TERMS & CONDITIONS

Because you have purchased a pattern from me as a “service” you are now bound by the terms and conditions (“Terms of service”/“Terms”) of use for my patterns. These terms apply to everyone who purchases an item from me whether a physical or digital sale.

During anytime it is important to understand that I reserve the right to update, alter or change any part of these terms of service at anytime. You being a purchaser, it is your responsibility to assess my terms of service periodically for any changes. Your use of my embroidery patterns whether for commercial or personal use warrants acceptance of all updates at any time to my terms and conditions. 

General

Visiting my website for goods whether physical or digital you are understanding that I have the right to refuse service to anyone for any reason at anytime.

You are accepting and agreeing that the term used throughout as “Pattern” correlates with a physical (drawn pattern) or digital (embroidery pattern/file).

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You also are accepting and agreeing that the term used throughout as “Re-selling, duplicating, exploiting” my patterns goes against all terms of service whether physically or digitally in nature. 

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Under no circumstances do I allow the re-selling of my patterns/designs. This includes any alterations made to my own pattern lines/designs/files. By purchasing my pattern you are bound to this agreement to not redistribute my electronic files to others or edit my files for others. You may edit files/patterns for your own purposes including your own shop but may not edit my files for others to use as you then are transferring my electronic files to another user. This goes against my terms of service as you digitally are exploiting my patterns. 

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Unless written permission is given by myself, you therefore are agreeing not to reproduce, duplicate, copy, sell, resell or exploit any portion of my patterns whether physical or digital. 

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Selling Goods

Any and all patterns purchased from me (Physical or digital) may be sold on a small scale basis (eg. markets, online shop, etc). 

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At no time may my patterns (Physical or Digital) be exploited to a mass marketing company to reproduce products on a larger scale. By purchasing my patterns you are bound to this agreement to not share any of my services with these third party companies. These services include patterns physical or digital as well as all embroidery I digitize and release. 

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If you choose to sell goods made with my patterns you are agreeing that I have no affiliation with the quality, durability or safety of your goods that you reproduced using my own patterns. Therefore safety requirements for selling your goods is not applicable to myself as the pattern creator. You are agreeing that if selling goods from my patterns to anyone, that you understand and accept the toy safety laws in your country.

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Refunds

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All refunds are made on a case-by-case bases and are subject to the entire Terms and Conditions fo this written document. Any and all digital immediate downloadable patterns/files are not applicable at anytime for a refund due to their immediate access and digital nature. 

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If you have previously purchased a pattern (digital or physical) and accidentally purchased it twice I will consider trading with a Digital or physical good of equal or lesser amount. If physical good requires shipping upon trading you agree to pay shipping promptly in a timely manner. 

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Any physical commissioned services or physical retail services are final sale. No refunds will be accepted on these once they are shipped via Canada Post. 

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Commissioning Service

This document outlines all information that is pertinent to you (client) commissioning me (artist) to hand create, machine sew and assemble a physical commissioned service for you or digital commission service.

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As a client you agree and understand that the phrase “Handmade” includes but is not limited to: hand sewn, hand cut, hand assembled, machine sewn by hand, stuffed by hand, machine embroidery details by hand. The phrase “Handmade” in my Terms and Conditions is used so that the Client is in agreement that any physical good received from me is NOT produced in a factory setting.  

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My Terms are created below to ensure both parties (client & artist) are happy with the end outcomes and legally bound to such Terms.

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All Commissioned Services on my website are listed in CAN (Canadian Currency). I do not work in other currencies for individual plush commissions. As a client you are accepting of all charges to your debit, credit or Paypal account in this currency.   

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Commissioning a service from me (artist) to you (client), you are in agreement that if a refund is needed at ANY point in the commissioned service that $50 CAN is non-refundable.

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Expanding on the previous point I also have the right to refuse a full refund if your commissioned service is 80% completed. You are agreeing and accepting these Terms of Service once payment has been received either through debit, credit or PayPal. 

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As a client commissioning me you are bound and agree to the understanding that no work will begin on your commissioned service by myself as the artist until payment is received in full amount disclosed and agreed upon between both parties (Artist and Client).

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Payment Options

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If Payment Plans are requested, I the artist will offer these if necessary. My Payment plans are as follows and you agree to these Terms:

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• Payment plans to me (Artist) are valid up to  a total of 1 month (30 calendar days) not extending over 1 month of the date the commission service is taken on between both parties (Artist and Client). The client is in agreement that they may make payments whenever they would like up until the 1 month payment plan cut off.

• If client is unable to make full payment to me (artist) after 30 Calendar days they will automatically receive a refund. If applicable as stated in earlier Terms, $50CAN will be non-refundable UNLESS item was already created and sold as a finished product. If product was sold as a finished product requiring a payment plan, failure to complete payment plan in 30 calendar days will result in a FULL refund of complete amount already paid. Item is then subject to be resold. 

• All payment plans are subject to go through PayPal. Clients agree to receiving an electronic invoice for their Commissioned Service that allows payment of any amount until agreed upon Commission Service Price is completed. 

• All Payments through Paypal regardless of if payment plan is warranted or not by Client will be completed through PayPal Goods and Service. As a client commissioning artist you are agreeing to these Terms. Friends and Family via PayPal will not be offered since it has NO protection for you the client. 

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Age

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If a Commission Service is agreed upon between me (Artist) and you (client), you are acknowledging that you’ve understood I do not sell commissioned services to anyone under the age of 16 years.

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Furthermore you are bound in agreement and understanding that any physical commissioned service from me (artist) is handmade and NOT intended for young children. As per my entire Terms of Service you are withdrawing any claims or legal action towards me as the artist of your commissioned service. You agree that I am not to be held accountable or responsible if any harm occurs surrounding my physical commissioned service. This includes but is not limited to: giving my commissioned service to a baby/toddler/child unsupervised, pulling on hand sewn pieces aggressively, damaging commissioned service in any way allowing stuffing or poly pellets to spill out, machine washing plush causing damage, etc.

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Fabric

All my physically commissioned services are made exclusively with minky fabric which is a polyfiber base. This fabric is a plush fabric that has a soft pile and is often used for baby items. It comes in a vast array of colors.

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If faux fur is requested for your commissioned service you are in agreement that any quotes are applicable to change as I have to import faux fur from the USA. As a client you are understanding and agreeing that faux fur is a fake fur that is man made with a very long pile length. Under no circumstances will I work with real fur bearing animals for my physical commissioned services. 

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All Physical Commissioned services are stuffed with high grade store purchased, clean and new poly fill stuffing. Weighted pellets are an option that you (Client) can request. If Weighted pellets are requested/used you are acknowledging and understanding that they can be a choking hazard. Weighted pellets are sourced and purchased from legally owned businesses and are clean, new and free of debris. They are plastic in nature.  

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Shipping

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As a Client commissioning me (artist) a physical service you agree and understand that any shipping issues after the commissioned good leaves my hands is out of my control. Shipping companies can have their own service delays, duties/taxes charged to buyer upon import or damage to parcel. 

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If you (client) agree to a physical commissioned service from me (artist) then you are agreeing and bound to my shipping terms and prices listed:

• All physical commissioned services or Retail services are shipped via Canada post with $100 insurance + a tracking number. You (client) can always request in writing to me (artist) to increase insurance on your package for an added cost. This agreement will only be enforced when written agreement between both parties is complete.

• Shipping prices range from $20-30 CAN for plushies and are based on size + weight. Those prices are for Canada and US buyers.

• International buyers range from $30-65.00 CAN depending on destination location. 

• Most physical commissioned services are packaged and shipped in recycled boxes. If physical commissioned service is small (8” or less) you are agreeing to more economical packaging of a bubble polymailer.  

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Time

If you (client) are commissioning me (artist) for a handmade service you are acknowledging and agreeing that your commissioned piece could take up to 6 months to complete and ship as the longest timeframe. Handmade services do take longer and you are in agreement to not file any claims against myself (artist) up to or until 6 months have passed since our original commission was agreed upon. 

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In an event that you do want to file a claim with me (artist) 6 months post payment of handmade Commissioned service you are bound previously to non-refundable $50CAN as outlined under “Payment Options” in the entire Terms and Conditions. 

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Refunds will be subject to individual cases and you acknowledge that as an independent artist I have the right to refuse a refund if I feel conditions do not warrant such including but not limited to the conditions discussed under “payment options”. 

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Ownership and Copyright

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Me - Carly Brooks (Sweetstitches Plushies) retains all intellectual property rights (Copyright, Trademark rights, etc) for all my Original Characters and Pattern designs.

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Furthermore I claim the right to my original characters and character interpretations and do not want to see them reproduced anywhere else. All of my creations are protected by Copyright law. I do NOT claim the rights to characters that are based on video games, movies, anime, cartoons. Credit to the original artist will always be given for Fanart characters. I refuse to create original characters that do not belong to the commissioner unless the owner of the original character sends me their written consent that is signed as well as dated. 

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Entire Agreement

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Failure to adhere and follow my Terms and Conditions as written in the above details can and will be subject to legal actions. You are bound to these Terms of Service and any policies/rules posted by myself with respect to the entire agreement as well as understanding between you and I and govern your use of the service. These current Terms and Conditions supersede any prior agreements whether written or oral between you and I - Including, but not limited to, any prior versions of the Terms and Conditions created. 

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Law

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These Terms and Conditions - including if I provide you separate services such as but not limited to (eg. Physical Plush Commission service, commissioned Digital or Physical pattern, commissioned digitizing files)  shall be governed by and construed in accordance with the laws of Canada. 

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Changes to Terms and Conditions

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The most current version of my Terms and Conditions is available at anytime on my own website. I reserve the right, at my own discretion, to alter, update, change or replace any part of these Terms. It is your legal responsibility to assess periodically for any updates or changes. Your continued use of patterns created by myself, whether physical or digital, are subject  to these Terms with the understanding that the Terms and Conditions can be altered at anytime. 

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Contact Information

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Any questions around the Terms and Conditions as outlined in this document should be sent to myself at the following address: www.sweetstitches2423707@gmail.com">www.sweetstitches2423707@gmail.com