Summary: Please read these terms very carefully as they form a binding Agreement between you and Stitchart Design regarding the use of our services and website. At the beginning of each Section, you’ll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Stitchart Dessign, a company that governs all use by you of the Stitchart Design website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to Stitchart Design and all of its subsidiaries and affiliated companies collectively as “Stitchart Design”, “we”, “our”, “us”, etc. 

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to this Agreement, do not use the Site or any other Services.  

1. Access & Membership

Summary: You need to be of a certain legal age to use Stitchart Design, and you’re fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.

In order to enjoy all of Stitchart Design’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s Stitchart Design account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Stitchart Design immediately of any breach of security or unauthorized use of your account. Although Stitchart Design will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Stitchart Design and others due to such unauthorized use.

2. Modifications

Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.

You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement.  Use of the Site and other Services by you after Stitchart Design posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Stitchart Design a written notification, including via email (and your Stitchart Design account will be deleted), to close your account within 30 days of notice.

3. Content

Summary: Stitchart Design respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you’re responsible for it. We’ll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you’ve submitted, we may remove the allegedly infringing content or suspend access to the Stitchart Design website.

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).

1. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by Stitchart Design. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by Stitchart Design.
2. Permission to Use the Content. Stitchart Design agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
3. Rights You Grant Stitchart Design. By posting your Content, you grant Stitchart Design a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Stitchart Design and/or your Stitchart Design store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
4. Reporting Unauthorized Content. Stitchart Design respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
5. Intellectual Property. Stitchart Design respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Stitchart Design, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.
6. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
7. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.

4. Use of Services

Summary: By using Stitchart Design, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we’ll reach out to you via email.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:

1. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products.  You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any Stitchart Design Party or expose any of them to liability.  You agree that Stitchart Design reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Stitchart Design.
2. Follow Brand Guidelines. The name “Stitchart Design”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Stitchart Design, that are used for proprietary purposes at our sole discretion.  Except as expressly provided in this Agreement, Stitchart Design does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Stitchart Design that Stitchart Design provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Stitchart Design reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
3. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Stitchart Design (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
4. Communication Methods. Stitchart Design will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
5. Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Stitchart Design.  Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Stitchart Design’s Products and may not be used for other purposes or in conjunction with products from other manufacturers. If Stitchart Design provides the possibility for Users to modify or customize any Digital Items, you will ensure that the Content used to modify such Digital Items will comply with the intellectual property laws and our Acceptable Content guidelines.

5. Responsibility of Site visitors

Summary: When using Stitchart Design services, it’s your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.

Violation of this Agreement or any other rules will result in the termination of your Stitchart Design account.

Stitchart Design and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Stitchart Design and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Stitchart Design or submitted to Stitchart Design, including without limitation information in Stitchart Design collaborations, posts and in all other parts of the Stitchart Design Services.

Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Stitchart Design with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided Stitchart Design with inaccurate or false information, (a) you shall be liable to Stitchart Design for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Stitchart Design, and (c) Stitchart Design shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.

6. Payments and fees

Summary: To pay for Stitchart Design services, you need a valid payment method (e.g. a credit card, E-wallet, Bank Account) that you’re authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren’t in line with our policies. 

You may choose to save your billing information to use it for all future orders and charges associated with Stitchart Design Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers. Stitchart Design may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent Stitchart Design participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, Stitchart Design cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current. 

When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed.  We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.

By placing an order or paying for Services through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Stitchart Design for damages resulting from such unauthorized use.  

With regard to payment methods, you represent to Stitchart Design that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

If you makes any return or claim which does not comply with our policies (including return policies which are described here), you will reimburse Stitchart Design for its losses, which consist of fulfillment costs and chargeback handling fees (up to RM60 per chargeback), if applicable. 

We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

Stitchart Design at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Stitchart Design may use or participate in.

7. Taxes

Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.

Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).

In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID.

8. Shipping

Summary: Once you’ve placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.

Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. 

The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Stitchart Design will not make any refunds and will not resend the Product.

If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with Stitchart Design’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to Stitchart Design investigation and sole discretion. Stitchart Design cannot guarantee delivery to P.O. boxes.

9. Description of products

Summary: We strive towards making our product development process the best we can, yet we can’t guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won’t result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.

While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Sometimes during the manufacturing process Products can be damaged.  Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes. Stitchart Design reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.

10. Purchase of products

Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Stitchart Design doesn’t take responsibility for missed deliveries due to typos in the delivery information.

Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract.  We may choose not to accept any orders in our sole discretion.

Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.

All information asked on the checkout page must be filled in precisely and accurately. Stitchart Design will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Stitchart Design.

We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.

11. Delivery

Summary: While we may provide delivery estimates, we can’t provide guaranteed delivery dates. Once Stitchart Design receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier. 

We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.

12. Privacy and Personal Data Processing

Summary: Stitchart Design’s Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.

Stitchart Design collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

13.General

Summary:  If you have any questions about our Terms of Service, feel free to contact us a cs@stitchartdesign.com