Terms & Conditions

Welcome to the Amy Nicole Studio website which is located on www.amynicolestudio.com

This website is owned and operated by Amy Nicole Studio (“ANS”) from United States. Throughout the Site, the terms “we”, “us”, “company”, “our” and “ANS” refers to Amy Nicole Studio. We offer this website, including all information, tools, blog posts, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. 

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with any of our Terms and policies, you should not use the Services.

1. General

Amy Nicole Studio is a creative Site and Blog covering Sewing, DIY and Fashion related topics.  It includes tutorials that help to teach and improve sewing skills, provide free sewing-related printable, and projects which can be re-created. The Site offers both free and paid products. Amy Nicole Studio holds the right to add or discontinue any product or service on its Site without notice from time to time.

• Services. 

You may use the Services only in accordance with and subject to these Terms and any other terms and policies posted on our Site. 

The Services are solely for your personal and non-commercial use, unless otherwise authorized by Amy Nicole Studio in writing. You may not use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Amy Nicole Studio or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Services to: 

(a) transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; 

(b) introduce to our websites or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; 

(c) obtain unauthorized access to any computer system; 

(d) impersonate any other person, including but not limited to, a registered user of the Services or an employee of Amy Nicole Studio; 

(e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; 

(f) misrepresent the identity of a user or use a false e-mail address; 

(g) tamper with or obtain access to our websites or mobile applications or any component of any of them; 

(h) conduct fraudulent activities; or 

(i) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail. 

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

• Eligibility to Purchase

The purchase of products and services through Amy Nicole Studio is strictly limited to parties who can lawfully enter into and form contracts on the Internet.  In order to make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

By making an offer to purchase products and services you expressly authorize us to perform credit checks and where Amy Nicole Studio feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Amy Nicole Studio reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

• Orders

All orders are subject to acceptance and availability. We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any products from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

• Payment

The following Payment methods are accepted on our Site:

• Credit Card / Debit Card (including Visa, MasterCard, AmericanExpress)
• PayPal
  
  
• Delivery, Downloads and Refunds

Digital items/products

• Digital items are delivered via Internet download and are not eligible for a refund due to their nature.
• Digital items will be available for download after you purchase through a link provided to your email or through a re-direct link. The email will serve as your electronic purchase receipt and will contain the information you need.
• Maximum of five (5) downloads are allowed for digital items.

Physical items/products

• Physical items are shipped and dispatched after a two (2) to seven (7) days order processing time.
• We are not responsible for any delay caused by the courier company for a delivery.
• Physical items are delivered from our Vendor; Printful Inc.

Print-on-demand products

• The garments on our Site are printed on demand and do not qualify for returns, exchange or refunds.
• Under special circumstances, we offer refunds for Print-on-demand items which are received as damaged, defective or incorrect. Our refund will not cover delivery fee or any tax.
• If your product is defective / damaged or incorrect/incomplete at the time of delivery, please contact us within 14 days.

Cancellation requests

• For physical products, you are allowed to make a cancellation request within 12 hours starting from the time of completing your purchase and payment. Any cancellation requests will not be entertained after the 12 hour period has elapsed.
• Digital Items do not qualify for cancellations. All sales are considered final for digital items.

Taxes/Customs

For deliveries outside United States, any taxes, custom duties or costs applied on the product will be paid by the customer.

More information

For more information on this section or to make a refund / cancellation request (as the case may be), please send us an email on hithere@amynicolestudio.com

• Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes.  Sales tax will only be charged on orders where applicable. 

• Discount Codes

We may provide promotional codes offering a discount on our products. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers, and must be used by the date published, if any. Only one promo codes can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

• Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

The PDF patterns, the garments made from PDF patterns, tutorials and all materials provided on our Site is strictly meant for personal use only. The Customer will not re-sell, modify, distribute, copy or use the materials for any commercial use.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

1. Accounts, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. AMY NICOLE STUDIO is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of AMY NICOLE STUDIO. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such Password to another person or entity or permit another entity to access the Site using such Password. You must notify AMY NICOLE STUDIO immediately of any breach of security or unauthorized use of your account. AMY NICOLE STUDIO cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.

1. Intellectual Property Rights

Amy Nicole Studio retains Intellectual Property ownership of all Amy Nicole Studio logos, texts, original inventions, designs, copyrights and processes. Copyright exists in all documents, designs, programs, or other material issued by or on behalf of Amy Nicole Studio, which the Customer shall keep for personal use only and not disclose or use the same for his or another’s benefit without Amy Nicole Studio’s prior written consent..

You further agree to indemnify and save harmless Amy Nicole Studio from and against all claims, damages, actions, suits, settlements and judgments which may be made or brought against Amy Nicole Studio in connection with the Design/Content.

1. Monitoring Activity

 AMY NICOLE STUDIO has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. AMY NICOLE STUDIO has no obligation to display or post any content. AMY NICOLE STUDIO, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. AMY NICOLE STUDIO shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by AMY NICOLE STUDIO or any other party.

1. Digital Millennium Copyright Act

AMY NICOLE STUDIO expects all users to respect the intellectual property rights of others. AMY NICOLE STUDIO may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at ____@amynicolestudio.com.  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for AMY NICOLE STUDIO to locate the material; contact information of the notifying party, such as address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMY NICOLE STUDIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

1. Limitation of Liability

You agree that in no event shall AMY NICOLE STUDIO be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or AMY NICOLE STUDIO’ secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

1. Indemnification

You agree to indemnify and hold AMY NICOLE STUDIO and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

1. Choice of Law; Disputes

You will resolve any claim, cause of action or dispute (together a “claim”) you have with AMY NICOLE STUDIO arising out of or relating to the Site or the Terms and Conditions exclusively in a state or federal court located in ______, United States. The laws of the State of ______, USA, will govern the Terms and Conditions, as well as any claim that may arise between you and AMY NICOLE STUDIO, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of ______ for the purpose of litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and AMY NICOLE STUDIO, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these Terms and Conditions portends irreparable injury to AMY NICOLE STUDIO, you agree that AMY NICOLE STUDIO shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.

1. Privacy

For more information on how we collect your information and cookies, please refer to our Privacy Policy.

1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should therefore review these Terms and Conditions regularly.

• Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

• Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

• Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and AMY NICOLE STUDIO with respect to the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive AMY NICOLE STUDIO’ right to act with respect to subsequent or similar breaches.

• Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on hithere@amynicolestudio.com