SMS Terms and Conditions

SMS Terms

Last Updated: June 22, 2026

1. Program Description

Happy Earth LLC ("Happy Earth®," "we," "us" or "our") operates an SMS text messaging program (the "Service") that is used to communicate with customers who have opted in to receive promotional and personalized text message marketing (e.g., SMS, MMS, and RCS) (collectively, "Messages") from Happy Earth®. The Service is subject to these Happy Earth® SMS Terms and Conditions ("SMS Terms"). Capitalized terms that are used but not defined herein shall have the meaning set forth in the Happy Earth® Website Terms of Service ("Website Terms"), as made available on the Happy Earth® website located at www.happyearthapparel.com (the "Site").

The Service is operated by Happy Earth and powered by Klaviyo, Inc., our SMS and email marketing platform.

The Service shall be governed by all applicable Happy Earth® agreements including, without limitation, the Website Terms and the Happy Earth® Privacy Policy (collectively, the "Happy Earth® Agreements"). These SMS Terms are hereby incorporated into the Happy Earth® Agreements, and any and all terms and conditions contained therein shall apply to these SMS Terms. Without limiting the foregoing, the Sections of the Website Terms entitled, "Disclaimer of Warranties," "Limitation of Liability" and "Dispute Resolution Provisions" shall all govern these SMS Terms. Where there is a conflict between the terms and conditions of these SMS Terms and those of the Happy Earth® Agreements, to the extent that they apply to the Service, these SMS Terms shall govern in all respects.

Please review these SMS Terms, and all applicable Happy Earth® Agreements, carefully, prior to utilizing the Service. If you do not agree to the terms of these SMS Terms, and all applicable Happy Earth® Agreements, in their respective entirety, you are not authorized to register for, or utilize, the Service.

2. How to Opt In

You may subscribe to the Service by any of the following methods where you concurrently provide "prior express consent," within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission, as amended from time-to-time (the "TCPA"):

  • Checking the SMS opt-in checkbox during checkout on our Site;
  • Subscribing through an SMS sign-up form on our Site or in a promotional pop-up; and/or
  • Texting a keyword to +1 (877) 849-6309, as indicated in connection with a specific campaign or promotion.

By opting in through any of these methods, you consent to receive recurring automated Messages from Happy Earth® at the mobile telephone number you provide at registration or any other number that you later designate ("Active Telephone Number"), including Messages sent using an automatic telephone dialing system or other technology. By providing your Active Telephone Number in connection with registering for the Service, you represent and warrant that you are providing your own telephone number, and that you are the line subscriber, the primary user and a legally-authorized user of the Active Telephone Number. Please be advised that by agreeing to these SMS Terms, you are obligated to immediately inform us if and when your Active Telephone Number changes. Without limiting the foregoing, if you: (a) have your Active Telephone Number reassigned to another person or entity; (b) give up your Active Telephone Number so that it is no longer used by you; (c) port your Active Telephone Number to a landline or vice versa; or (d) otherwise stop using your Active Telephone Number for any reason (collectively "Phone Number Change"), you agree that you shall promptly notify Happy Earth® of the Phone Number Change via e-mail at: contact@happyearthapparel.com. Consent to receive Messages is not a condition of any purchase of Happy Earth® Products or other Happy Earth® offerings. While you consent to receive Messages sent using an autodialer by opting in to the Service, the foregoing shall not be interpreted to suggest or imply that any or all of our Messages are sent using an autodialer.

3. Types of Messages

Once subscribed to the Service, you may receive the following types of Messages from Happy Earth®:

  • Promotional Messages: sales announcements, discount codes, new product launches and special offers;
  • Cart reminders: Messages about items left in your shopping cart on the Site;
  • Order and shipping updates: order confirmations, shipping notifications and delivery updates; and/or
  • Program updates: changes to the Service or these SMS Terms.

4. Message Frequency

You may receive up to four (4) promotional or marketing Messages per month. Transactional Messages (such as order confirmations and shipping updates) are sent as needed in connection with your orders and do not count toward this limit.

5. Costs and Carrier Rates

Happy Earth® does not charge a fee for the Service. However, standard message and data rates from your wireless carrier may apply to the Messages you send and receive in connection with the Service. Happy Earth® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier. Please check your mobile plan for details and contact your wireless provider if you have questions about your rates.

You are solely responsible for all charges related to Messages imposed by your wireless carrier, including any charges incurred after opting out.

6. How to Opt Out

You may opt out of receiving marketing SMS messages from Happy Earth at any time by texting the single keyword "STOP," "STOPALL," "UNSUBSCRIBE," "CANCEL," "END," "QUIT," "REVOKE" or "OPT OUT" to +1 (877) 849-6309, or by submitting a request at: happyearthapparel.com/pages/sms-opt-out.

After opting out, you will receive one final text Message confirming that you have been unsubscribed. No further marketing Messages will be sent to your Active Telephone Number, unless you re-subscribe.

Please note: if you have subscribed to multiple Happy Earth® messaging programs or campaigns, you may need to opt out of each separately by following the specific instructions for each program.

Opting out of marketing Messages will not affect your receipt of transactional Messages related to Happy Earth® Product orders that you have placed (such as order confirmations and shipping notifications). If you wish to opt out of transactional messages as well, please contact us at: contact@happyearthapparel.com.

7. Getting Help

For assistance with the Service, you may:

8. Consent Not Required for Purchase

Your consent to receive Messages from Happy Earth® is completely voluntary and is never required as a condition of purchasing any Happy Earth® Product or other offering from us. You may shop with us and complete any purchase regardless of whether or not you subscribe to the Service.

9. Age Requirement

The Service is available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, "Usage Requirements"). The Service is not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Service.

10. State Telemarketing Law – Residence

We endeavor to comply with applicable state telemarketing laws including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Georgia Anti-Telemarketing Law, as amended, Maryland's Stop the Spam Calls Act of 2023, the Oklahoma Telephone Solicitation Act of 2022, New Jersey's Senate Bill 921 (2023), the Texas Telemarketing Law, the Virginia Telephone Privacy Protection Act and the Washington Telemarketing Law HB1497. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Service, the area code of your Active Telephone Number is an area code associated with that state. Further, you agree that you will not assert that you are a resident of a state other than the state applicable to your Active Telephone Number area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any Messages sent by us in direct response to mobile messages or requests from you (including, but not limited to, responses to keywords, opt-in requests, help requests, opt-out requests and shipping notifications) shall not constitute a "commercial telephone solicitation phone call," "telephonic sales call," "telemarketing sales call," "telephone solicitation" or "unsolicited telemarketing sales call" for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.

11. Subscribers Located in Texas

Insofar as Texas State law applies to your receipt of one or more Messages from us pursuant to the Service, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word "customer" shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word "establishment" shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.

12. Supported Carriers

The Service is supported on most major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, and others. Wireless carriers are not liable for delayed or undelivered messages. Message availability may vary by carrier and device.

We may change the telephone number or short code we use to operate the Service at any time. We will notify you of any such change. You acknowledge that any messages — including STOP or HELP requests — sent to a number we have discontinued may not be received, and we will not be responsible for honoring requests made to discontinued numbers.

13. Privacy

Your Active Telephone Number and SMS interaction data are processed by Klaviyo, Inc., our SMS and email marketing platform, on our behalf. We do not sell your Active Telephone Number to third parties for their own marketing purposes. For full details about how we collect, use, and protect your personal information, please review our Privacy Policy.

14. Limitation of Liability

To the extent permitted by applicable law, Happy Earth® is not liable for failed, delayed, or misdirected delivery of any Message sent through the Service, any errors in such Messages, or any action you may take in reliance on a Message or the Service.

15. Changes to the Service or These SMS Terms

We reserve the right to modify or discontinue the Service or any of its features at any time, with or without notice. We may also update these SMS Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending you a text notification. Your continued use of the Service after changes are posted constitutes your acceptance of the revised SMS Terms.

16. Contact Us

For questions about these SMS Terms or the Service, please contact us:

Happy Earth Apparel
875 Industrial Highway, Ste. 2, Cinnaminson, New Jersey 08077
Email: contact@happyearthapparel.com
SMS: Text HELP to +1 (877) 849-6309
Website: www.happyearthapparel.com/pages/contact