Terms and Conditions
Introduction
Last updated: September 16, 2024
Welcome to IndieStitch! These Terms and Conditions outline the rules and regulations for using Our Service. By accessing or using the Service, You agree to comply with these Terms. If You disagree with any part of the Terms, please do not use the Service.
Interpretation and Definitions
Interpretation
Words with capitalized initials have meanings defined below. These definitions apply regardless of whether they appear in singular or plural form.
Definitions
- Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Account: A unique account created for You to access Our Service or parts of it.
- Country: Refers to Iowa, United States.
- Company (also “We,” “Us,” or “Our”): Refers to PrecutPak LLC DBA IndieStitch, 5229 Bent Tree CT NE, Cedar Rapids, IA 52411.
- Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
- Feedback: Suggestions or comments provided by You regarding Our Service.
- Free Trial: A limited period during which the Service may be accessed for free.
- Goods: Items offered for sale through the Service.
- Orders: A request by You to purchase Goods from Us.
- Promotions: Contests, sweepstakes, or other promotional activities offered through the Service.
- Service: Refers to the Website.
- Subscriptions: Access to the Service provided on a subscription basis.
- Terms and Conditions (or “Terms”): These Terms and Conditions that form the entire agreement between You and the Company.
- Third-party Social Media Service: Any services or content provided by a third party and made available through the Service.
- Website: Refers to IndieStitch, accessible from https://indiestitch.com.
- You: The individual or entity accessing or using the Service.
Acknowledgment
These Terms and Conditions govern the use of this Service and form the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.
By accessing or using the Service, You agree to comply with these Terms. If You disagree with any part of these Terms, please do not use the Service.
You confirm that You are over 18 years old. The Company does not permit those under 18 to use the Service.
Your use of the Service is also subject to Our Privacy Policy, which explains how We collect, use, and disclose Your personal information. Please review the Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order through the Service, You confirm that You are legally capable of entering into binding contracts.
You may be asked to provide certain information relevant to Your Order, including Your name, email, phone number, credit card details, billing address, and shipping information. You represent and warrant that:
- You have the legal right to use the payment method(s) in connection with Your Order.
- The information You provide to Us is accurate, complete, and current.
By submitting Your information, You grant Us the right to share it with third-party payment processors to complete Your Order.
Shipping Policy
Please read this Shipping Policy carefully before placing an Order for Goods through Our Service.
Shipping of Subscription Products
IndieStitch subscription kits are shipped during the first week of each month. Orders placed within a given month will be shipped during the first week of the following month (e.g., Orders placed between February 1 and February 28 will ship between March 1 and March 6). There are no peak periods or holidays that affect the shipping schedule for subscription products.
Shipping of Non-Subscription Products
Non-subscription products are processed for shipment within 2-3 business days. Processing times may vary during peak periods.
Shipping Methods and Fees
- United States: Subscription products are shipped via USPS, with shipping fees included in the purchase price. Non-subscription products will be shipped using the service selected at checkout. Products purchased with a “free shipping” coupon code will be shipped using the most cost-effective shipping method, which may differ from the method chosen at checkout. Shipping charges for non-subscription products are based on weight.
- Canada: Subscription products are shipped via FedEx for a flat rate of $20 USD. This rate includes delivery duties paid. Non-subscription products are shipped via FedEx for a rate based on the weight of the package. If You encounter any additional fees with FedEx, please contact Us at [email protected] before making any payment to validate the charges.
Shipping Locations
IndieStitch ships to the United States and Canada only.
- United States: Orders are shipped via USPS or UPS.
- Canada: Orders are shipped via FedEx at a flat rate for subscription products; additional fees may apply for non-subscription products based on weight.
Estimated Delivery Times
- United States: Standard shipping takes approximately 5-7 business days from the shipping date.
- Canada: Standard shipping takes approximately 3 business days from the shipping date.
Order Tracking
Tracking information will be provided via email once Your Order has shipped.
Shipping Delays and Special Circumstances
While We strive to ensure timely delivery of all Orders, there may be delays due to circumstances beyond Our control. This includes, but is not limited to, natural disasters, pandemics, government restrictions, transportation or carrier disruptions, customs delays, or any other unforeseen events. In such cases, We will make reasonable efforts to keep You informed and minimize any inconvenience.
Please note that delivery times are estimates and not guaranteed. We are not liable for any delays caused by circumstances beyond Our control. Information regarding shipping delays will be communicated via email.
Lost or Damaged Packages
If Your package is lost or damaged, please contact Us at [email protected] to initiate a claim. We will make reasonable efforts to replace lost or damaged items. If a replacement cannot be provided, We will work with You to find an acceptable solution.
Special Shipping Requests
Special shipping options, such as signature upon delivery, may be requested by contacting Us at [email protected]. While We cannot guarantee all requests will be honored, We will consider each request individually.
Contact Information
For any questions or concerns regarding Your Order or shipment, please contact Us at [email protected].
Return and Refund Policy
In Short: We accept returns under certain conditions, but some products may be non-refundable.
Eligibility for Returns
We accept returns of most products within 30 days of delivery, provided the items are in their original condition. To be eligible for a return, Your item must be unused, in the same condition that You received it, and in its original packaging.
Non-Returnable Items:
Certain items cannot be returned, including:
- Personalized or customized products
- Discounted or sale items
- Digital products such as downloadable patterns
Return Process
To initiate a return, please contact us at [email protected] with Your order number and the reason for the return. We will provide You with instructions on how to send Your item back to us. The customer is responsible for covering return shipping costs unless the item arrived damaged or defective.
Refunds
Once Your return is received and inspected, we will notify You of the approval or rejection of Your refund. If approved, Your refund will be processed, and a credit will automatically be applied to Your original method of payment within 7-10 business days.
Late or Missing Refunds:
If You haven’t received a refund after 10 business days, please first check Your bank account and contact Your credit card provider, as it may take additional time before Your refund is officially posted. If You’ve done all this and still have not received Your refund, please contact us at [email protected].
Exchanges
We only replace items if they are defective or damaged. If You need to exchange an item for the same product, please contact us at [email protected].
Shipping Costs for Returns
If the item is being returned for reasons unrelated to defects or damages, You will be responsible for paying the shipping costs for returning Your item. Shipping costs are non-refundable.
Order Cancellation
Cancellation by Us
We reserve the right to refuse or cancel Your Order at any time for reasons including, but not limited to:
- Goods availability
- Errors in the description or prices of Goods
- Errors in Your Order
- Suspected fraud or unauthorized or illegal transactions
If We cancel Your Order, We will notify You promptly and provide a full refund if payment has been made.
Your Order Cancellation Rights
You may cancel Your Order in accordance with these Terms and Our Returns Policy. To be eligible for a refund, Goods must be returned in the same condition as received, including all packaging, instructions, and documents. Goods that are damaged or not in their original condition may not be eligible for a refund.
We will process Your refund no later than 14 days from receiving the returned Goods. Refunds will be made using the same payment method as the original Order, and You will not incur any fees for the refund.
Certain Goods are non-cancellable, including:
- Goods made to Your specifications or clearly personalized
- Goods that deteriorate rapidly or have expired
- Goods that are unsealed after delivery and are not suitable for return due to health protection or hygiene reasons
- Goods that are, after delivery, inseparably mixed with other items
- Digital content not supplied on a tangible medium, if performance has begun with Your prior consent
Prices, Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, inaccurately described, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other websites.
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise prices at any time before accepting an Order. After accepting an Order, prices may be adjusted due to factors outside Our control, such as changes in customs duties, increased shipping charges, or currency fluctuations. In such cases, You will have the right to cancel Your Order.
Payments and Refunds
Payments
All Goods must be paid for in full at the time of purchase. Depending on the subscription plan You select, a commitment period (e.g., 3, 6, or 12 months) may apply. We do not offer payment plans; all payments must be made upfront. Accepted payment methods include Visa, MasterCard, Affinity Card, American Express, and online payment methods such as PayPal. Please note that We do not accept prepaid credit cards.
Payment cards are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Payment Security
We are committed to protecting Your personal information. All payments are processed through secure, encrypted connections using SSL (Secure Socket Layer) technology. We use trusted third-party payment processors to ensure Your payment details are handled safely and securely. We do not store or have access to Your full payment information.
Refunds
Except when required by law, paid Subscription fees are generally non-refundable. However, if Your subscription renews and You contact Us before Your package ships, We will provide a full refund for that renewal. Other refund requests will be considered on a case-by-case basis and granted at the sole discretion of the Company.
Subscriptions
Subscription Renewal
All subscriptions automatically renew at the end of each period (1, 3, 6, or 12 months) unless canceled before the renewal date. Renewals are charged at the standard rate, and any promotional codes or discounts applied at signup will not carry over to Your renewal.
If You do not wish to renew, You must cancel before the renewal date. If Your subscription renews and You contact Us before Your package ships, We will provide a full refund for that renewal.
Subscription Cancellations
- Month-to-Month Subscriptions: You may cancel a month-to-month subscription at any time without a fee. No refunds will be provided for the current period, but You will retain access until the end of the subscription term.
- Fixed-Term Subscriptions (3, 6, or 12 Months): Fixed-term subscriptions require a commitment for the entire term. If You cancel early, a cancellation fee will apply. This fee is based on the discount received compared to the month-to-month rate and will not exceed $80. For prepaid subscriptions, any refund will equal the total purchase price minus the boxes received, calculated at the month-to-month rate.
Initial Discounts
Initial discounts at signup require completion of the full term. If You cancel early, You will be charged a cancellation fee (up to $80) to cover the difference between the discounted and month-to-month rates for any boxes already received.
How to Cancel
You can set Your subscription to cancel through Your account area at any time. This will stop future renewals after Your current commitment period (e.g., 3, 6, or 12 months) is complete. For early cancellation of a fixed-term subscription, please email Us at [email protected] to learn about the applicable fees.
Important Note
We do not offer ‘free’ or ‘$1 trials’ unless explicitly stated. Month-to-month subscriptions may be canceled after the first box, but 3, 6, or 12-month commitments must be completed to prevent promotional abuse.
Promotions and Coupon Codes
Promotions
Any Promotions made available through the Service may be subject to additional rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules, as well as Our Privacy Policy. If there is a conflict between the Promotion rules and these Terms, the Promotion rules will apply.
Coupon Codes
The Company may issue coupon codes for digital or physical products. Coupon codes are for single-use redemption and are non-transferable without written permission from the Company. If You have questions about coupon codes, please contact Us at [email protected].
User Accounts
When You create an account with Us, You must provide accurate, complete, and up-to-date information at all times. Failure to do so may result in the immediate termination of Your account on Our Service.
You are responsible for maintaining the confidentiality of Your password and for any activities or actions under Your password, whether it is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Use of Customer Data
By using the Service, You agree that We may use Your personal data for marketing purposes, including email newsletters, promotions, and targeted ads, as described in Our Privacy Policy. You can withdraw consent for marketing communications at any time by following the opt-out instructions provided in such communications or by contacting Us directly at [email protected].
We do not sell, trade, or share Your email address or personal data with third parties for their own marketing purposes without Your explicit consent.
Intellectual Property and Feedback
Intellectual Property
The Service and all original content, features, and functionality (excluding content provided by You or other users) are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Feedback
By submitting Feedback, suggestions, or ideas to the Company, You grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and otherwise exploit such Feedback without restriction. This helps Us improve our Service and develop new features.
Digital Content Use
All digital content provided by the Company, including but not limited to video tutorials, instructions, and downloadable materials, is for Your personal use only. You may not share, distribute, reproduce, or create derivative works from any digital content provided by the Company unless such content has been publicly posted by Us first or you receive explicit written permission from us to do so.
Unauthorized use or sharing of Our digital content is strictly prohibited and may result in termination of access to the Service and/or legal action. If You have any questions regarding acceptable use of Our digital content, please contact Us at [email protected].
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. This includes links provided for redeeming coupon codes for patterns or products from third-party designers. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of these third-party websites or services.
By using these links, You acknowledge that any transactions or interactions on these third-party websites are solely between You and the third party. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your account immediately, without prior notice or liability, for any reason, including, but not limited to, if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.
All provisions of these Terms and Conditions that, by their nature, should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability and Disclaimer
Customer Responsibility Clause
Customers are responsible for ensuring that the products, tools, and materials purchased from the Company are suitable for their intended use. This includes reviewing product descriptions, specifications, and safety instructions provided. The Company is not liable for any misuse, accidents, or injuries resulting from the use of any products supplied, including but not limited to sewing tools, needles, scissors, or other materials.
By purchasing and using Our products, You acknowledge that You have the necessary skills and understanding to use them safely and effectively.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Company is not liable for any injuries, damages, or losses resulting from the use of any products, tools, or materials provided in Our subscription boxes or purchased through Our Service. This includes, but is not limited to, injuries resulting from the use of sewing tools, needles, scissors, or other supplies, and any harm that may occur while following Our tutorials, instructions, or videos. By using the products and materials provided, You assume all risks associated with their use.
The Company’s total liability to You for all claims arising out of or relating to these Terms or the Service will not exceed the amount paid by You, if any, to the Company for the Service.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no representation that the Service will meet Your requirements, be uninterrupted, error-free, or that any errors or defects will be corrected.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on consumer rights, so some exclusions and limitations may not apply to You. In such cases, the exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.
Governing Law and Dispute Resolution
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Iowa, United States, without regard to its conflict of law provisions.
If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company at [email protected]. If a resolution cannot be reached, any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in Iowa, United States.
By using the Service, You consent to the jurisdiction of these courts and waive any objection to such venue, including any claims that the forum is inconvenient.
Severability and Waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of the original provision to the fullest extent possible under applicable law. All remaining provisions will continue in full force and effect.
Waiver
The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter. A waiver of any breach shall not constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right to modify or replace these Terms at any time, at Our sole discretion. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use the Service after any revisions become effective, You agree to be bound by the updated Terms. If You do not agree to the new terms, please stop using the Service.
Accessibility Statement
We are committed to ensuring that our website is accessible to all users, including those with disabilities. We strive to meet the accessibility standards set by the Web Content Accessibility Guidelines (WCAG) to provide a positive user experience for everyone.
If You experience any difficulty accessing any part of Our website or have any suggestions on how We can improve accessibility, please contact Us at [email protected]. We will make every reasonable effort to address Your concerns and enhance the accessibility of Our Service.
Contact Us
If You have any questions or concerns about these Terms and Conditions, You can contact us at:
- Email: [email protected]
- Mail: PrecutPak LLC (dba IndieStitch)
605 G Ave NW
Suite 200
Cedar Rapids, IA 52411
United States