Terms of service

Overview

Welcome to KAP Creative Studios. The terms “we,” “us,” and “our” refer to KAP Creative Studios LLC. KAP Creative Studios operates this store and website, including all related information, content, features, tools, products, and services provided to you through the website (the “Services”). KAP Creative Studios is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

Access and Account

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have the consent required by law to use the Services.

You may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

Our Products

We make every reasonable effort to accurately represent our products, including their colors, materials, features, measurements, and appearance.

Colors and appearance may vary slightly depending on your device, screen settings, lighting, photography, and natural variations in materials.

Product descriptions, availability, specifications, and pricing may change without notice. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

Nothing in these Terms limits any rights relating to products that are defective, damaged, unsafe, misdescribed, or otherwise protected under applicable consumer law.

Orders

When you place an order, you are making an offer to purchase. KAP Creative Studios reserves the right to accept, decline, limit, or cancel an order where reasonably necessary, including in cases involving product availability, payment issues, suspected fraud, or pricing or inventory errors.

Your order is not accepted until payment has been successfully processed and your order has been confirmed.

Please review your order carefully before submitting it. Once an order has entered processing, we may be unable to accommodate cancellation or modification requests.

If we cancel or materially change an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to our Refund Policy.

Products offered for preorder or presale may have estimated shipping or release dates. These dates may change. If a significant delay occurs, we will provide any notice, cancellation opportunity, or refund required by applicable law.

Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price shown at the time your order is placed, subject to correction of obvious errors.

Unless otherwise stated, prices do not include shipping, taxes, customs duties, brokerage fees, or import charges.

International customers may be responsible for applicable duties, taxes, customs charges, or import fees unless those amounts are collected at checkout.

You agree to provide current, complete, and accurate payment and account information and represent that you are authorized to use the payment method provided.

Shipping and Delivery

All delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, government action, or other circumstances outside our reasonable control.

If your order is lost, damaged, or not delivered, please contact us at hello@kapcreativestudios.com so we can assist with an appropriate resolution.

Nothing in this section limits any rights or remedies available under applicable consumer law.

Intellectual Property and Digital Products

The Services and their contents, including trademarks, logos, text, photographs, graphics, illustrations, product designs, sewing patterns, instructional materials, videos, audio, and other content, are owned by KAP Creative Studios LLC or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted below, you may not reproduce, distribute, modify, publish, display, transmit, sell, sublicense, or otherwise commercially exploit material from the Services without our prior written permission.

Digital products purchased from KAP Creative Studios, including sewing patterns, downloadable files, instructions, illustrations, and sew-along content, are licensed for personal, non-commercial use only.

Sewing patterns may be used to create garments for the purchaser’s personal use only. Garments made from KAP Creative Studios sewing patterns may not be produced or sold commercially, including through made-to-order services, online marketplaces, retail, wholesale, or other commercial activity.

Digital files, patterns, instructions, videos, access links, and passwords may not be copied, shared, uploaded, distributed, resold, sublicensed, or used for paid classes, workshops, or other commercial purposes without prior written permission from KAP Creative Studios.

Purchasing a digital product does not transfer ownership of any copyright or other intellectual property rights.

Optional Tools

We may provide access to tools offered by third parties as part of the Services. We do not necessarily monitor or control these tools and provide access to them on an “as is” and “as available” basis.

Your use of third-party tools is at your own discretion and may be subject to the applicable provider’s terms and policies.

We may introduce additional tools, features, or resources in the future. These will also form part of the Services and be subject to these Terms.

Third-Party Links

The Services may contain links, materials, or functionality provided by third parties.

We are not responsible for examining or evaluating the accuracy, content, policies, products, or services of third-party websites.

If you access a third-party website or purchase products or services from a third party, your interaction is governed by that third party’s terms and policies.

Relationship With Shopify

KAP Creative Studios is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KAP Creative Studios.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KAP Creative Studios, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with KAP Creative Studios, to the extent permitted by applicable law.

Privacy

Personal information collected through the Services is handled according to our Privacy Policy.

Because our store is hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services.

Information you provide may be transmitted to Shopify and other service providers located in countries other than your country of residence where necessary to provide the Services.

Please review our Privacy Policy and Shopify’s applicable privacy policy for more information.

Feedback and Reviews

If you submit reviews, photographs, comments, suggestions, ideas, or other content to us, you represent that you have the right to provide that content.

You grant KAP Creative Studios a worldwide, royalty-free license to use, reproduce, publish, display, and distribute that content in connection with operating, marketing, and improving our business and Services.

Submitted content may not violate another person’s intellectual property, privacy, publicity, or other legal rights or contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious material.

We may remove or decline to publish content that violates these Terms or applicable law.

Errors, Inaccuracies and Omissions

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or transit times.

We reserve the right to correct errors, update information, or cancel affected orders where reasonably necessary.

If we cancel an order after payment has been collected, the applicable payment will be refunded.

Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable law, infringe intellectual property or other rights, engage in fraud or impersonation, transmit malicious code, collect personal information without authorization, send spam or unauthorized solicitations, circumvent security measures, interfere with the Services, or scrape, copy, extract, reproduce, sell, or exploit substantial portions of the Services without authorization.

We reserve the right to suspend or terminate access where we reasonably determine that these Terms have been violated.

Termination

We may suspend or terminate your access to the Services where reasonably necessary, including for violations of these Terms, unlawful activity, fraud, or misuse of the Services.

Termination does not eliminate obligations or liabilities incurred before termination.

Any provisions that by their nature should continue after termination, including those relating to intellectual property, digital-product licenses, disclaimers, limitations of liability, indemnification, and governing law, will remain in effect.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Except where expressly stated by KAP Creative Studios or required by law, we do not guarantee that the Services will always be uninterrupted, secure, timely, error-free, or available.

To the fullest extent permitted by law, we disclaim warranties that may otherwise arise regarding the Services.

Nothing in these Terms excludes, restricts, or modifies any warranty, consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, KAP Creative Studios LLC and its owners, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through the Services, including lost profits, lost revenue, lost savings, or loss of data.

Where applicable law does not permit a particular limitation or exclusion of liability, that limitation or exclusion will apply only to the maximum extent permitted by law.

Nothing in this section limits liability or remedies that cannot lawfully be excluded or limited.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless KAP Creative Studios LLC, Shopify, and their respective affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal costs arising from your material breach of these Terms, violation of applicable law, infringement of another person’s rights, or unlawful use of the Services.

Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect.

Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms incorporated by reference, constitute the entire agreement between you and KAP Creative Studios concerning use of the Services and supersede prior agreements or communications concerning the same subject matter.

Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms where permitted by law.

Governing Law

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of the State of Michigan and applicable federal law.

Except where applicable law requires otherwise, any dispute relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in Michigan.

Nothing in this provision deprives a consumer of rights or protections that cannot lawfully be waived.

Changes to These Terms

The most current version of these Terms will be available on this page.

We reserve the right to update or replace these Terms by posting changes to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

Contact Information

Questions about these Terms of Service may be sent to:

KAP Creative Studios LLC
2222 W Grand River Ave, Suite A
Okemos, MI 48864
hello@kapcreativestudios.com

This address is for business correspondence and is not a merchandise return address. Return instructions and the appropriate return address are provided through the return process described in our Refund Policy.