Terms & Conditions
Welcome to KidStitch. These Terms and Conditions ("Terms") apply to all users of the website and services provided by KidStitch ("we," "us," or "our"). By accessing, browsing, or using this website (the "Site") and/or placing an order with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of these Terms, please do not use the Site.
This agreement is governed by the laws of the State of California, and it outlines your rights and obligations when interacting with KidStitch.
1. General Information
KidStitch is an online store based in California, specializing in custom personalized embroidered clothing and accessories for babies and toddlers. Our products are uniquely crafted based on individual customer specifications, making them one-of-a-kind items.
2. Eligibility to Use the Site
By using this Site, you represent and warrant that:
- You are at least 18 years old or older and are legally capable of entering into binding contracts.
- If purchasing on behalf of a minor, you confirm that you are the parent or legal guardian of that minor.
- You are responsible for ensuring the accuracy of all information you provide during your interaction with KidStitch, including billing, shipping, and personalization details.
3. Personalization and Customization
At KidStitch, all of our products are custom-made based on the specifications provided by you, the customer. By placing an order, you agree to the following:
-
Customization Accuracy: You are responsible for providing accurate and complete customization details, including names, initials, colors, and other specific requests. Once an order is placed, no changes can be made. Please review your order carefully before submitting it.
-
Order Review and Approval: After placing your order, you will receive a confirmation email summarizing your order details. If there are any discrepancies, it is your responsibility to contact us within 24 hours.
-
Design Rights: By submitting any personalization request (e.g., names, logos, designs), you confirm that you have the legal right to use such material and that it does not violate any intellectual property laws. KidStitch reserves the right to refuse any design that it deems inappropriate or infringing on third-party rights.
4. Pricing and Payments
-
Pricing: All prices listed on the Site are in U.S. dollars and are subject to change at any time without notice. Prices do not include shipping costs, taxes, or any additional fees unless otherwise specified.
-
Payment Methods: KidStitch uses Shopify’s secure payment gateway to process all transactions. We accept major credit cards (Visa, MasterCard, American Express), PayPal, and other payment methods offered by Shopify. You agree to provide valid and accurate payment information when placing an order.
-
Sales Tax: Applicable taxes, including but not limited to state and local taxes, are calculated based on your shipping address and will be included in the final total at checkout, in accordance with California state laws.
5. Order Processing and Fulfillment
-
Processing Times: As all our products are custom-made, please allow up to 7-14 business days for order processing and fulfillment. During high-demand periods, such as holidays or sales, processing times may be extended. We will notify you of any significant delays.
-
Shipping: We ship via major carriers such as USPS, UPS, or FedEx. Shipping costs will be calculated based on your delivery address, the weight of your order, and the shipping method chosen at checkout. KidStitch is not responsible for delays or damages caused by third-party shipping providers.
-
Delivery: Once the order is shipped, you will receive a tracking number via email. We are not responsible for delays due to incorrect or incomplete shipping addresses provided by the customer.
-
International Shipping: At this time, KidStitch primarily serves customers within the U.S. If international shipping becomes available, you will be responsible for any customs duties, taxes, or additional charges incurred during international shipment.
6. Returns, Refunds, and Cancellations
-
All Sales Final: Due to the personalized nature of our products, all sales are final. We do not accept returns, exchanges, or refunds unless the item is defective or damaged upon receipt.
-
Defective or Damaged Items: If you receive an item that is defective or damaged, please contact us within 7 days of receipt. Provide clear photographic evidence, and we will evaluate the situation. If deemed appropriate, we will replace the item or provide a store credit.
-
Order Cancellations: You may cancel your order within 24 hours of purchase. After this time, your order enters production and cannot be canceled.
7. Intellectual Property Rights
-
Ownership: All content, designs, images, logos, text, and other intellectual property displayed on the Site are the property of KidStitch and are protected by copyright, trademark, and other intellectual property laws. No part of the Site or our products may be used, reproduced, or distributed without our express written consent.
-
User-Provided Content: By submitting any content, design, or logo for personalization, you affirm that you have the legal right to use such material. KidStitch will not be liable for any intellectual property infringement claims related to user-provided content.
8. Limitation of Liability
-
Product Variations: Due to the handcrafted nature of our products, slight variations in embroidery, stitching, color, and materials may occur. By purchasing from KidStitch, you acknowledge and accept these variations as part of the handmade process.
-
No Indirect Damages: KidStitch shall not be held responsible for any indirect, incidental, or consequential damages arising from the use of our Site or products.
-
Limitation of Damages: KidStitch’s maximum liability for any claim related to a product purchase is limited to the price paid for the product.
9. Disclaimer of Warranties
KidStitch provides all products on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. While we strive to provide high-quality products, we do not warrant that the items will meet your expectations or that any issues will be corrected.
10. User Responsibilities and Prohibited Activities
As a user of KidStitch’s Site, you agree to:
- Not engage in any unlawful or harmful activity while using the Site or services.
- Refrain from attempting to interfere with the security of the Site, such as through hacking or introducing malicious software.
- Not impersonate any other person or entity when using the Site or placing orders.
- Not violate any local, state, or federal laws while using the Site.
11. Third-Party Links
The Site may contain links to third-party websites. These links are provided for convenience only, and KidStitch does not endorse or control the content of these third-party websites. We are not responsible for any issues arising from your use of third-party websites, and you agree that you access these links at your own risk.
12. Dispute Resolution
-
Governing Law: These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.
-
Arbitration Agreement: In the event of any dispute between you and KidStitch arising from these Terms or your use of the Site, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in California, and each party will bear its own costs.
-
Waiver of Class Action: By agreeing to arbitration, you waive your right to participate in any class-action lawsuit or other class proceeding against KidStitch.
13. Indemnification
You agree to indemnify, defend, and hold harmless KidStitch, its employees, directors, agents, affiliates, and suppliers from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the Site, your breach of these Terms, or your violation of any third-party rights, including intellectual property rights.
14. Changes to Terms
KidStitch reserves the right to amend, update, or modify these Terms at any time without prior notice. Changes will become effective immediately upon posting on the Site. Continued use of the Site after such modifications signifies your acceptance of the revised Terms.
15. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy for detailed information on how we collect, use, and protect your personal data.
16. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
- Email: kidstitch.shop@gmail.com