Terms and Conditions
Our Website offers yarn and other products and services related to knitting, crocheting and needlecraft (Goods and Services).
The terms “us” or “we” or “our” refers to Kitschy Stitch, the owner of this Website. A “Visitor” or “Guest” is someone that merely browses our Website. A “Member” is someone who has registered with our Website. The term “User” is a collective identifier that refers to either a Visitor, Guest or a Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Kitschy Stitch.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Kitschy Stitch, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Goods and Services, and the subject matter contained herein. Nevertheless, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
Kitschy Stitch grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with this Agreement. Your use of our Website is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website and Content.
Our Intellectual Property
All Content included on our Website, including but not limited to text, graphics, designs, logos, button icons, images, audio clips and software, is the property of Kitschy Stitch, or its suppliers and protected by U.S. and International copyright laws. All trademarks, service marks, logos and trade names are proprietary to Kitschy Stitch or this site. All other trademarks not owned by Kitschy Stitch or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kitschy Stitch or this site. Your use of our Website, Goods or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Kitschy Stitch.
Our Content, as found within our Website, Goods and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website, Goods and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
Registration for Membership is intended solely for Users who are at least eighteen (18) years of age or older. Membership is not transferable or assignable and is void where prohibited.
Any registration or purchase by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using our Website or Goods and Services, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement. Kitschy Stitch has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will receive a password. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website or Goods and Services at any time. We reserve the right in our sole discretion to edit or remove any information or other content appearing on our Website.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY KITSCHY STITCH AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
All products come with the warranty that is supplied directly by the manufacturer.
WE ARE NOT RESPONSIBLE FOR PRODUCT FAILURES OR FAILURES DUE TO USE. WE ARE NOT RESPONSIBLE FOR SHIPPING COSTS OTHER THAN DUE TO OUR OWN MISTAKE. ANY ITEM THAT IS ALTERED, USED OR NOT IN ITS ORIGINAL AND SELLABLE STATE MAY NOT BE RETURNED. (See Order Processing, Shipping & Returns at this link.)
Limitation of Liability
Kitschy Stitch, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website, (d) your use of our Website our Content, (e) the content contained on our Website, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL KITSCHY STITCH OR ITS OWNERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF KITSCHY STITCH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KITSCHY STITCH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY CONCERNED PURCHASED GOODS OR SERVICES.
Members may submit feedback or comments regarding this Website and our Goods and Services (Member Content). To be posted, submissions must not be offensive or objectionable.
Without limiting the foregoing, we have sole discretion to decline to post or remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Use of Information
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Links to Other Websites
We accept only MasterCard and VISA. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
All payments must be in United States currency. Current billing address and phone information must be included with every order. Prices and shipping cost are subject to change anytime because of exchange rates, changes in shipping costs, manufacturer price changes and other circumstances.
Order Processing, Shipping and Returns Policy
Our Order Processing, Shipping & Returns Policy is considered part of this Agreement; it can be viewed by clicking this link.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website.
Governing Law and Statute of Limitations
This site is controlled by us from our office within the State of Delaware, United States. As each location has laws that may differ from those of Delaware, by accessing this site, both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site as though fully performed herein. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the local courts of the State of Delaware in Sussex County with respect to such matters. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright © Orion Systems. This document, or any portion of, may not be copied or duplicated without
the written permission of Orion Systems. http://www.disclaimertemplate.com
Knit. Crochet. Repeat.