Terms of use

The following Terms represent a legal contract between you and Kraftygraphy.

Kraftygraphy is the commercial name of Shades and Light SRL, CUI 35745866, J38/213/2016, located in Daesti, Fedelesoiu, Valcea, Romania, EU.

This contract sets the rights and obligations you will have when using kraftygraphy.com, so it is very important to read it all.

You need to agree to these terms in order to gain access to Kraftygraphy complete services 

such as purchasing a product, making an account or subscribing to a newsletter.

General conditions:

We reserve the right to deny services to any person at any time. For justified reasons Kraftygraphy reserves the right to restrict the access of the User / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site, his actions could harm in any way.

The personal information you provide to us at different moments will be used and stored as described in the Privacy Policy.

You must be over 18 years old to use our services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Etsy or the Services. You are responsible for any and all account activity conducted by a minor on your account.

You are responsible for keeping your account secure by not sharing the password to anyone. When choosing a password make it by combining letters, numbers and symbols so you have a strong security on your account.

Content 

Provide real information about yourself, it is prohibited by anyone to use someone else's identity, no matter if it’s a person or a company. 

You are not allowed to use a vulgar, offensive language on our website. We will delete any content or account that is vulgar and or offensive.

By posting Your Review Content you grant us permission to use it in any way, on any advertising platform, website and third party apps and websites.

 Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services.. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 When a Review / Comment / Question or Answer is having inappropriate content, from a strictly subjective perspective, this content is carefully examined by the Seller to determine whether it violates the Site Terms and Conditions. 

For notifications or complaints related to the Good and / or the Service purchased, the Buyers can contact us at paula@kraftygraphy.com or shadesandlightsrl@gmail.com The maximum term for resolving complaints or notifications is 30 calendar days from their receipt.

Intellectual property rights

You are allowed to use our products to create physical items only, such as clothing, home decoration or other physical crafts.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Kraftygraphy brand, blog, videos, photos Services and, or products in their digital form.

NO POD (print on demand) license. You can t use our designs on print on demand websites such as Printful, Printify, Spereadshirts etc. 

NO embroidery digitizing. If you intend doing so, please contact us first. These Terms don't create any agency, partnership or franchisee relationship between you and Kraftygraphy.

 We respect intellectual property, so if you think your rights were violated please do let us know and we will examine your request and remove any infringing material if there is any.

The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of Kraftygraphy, being and reserved all rights obtained for this purpose directly or indirectly (through licenses for use and / or publication).

Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by us, including any Content outside the Site, the removal of signs that signify the copyright of Kraftygraphy over the Content and participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Kraftygraphy.

 If Kraftygraphy grants the Customer / Buyer / User the right to use in the form described in a separate user agreement, certain content, to which the Customer / Buyer / User has or obtains access as a result of this agreement, this right extends only on that or those contents defined in the agreement, only during its existence or these contents on the site or the period defined in the agreement, according to the defined conditions,

 Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.

Prices

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Our prices are in $ and are with VAT tax where applicable.

Your Use of Our Services

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, if you intend selling products 

that enter under trademark infringe if you would use a saying you find on our website. It is your responsibility to verify and comply with the law in your region, country. We are not responsible for any infringements or legal actions you receive for not complying with our terms.

You are solely responsible for collecting and/or paying any applicable taxes for any purchases you make on Kraftygraphy. For digital items sold to persons in the EU, we will collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” 

For all companies that offer a VIES VAT, you need to pay your own taxes, in your country.

All the information used for the description of the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation

The Client / Buyer can place Orders on the Site, by adding the desired Goods and / or Services in the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and / or a Service is available for purchase to the extent that there is stock available for it. 

Orders

By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.

 By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:

-non-acceptance by the issuing bank of the Buyer's card, of the transaction, in case of online payment;

-invalidation of the transaction by the card processor approved by Shopify, in case of online payment;

-the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;

The Buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery. Thus, according to GEO no. 34/2014, the period of returning a Good or giving up a Service expires within 14 days from the date of receiving the product.

REFUNDS:

For DIGITAL GOODS, because of the nature of the products, they are not refundable once the files were downloaded. To be available for a refund you need not to download the files, not enter in their possession.

For personalized items, because of the nature of the products, they are not refundable, not even if you did not downloaded the files.

If the Buyer decides to withdraw from the Contract, he will be able to contact us for deleting his information and closing account.

If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned as follows:

for Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;

The seller will be able to postpone the refund until the goods are sold or until they receive proof that they have been shipped, if he has not offered to recover the goods himself (the most recent date will be taken).

If the Good is returned in a condition in which it can no longer be sold as new (open packaging, accessories missing, the Good is damaged), we reserve the right to request a fee for returning the Good to its original stage, as the case may be, or for to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will resend the Good, the delivery costs being borne by the Buyer.

Payments

We engaged third-party service providers to perform many of the services related to payment processing, including card processing, disbursements, currency exchange, identity verification, fraud analysis, and regulatory compliance.

We partner with PayPal to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you're located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Kraftygraphy reserves the right to contact you directly and to seek payment.

Kraftygraphy may share your personal or transactional information with those third-party service providers for purposes related to payments processing.

Read more about PayPal User Agreement

DELIVERY OF GOODS

Once the order is placed and the payment received usually in matter of seconds, you can download the files directly from our website and, if you provided an e-mail adress, an e-mail will be sent to you with a download link. Can also be sent on a phone number.

 

ALL OUR WORK IS ORIGINAL DESIGN CREATED BY US, AND WE TRANSFER YOU THE RIGHTS TO USE THE DESIGN FOR YOUR PERSONAL AND COMMERCIAL USE ONLY ON PHYSICAL ITEMS. YOU ARE NOT ALLOWED TO SELL, DISTRIBUTE, LICENCE, SUBLICENCE, DIGITIZE OUR DESIGNS. YOU CAN ONLY SELL THEM AS EMBROIDERY / PRINT / VINYL OR SUBLIMATION TRANSFER ON A PHYSICAL PRODUCT OR AS PAPER CUTS MADE FROM DIFFERENT MATERIALS. NOT ALLOWED FOR PRINT ON DEMAND WEBSITES.

WE DO NOT GUARANTEE THAT THE SAYINGS WE SELL ARE NOT TRADEMARKED AFTER WE CREATE THEM. IT IS YOUR RESPONSIBILITY TO VERIFY FOR TRADEMARKS ACCORDING TO THE PRODUCT CLASS YOU INTEND TO SELL BEFORE PURCHASE.

WARRANTIES. KRAFTYGRAPHY IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ETSY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL KRAFTYGRAPHY AGGREGATE LIABILITY FOR ANY DAMAGES  

Force Majeure

 Neither party will be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.

If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim damages from the other.

APPLICABLE LAW - JURISDICTION

This contract is subject to Romanian law. Any disputes between the Seller and Users / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Ramnicu Valcea, Romania.