Terms and Conditions
This page was last changed on September 19, 2024, last checked on September 19, 2024, and applies to citizens and legal permanent residents of the United States.
By accessing or using our website, https://pendress.com and/or purchasing our products, you agree to comply with and be legally bound by the following Terms and Conditions. This agreement is made between you as an individual or on behalf of an entity (“you”) and Pendress (“Pendress”, “we”, “us”, or “our”). This includes the access to and use of the Pendress website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Please read these Terms carefully. If you do not agree with any part of these Terms, please stop using this Site immediately. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all the Terms and Conditions.
1. Acceptance of Terms
By accessing the Site and/or placing an order, you confirm that you are at least 18 years old and/or have permission from a legal guardian and are not using the Site for any illegal purposes. If you are accessing the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We reserve the right to make changes or modifications to these Terms and Conditions at any time for any reason. You will be made aware of any changes at the top of this document with an updated effective date, which we shall update every time a change has been made. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and Conditions by your continued use of the Site after the date such revisions are posted.
3. Products and Orders
3.1 Description of Products: We make every effort to accurately display and describe our products on our Site. However, we do not warrant that product descriptions or other content on the Site will always be accurate, complete, reliable, or error-free due to variables out of our control and/or human error. If such variables interfere with your purchase and you are unsatisfied, please reach out to the contact information below and we will do our best to rectify the situation; however, we are under no legal obligation to do so, and as such, at our sole discretion, not all requests will be fulfilled.
3.2 Orders: By placing an order through our Site, you agree to pay the purchase price for the products in your order and any applicable taxes and shipping fees. We reserve the right to refuse or cancel any order at our sole discretion.
3.3 Products: We reserve the right to discontinue any products at any time for any reason, and prices for all products are subject to change.
4. Payment
All payments made through our Site are processed securely. By providing your payment information, you authorize us to charge you for your order. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) used to place the order, and we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You agree to provide current, complete, and accurate purchase and contact information for all purchases made via the Site. You further agree to promptly update all information necessary to legally complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us, and you will have to pay it at checkout before an order can be processed. We may change prices at any time. All payments shall be in U.S. dollars.
We reserve the right to refuse an order placed through the Site at any time and at our sole discretion.
5. Delivery Policy
We aim to deliver your products promptly; however, delivery times may vary based on several factors. You should receive a confirmation email with tracking details once your order has been shipped and/or an email with the download link for any downloadable products. If there are any issues with this process, please contact us using the information below and we will do our best to rectify the situation promptly.
6. Returns and Refunds
6.1 Digital Patterns: Due to the nature of digital products, all sales of downloadable sewing patterns, embroidery files, and/or laser engraving files, are final and non-refundable. Please carefully review your order before completing your purchase.
6.2 Physical Products: At this point in time we do not sell any physical products nor take custom orders. Should this change in the future, the updated returns and refunds policy can be found here.
7. Intellectual Property
Unless otherwise indicated, all content on this Site, including text, graphics, images, code, databases, software, website designs, audio, video, and products, (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) is the property of, controlled by, or licensed to Pendress and is protected by copyright, trademark, and other intellectual property laws. As such, you may not use, copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, create derivative works, or otherwise exploit our Content for any commercial purpose whatsoever without our express written permission. If you wish to receive said permission, please contact us using the information provided below.
8. User Representations
By using the Site, you are warranting:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and update such registration information as necessary
- You have the legal capacity, and you agree to these Terms and Conditions
- You are not under the age of 18 or have received parental permission to use the Site
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
9. User Registration
If you create an account on our Site, you are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately of any unauthorized use of your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We also reserve the right to remove any comments for the same reasons at our sole discretion. You are free to delete your account at any time by going to Delete Account under the My Account tab or by contacting us using the information below.
10. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. By using this Site, you agree not to engage in any of the following prohibited activities while using the Site or purchasing products:
10.1 Illegal Activities: Engaging in any conduct that violates applicable local, state, national, or international laws or regulations.
10.2 Fraudulent Activities: Providing false information during the account registration process, making unauthorized charges to your payment method, or attempting to deceive or defraud us or other users.
10.3 Unauthorized Use: Using the Site for any purpose that is illegal, unauthorized, or not specifically allowed under these Terms, including but not limited to accessing, tampering with, or using non-public areas of the Site, our computer systems, or the technical delivery systems of our providers.
10.4 Disruption of Services: Interfering with or disrupting any server, network, or infrastructure connected to the Site, or violating the regulations, policies, or procedures of any networks connected to the Site.
10.5 Data Mining or Scraping: Engaging in any data mining, scraping, or similar activities to collect information from the Site without our express written permission.
10.6 Distribution of Malware: Uploading, posting, or transmitting viruses, Trojan horses, worms, or any other malicious code that may harm the Site, other users, or any systems or networks.
10.7 Harassment: Engaging in any form of harassment, bullying, or threatening behavior towards other users and/or employees, including but not limited to sending spam, advertisements, or excessive communications.
10.8 Misrepresentation: Misrepresenting your identity or affiliation with any person or entity, impersonating any person or entity, or falsely stating or misrepresenting your association with any individual or entity.
10.9 Reselling Products: Reselling, redistributing, or otherwise making our products available for commercial purposes without our express written consent.
10.10 Facilitation of Prohibited Activities: Aiding, encouraging, or enabling any third party to engage in any of the prohibited activities listed in this section.
Violations of this section may result in immediate termination of your account or access to the Site, as well as potential legal action. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.
11. User Generated Contributions
11.1 Definition: User-generated content includes any content, materials, or information that you, as a user, submit, upload, post, or otherwise make available on or through our Site (collectively referred to as “Contributions”). This may include comments, reviews, designs, photos, videos, or any other contributions.
11.2 Ownership of Contributions: You retain all rights to any Contributions that you submit. However, by submitting Contributions, you grant Pendress a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions throughout the world in any media.
11.3 Responsibility for Contributions: You are solely responsible for any Contributions you submit to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pendress to use your Contributions as described in these Terms. You further represent that your Contributions do not violate the rights of any third party, including intellectual property rights, privacy rights, or any other legal rights.
11.4 Prohibited Contributions: You agree not to submit any Contributions that:
- Is unlawful, defamatory, obscene, harmful, threatening, harassing, abusive, or otherwise objectionable
- Infringes upon the intellectual property rights or privacy rights of any third party
- Is unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
- Contains viruses, malware, or any other harmful code or content
- Violates any applicable laws or regulations
11.5 Monitoring and Removal: We reserve the right, but not the obligation, to monitor, review, and remove any Contributions at our sole discretion, for any reason, without notice, including but not limited to content that we believe violates these Terms, is objectionable, or violates any laws or regulations.
11.6 Feedback: If you provide us with any feedback, suggestions, or ideas regarding our Site or products, you grant us the right to use such feedback without any obligation to you, and we may use it for any purpose, including improving our products and services.
11.7 No Confidentiality: Any Contributions you provide to us will not be considered confidential or proprietary. You acknowledge that we may share or disclose Contributions in compliance with our Privacy Policy or as required by law.
11.8 Indemnification: You agree to indemnify and hold Pendress, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney fees) arising out of or related to any Contributions you submit to the Site.
12. Privacy Policy
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into the Terms and Conditions. Please review our Privacy Policy here: https://pendress.com/privacy-statement/.
13. Terms and Termination
13.1 Terms: These Terms and Conditions will remain in effect and binding for as long as you use the Site or engage in any transactions with Pendress. Your acceptance of these Terms is ongoing and will apply to any future use of the Site unless modified.
13.2 Termination by You: You may terminate your account at any time by contacting us using the contact information below or by going to Delete Account under the My Account tab. Upon termination, you will lose access to your account and any associated content. You remain responsible for any transactions made prior to the termination.
13.3 Termination by Us: We reserve the right to suspend or terminate your access to the Site, your account, and your ability to make purchases at any time and for any reason, including but not limited to:
- Violation of these Terms and Conditions
- Engaging in conduct that we believe is harmful or detrimental to Pendress, other users, or any third parties
- Failure to pay for purchases or any outstanding fees
- Engaging in activities that are illegal or prohibited by these Terms
13.4 Effect of Termination: Upon termination of your account or access to the Site:
- All rights granted to you under these Terms shall cease immediately.
- You will lose all access to your account, including any Contributions you have submitted.
- Any outstanding obligations or liabilities incurred prior to termination will remain in effect.
- You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.5 Survival: All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.6 Modifications to Terms: We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will notify you by posting the revised Terms on the Site and updating the effective date. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.
13.7 Disputes Post-Termination: Any disputes arising from your use of the Site or these Terms will be governed by the dispute resolution provisions set forth in Section 15. Dispute Resolution and Governing Law of these Terms, even after termination.
14. Modifications and Interruptions
14.1 Modifications to the Site: We reserve the right to modify, update, or discontinue the Site, or any part of it, at any time and without notice. This includes but is not limited to changes to the products, services, features, functions, and availability of the Site. We strive to provide accurate and up-to-date information; however, we cannot guarantee that all information on the Site is complete, current, or free of errors.
14.3 Interruptions and Downtime: We may experience interruptions, outages, or disruptions in the availability of the Site for various reasons, including maintenance, updates, or technical issues. While we strive to minimize such interruptions, we cannot guarantee that the Site will be uninterrupted or error-free. Pendress shall not be liable for any loss, injury, damage, or inconvenience resulting from interruptions to the Site.
14.5 Notification of Changes: In the event of significant changes to the Site or these Terms, we may provide notice through the Site or via email. It is your responsibility to monitor the Site for any changes or updates to these Terms.
14.6 Acknowledgment: By using the Site, you acknowledge and agree that Pendress has no obligation to provide any specific features, functionalities, or content, and that any modifications or interruptions may result in the temporary or permanent unavailability of certain features or functionalities.
15. Dispute Resolution and Governing Law
15.1 General: Any disputes arising from or relating to these Terms and Conditions, your use of our services, or any transactions conducted through our services (collectively, “Disputes”) will be resolved in accordance with this Dispute Resolution section.
15.2 Informal Resolution: Before initiating any formal legal proceedings, you agree to try to resolve any Dispute informally. Please contact us using the contact information below to discuss the Dispute. We may agree to resolve the Dispute through informal negotiation, and if a resolution is reached, both parties shall document the agreement in writing.
15.3 Binding Arbitration: If we cannot resolve the Dispute informally, you and Pendress agree to resolve the Dispute through binding arbitration rather than in court. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or any other mutually agreed-upon arbitration organization. The arbitration shall be conducted by a single arbitrator and will take place in Ohio, unless otherwise agreed.
15.4 Arbitration Procedures:
- Any arbitration must be initiated within one year after the date the Dispute arises, or the Dispute will be permanently barred.
- The arbitrator will have the authority to award any relief that you or Pendress would be entitled to in a court of law.
- The arbitrator’s decisions will be final and binding on both parties.
15.5 Waiver of Class Action and Jury Trial: You and Pendress agree that any Dispute arising under this Agreement will be conducted on an individual basis. You agree that you will not bring a class action or representative action against us, and you waive your right to a jury trial in any Dispute.
15.6 Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
15.7 Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Should legal action be necessary despite previous clauses, you agree that any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Ohio.
15.8 International Use: If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms and Conditions shall be interpreted in accordance with the laws of the United States and the State of Ohio.
15.9 Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
15.10 Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Pendress and govern your use of the Site, superseding any prior agreements between you and Pendress.
16. Disclaimer
The site is provided on an as-is and as-available basis. You agree that the use of the Site services will be at your sole risk. We make no warranties or representations about the accuracy or completeness of the Site’s content. We will assume no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content and materials
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- any interruption or cessation of transmission to or from the Site
- any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party
- any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services through any medium or in any environment.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Pendress and its officers, directors, employees, agents, affiliates, and licensors (collectively, “Affiliates”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising out of or in connection with the use of, or inability to use, our services, products, or website, even if Pendress has been advised of the possibility of such damages.
17.1 Maximum Liability: In no event shall Pendress’ total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for using our services in the twelve (12) months preceding the event giving rise to the liability.
17.2 Release: By using our services, you release Pendress and its Affiliates from any and all claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your use of our services.
17.3 Severability: If any provision of this Limited Liability section is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
18. Indemnification
You agree to defend, indemnify, and hold harmless Pendress and its Affiliates from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of this Site or any violation of these Terms.
19. Electronic Communications, Transactions, and Signatures
19.1 Electronic Communications: By using our services, you consent to receive communications from us electronically. We will communicate with you via email, messages within our services, or other means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically will satisfy any legal requirement that such communications be made in writing.
19.2 Transactions and Orders: By placing an order or engaging in transactions through our services, you acknowledge that you are entering into a legally binding agreement. All transactions concluded electronically shall be deemed to have been concluded at the time when you receive an electronic confirmation from us, confirming that your order has been successfully received and processed.
19.3 Electronic Signatures: You acknowledge and agree that any electronic signatures, whether digital or encrypted, that you provide while using our services will have the same effect as an original handwritten signature. You agree that all electronic authorizations and signatures you provide in relation to our services are valid, binding, and enforceable.
19.4 Record Keeping: We may maintain records of all electronic communications, transactions, and signatures. You acknowledge that it is your responsibility to maintain a copy of any electronic communications for your own records. We will not be responsible for any failure to fulfill consented transactions due to your failure to retain records or provide accurate information.
19.5 Changes to Communication Preferences: You may update your preferences for receiving electronic communications at any time by following the instructions provided in such communications or by contacting us directly. However, please note that certain essential communications may be necessary for the fulfillment of your transactions, and opting out of these communications may affect your ability to use our services.
20. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site.
You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto execute these Terms and Conditions.
21. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Pendress
Website: https://pendress.com
Email: pendressdesigns@gmail.com