Last updated September 18th, 2020
Welcome to Classy Lady Yarnworks. The website located at www.classyladyyarnworks.com (“Website”, “Site” or “Online Store”) is owned and operated by Wallick Family Enterprises, Inc (“Company”, “We”, “Us” or “Our”) doing business as Classy Lady Yarnworks. The following Terms and Conditions are a legally binding agreement between you (the “Customer”, “User”, “You”, or “Your”) and the Company.
By proceeding to use the Website, you represent and warrant to the Company that you have read and fully understood all the provisions of this Agreement.
- You must be at least 18 years of age to access and use our Website;
- All refunds and replacements are done in accordance with our replacement and refunds policy. If you wish to return a product and/or request replacement or refund, please see our replacement and refund policy (8.c.i. – c.iii.) for more information on steps you need to take to request a replacement or refund;
- Any payment information you provide through our Website is collected and processed by our chosen payment processors who are PCI DSS compliant. We currently use Square and Paypal payment processor and your use of their services is governed by their respective legal terms and privacy policies;
- We do not offer any product warranties other than those manufacturer’s warranties described on the product packaging.
3. Key Terms
For the purposes of this agreement, the following terms shall hold the meaning as defined below:
“Product/s” – refers to all products listed on the Website.
“Customer/s” – refers to Users who place an order (by making full payment) to purchase a product through the Website.
You must be at least eighteen (18) years of age to order a product through the Website. Please do not order a product through the Website if you do not meet the age eligibility criteria as we cannot enter into a legally binding agreement with any person under the age of eighteen.
IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, USERS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM ACCESSING THIS WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
The Company may amend any provision of this Agreement at any time or discontinue the Website or any specific Product offering without giving any prior notice to you. The notice of amendments is served by updating the last modified date on the top of these Terms and Conditions. You are advised to review these Terms and Conditions every time you visit the Website or order a product. The Company will honour the Terms which were effective at the time of your order for any order related requests and queries.
6. General Information Disclaimer
THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE PRODUCTS AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY FOR ANY OMISSION/ACTION YOU TAKE BASED ON THE CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO MINIMISE ANY PRICING ERRORS AND INACCURACIES IN INFORMATION AVAILABLE ON OUR WEBSITE HUMAN ERROR IS POSSIBLE WHICH IS WHY WE ARE UNABLE TO OFFER ANY GUARANTEES.
PRODUCT IMAGES DISPLAYED ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY AND THERE MAY BE MINOR VARIATIONS IN THE PRODUCT THE COMPANY CREATES AND THE PRODUCT THE CUSTOMER CREATES. IF YOU HAVE ANY PRODUCT SIZE RELATED QUERIES PLEASE CONTACT US AT STEPH@CLASSYLADYYARNWORKS.COM BEFORE PLACING YOUR ORDER.
7. Guest Checkout, Account Registration, and Safety
You can purchase any product on our Website without registering an account by simply Checking out as a Guest, however, if you wish to access additional functionality on the Website, you may register for a user account.
You are under a legal obligation to only provide us with accurate and current information when requested.
Please note that all User accounts are offered solely at our discretion. We may refuse to provide a User account at any time without providing any reason for our decision. You are solely responsible for maintaining the confidentiality of your account login details.
You understand and agree that all activity under your account is solely your responsibility, regardless of whether you authorized it or not. You are obligated to immediately notify us of any unauthorized use of your account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorized access to your account.
8. Terms of Sale
a. Placing your order
Customers can easily select any product they wish to purchase from the Website, complete the requested information in the order form and authorize the payment to place their order at www.classyladyyarnworks.com
Customers can pay with any major credit card through Square or using secure Paypal Payment Processor. By selecting a payment processor for your purchase, you are agreeing to abide by that Payment Processor’s terms and privacy practices. To learn more about Square’s legal agreements, please visit the link provided here and to learn about Paypal’s terms of service, please visit this link.
An order is only deemed accepted after the order confirmation email is sent by the Company. We will not process any orders before sending you a confirmation email. Please note, by submitting your order through our Website you are agreeing to pay for any/all items you ordered (including any taxes and shipping fees as visible at the time you placed your order) at the time we send you the confirmation email.
All digital products listed on our Website are sent to the email provided by you at the time you place your order. All digital orders will be delivered to you upon receipt of payment.
All physical products listed on our Website are shipped to the shipping address provided by you at the time you place your order. In the event we are unable to fulfill your order, we will immediately notify you of termination of your request via email. The title and the risk pass to the Customer upon delivery of the Product. All orders will be delivered to you within the estimated delivery time frames. You understand and accept that all delivery timeframes are estimates only and we do not offer any guarantees as to the time and date of your delivery. We are unable to assume any responsibility for any delay in delivery.
The Company may in its sole discretion and without giving any prior notice to you change any product prices, at any time. Please be assured that our change of product prices will not impact any orders that you have already placed and you will be charged the product price listed on the Website at the time you placed your order. In case of errors in pricing on your order, we will contact you and offer you an opportunity to place your order at the correct price.
Importing products from other countries can attract import duties and taxes in the destination country. Our product prices as listed on the website do not include such import duties and taxes. Any international duties and taxes are borne by the Customer only.
c. Cancellations, Returns and Refunds Policy
c.i. Order Cancellations
Due to the immediate and automated delivery of digital products, cancellations are not possible on any digital products.
Due to the custom nature of our physcial products we handle cancellation requests on a case by case basis. We will gladly cancel any orders before we start production however once the production has begun and/or if the product has already been dispatched, we are unable to accept cancellation requests. If for some reason you change your mind about your order and wish to cancel it please contact us at firstname.lastname@example.org immediately and we will do our best to help whenever possible.
The Company reserves the right to cancel any order at any time after the occurrence of any of the following:
- the products ordered being unavailable for any reason; or
- the Customer is in breach of any provisions of these terms;
- We cease our business operation for any reason
c.ii. Returns Policy
There are no returns available for any digital products.
Except for physical products purchased on clearance or during a sale, you may return your order anytime within seven days from the date of delivery and receive a full refund. Please note that we are unable to accept any return requests after the lapse of the initial seven day period and all sales thereafter are deemed final.
To request a return, replacement or refund for your order please ensure that:
- You send your return request to email@example.com within seven days from the time of receipt of product and follow all the return instructions provided in the email;
- The product you wish to return must be unused with original retail tag and packaging in resaleable condition;
- The return shipment must be securely packaged to avoid any damage to the product during return shipping;
- The return shipment must clearly state your order number
Please note that we will not offer full refunds or replacements if our inspection reveals that the product was damaged as a result of you not following the product care instructions.
There are no refunds available on digital products.
Where you qualify for a full or partial refund, we will process the refund within 30 days of the receipt of the returned product. All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account.
9. Intellectual Property
Excluding any User Generated Content, the Company and its licensors are the owners of intellectual property rights in all content available on the Website including any text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”). All Company content is protected by trademark, copyright and other intellectual property laws under the local and international laws and conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.
You must not remove any copyright, trademarks and any proprietary notices from any Company Content.
If you are blogger and wish to share one of the Company’s designs that is written within a blog post, you may share so long as you include a link back to the appropriate post on the Company’s website, you may use one photo from the appropriate post. And be sure to reach out to the Company to allow reciprocal sharing of your post to their followers.
10. User-Generated Content
By contributing User Generated Content to our Website, you further grant the Company and its authorized personnel the right to identify you as the author of such User Generated Content where appropriate and/or if required by law.
Furthermore, by contributing User Generated Content on our Website and Social Media pages, you expressly grant us irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, distribute, reproduce, modify, adapt, publish, display, sell, create derivative work or share, in print or on any digital media, any of your User Generated Content.
Please note that User Generated Content is the sole responsibility of the User who originally made the Contribution and the Company will not be held liable for the accuracy, legality or authenticity of any User Generated Content.
11. User Conduct
You agree that you will never:
- Use the Website or any products offered by the Company for any illegal or unlawful purposes;
- Post any content that may be potentially or actually harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe any User’s, Company’s or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights;
- Act in any manner that may lead to a violation of any applicable laws or regulation;
- Post any content that may be deemed defamatory, libellous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on our Website;
We will be delighted to hear your views on our products and any suggestions for improvements. Please note that although we love to hear from our Customers and Users, we want to avoid all misunderstanding about the nature of this communication. You understand and accept that by sending us your feedback, ideas and suggestions you are granting us full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our current product line or creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
13. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of opportunity, costs incurred in procurement of substitute products or indirect, incidental, special or consequential damages, arising from our related to your use of products or failure to do so.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR PRODUCTS, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY USER BEHAVIOUR. THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PRODUCTS. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED IN LAW.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct, or;
(iii) the infringement by you, or any third party using your User account on the website, of any intellectual property or other rights of any person or entity.
15. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Texas and the Federal laws of United States of America. Both the User and the Company agree to submit to the exclusive jurisdiction of state or federal courts located in Texas.
16. No Class Action
All claims between you and the Company related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Website or any Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
17. Jury Trial
The Company and its Users both hereby waive their right to a trial by jury for all claims or causes of action (including counterclaims) related to or arising out of this Agreement against the other.
18. Entire Agreement
Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.
The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company.
21. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.