Studio Calico and Studiocalico.com Terms and Conditions of Purchase

All online shopping transactions with Studio Calico, LLC (“Studio Calico”) are subject to the following Terms and Conditions of Purchase (“Terms”), which contain important information about ordering order(s), payment and delivery. Studio Calico may review these Terms from time to time. The modified Terms will take effect for all online customers for orders placed on or after the date they are the posted on the Studio Calico site; consequently customers should consult the Terms regularly.


Access and Use of Studio Calico’s Online Store

The Studio Calico online store is only available to online customers who meet Studio Calico’s terms of eligibility, in particular, individuals who are over 18, have been issued with a valid payment card by a reputable bank, and who have agreed and authorize Studio Calico to process a charge or charges on their payment card in the amount of the total purchase price for the products they choose to purchase. Full Terms of Use are available on the website.


Creating Your Account

To place an order, you must be over 18 and lawfully capable of entering into and forming a valid contract in accordance with applicable law. Products are exclusively available for sale through the Studio Calico website to end-user Customers only and may not be bought for re-sale. Consequently Studio Calico reserves the right to refuse orders placed by Customers who breach this condition. In order to make purchases through the Studio Calico website, you will be required to create an account and to provide certain information so that Studio Calico may process your Order, including your name, delivery address, telephone number, product selections, and payment card details (“Personal Information”). You represent and warrant that the information provided by you is both valid and correct. Any of the Personal Information provided by you is done so with your knowledge, full authorization, and consent when ordering items or registering for other services provided by Studio Calico. If you choose not to complete all mandatory fields, Studio Calico may not be able to fulfill your Order, respond to your request, or activate your option choices. Upon registration, you will be sent an e-mail providing a link for you to click to activate your account. You further represent and warrant that the data you provide will not contain any computer viruses, macro viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data, or personal information; nor will such data cause the Studio Calico online store to be interrupted, damaged, rendered less efficient, or in any other way compromised such that the effectiveness or functionality of this website is in any way impaired.


Placing Your Order

Kits are posted at 12:00 pm EST on the 1st day of each month. At that time, all kits and add-ons are available for purchase while supplies last. Upon sell-out, there will not be a link to purchase. Subscribers to the monthly kits are able to order their add-ons from 12:00 pm EST on the 1st through 11:59 pm EST on the 5th .

Once you have chosen a product, click one time on the “Add to Cart” button below the picture. You can continue browsing and add as many items to your cart as you wish. You can monitor the products you have chosen by clicking on the shopping cart button at any time. You can also remove an article by clicking on the X to the far right of the item. Each time the X is clicked, one unit will be removed. When you are ready and have reviewed your order, proceed to checkout and follow the instructions. You will be required to enter your payment details. Follow the instructions to proceed with checkout and place your order.


Payment

Studio Calico accepts the following major payment cards only: Visa, Mastercard, American Express, Discover, JCB, and Diners Club cards. Debit cards that are backed by any of the above-listed cards are also accepted. Your card will be billed immediately for all first-time purchases, including subscriptions, single-kit purchases, and add-ons. For subscribers, your card will be billed on the first day of each month on an ongoing basis.

You are responsible for confirming that you are the legitimate holder of the credit/debit card and that your details are correct. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Studio Calico, Studio Calico will not be able to process your order and a message will appear informing you that the transaction cannot be processed.

Studio Calico and its e-commerce partners will employ all reasonable care to ensure that details of your order and payment are held securely; however, Studio Calico cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Studio Calico website, unless such loss is caused by Studio Calico’s gross negligence or willful act.

Studio Calico is compliant with the Payment Card Industry (PCI) Security Council standards. All credit card information is housed on a secure website separate from studiocalico.com.

The Company uses a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By buying or selling on the Company Properties, you agree to be bound by such third-party service provider’s privacy policy and hereby consent and authorize the Company and the third party service provider to share any information and payment instructions you provide with third party such payment provider to the minimum extent required to complete your transactions. Charges on your credit card statement will appear as Studio Calico DBA Inked Brands Inc. Inked Brands Inc is the merchant of record on all transactions completed on www.studiocalico.com.


Failed Payments

Before an order can be shipped, payment for all items including shipping must be completed. If your payment fails for any reason, we will be unable to ship your order. Additionally, on bundled subscription orders which contain multiple orders, shipping costs will not be determined until the end of the bundling period and your bundled order is completed. If your final payment which includes the kit subscription and shipping fails, we will be unable to ship your order. Any successful payments towards your bundled subscription order may be converted to merchandise certificates which are redeemable within 365 days from the date of issue.


Pricing

All products sold on the online Studio Calico store are subject to periodic changes in pricing at Studio Calico's sole discretion including subscription kits. If pricing changes are announced for subscription kits, reasonable accommodation will be made for subscribers with remaining commitment to honor their previous subscription price. This accommodation may be made through the use of refunds or discounts on their remaining subscription orders for their current commitment.

Shipping and Handling Shipping rates vary by service type, weight/size of order, and dollar amount of order. Refer to the Checkout page for accurate shipping and handling amounts.

For subscribers, kits will be shipped by the tenth day of the month, provided that the order and payment was received by the fifth day of the same month. Packages are deemed “lost” after 45 days from the shipment date. Singapore and Malaysia have a special exemption of 60 days, and Brazil has a 120-day exemption. Packages are not considered “lost” until after the posted date. Studio Calico will treat lost packages the same as it treats damaged packages, which is discussed under the following heading.

For subscribers, your add-ons will automatically bundle with your monthly kit if selected between the 1st and the 5th of the month.


Damaged Items

Studio Calico takes care in packaging every kit. Despite this care, damage occasionally occurs during shipping. If your kit arrives damaged, please start a conversation with us within 10 days of receipt of the item. We may request additional information in order to process a claim with UPS. Once we receive the requested documentation, arrangements will be made to replace the damaged kit at no extra charge. If your kit is no longer available, a refund in the form of in-store credit will be issued.


Return Policy

Please review all items carefully before a purchase is made, as all sales are final. Please review all items in your cart, as well as all completed orders (which are listed on your dashboard), as these terms apply to duplicate items as well.

Cancellation of Subscription

To cancel a subscription, you must start a conversation via the “Contact Us” page. There will be a $15.00 fee charged at the time of cancellation if subscription is cancelled during our administrative blackout period between the 25th and the 5th day of the month. For subscriptions with a six month or twelve month commitment, you will be charged 50% of your remaining commitment at the time of cancellation. Subscriptions to kits are not interchangeable.

If subscription prices change during your commitment, you will not be subject to the new cancellation amounts or policy but will be subject to the terms applicable at the time you placed or renewed/converted your subscription.

Governing Law

These Terms and Conditions of Purchase are entered into in the State of Kentucky and shall be governed by and construed in accordance with the laws of the State of Kentucky, exclusive of its choice of law rules. Each party to any sales transaction with Studio Calico submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Warren in the State of Kentucky, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Intellectual Property

Material published on the Studio Calico website is copyrighted to Studio Calico or its licensors/vendors. All rights reserved. All third-party trademarks are the property of their respective owners. For additional information, please consult the website Terms of Use.

Angel Policy

All Studio Calico designs are original artwork created and trademarked by Studio Calico. Studio Calico products are for personal and non-commercial use only. However, customers may use our products to produce creations which can be sold in limited quantities. Such limited commercial use of our designs and products are subject to the following terms and conditions:

1. Quantities are limited to projects that are of a limited scope, local in nature, and do not constitute an ongoing business.

2. Whenever possible, credit must be given to Studio Calico for the designs and products used in such creations.

3. End users are limited to 50 such creations per year that are intended for limited commercial use.

Limitation of Liability

Except where prohibited by law, in no event will Studio Calico be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Studio Calico has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Studio Calico is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Studio Calico’s liability shall in no event exceed the total value of all orders placed and paid for with Studio Calico through the website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. For additional information, please consult the website Terms of Use.