Studio DIY and studiodiy.com Terms of Purchase

TERMS AND CONDITIONS OF PURCHASE

All online shopping transactions with Studio DIY, LLC (“Studio DIY”) are subject to the following Terms and Conditions of Purchase (“Terms”), which contain important information about ordering order(s), payment and delivery. Studio DIY 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 DIY site; consequently, customers should consult the Terms regularly.


ACCESS AND USE OF
STUDIO DIY’s ONLINE STORE

The Studio DIY online store is only available to online customers who meet Studio DIY’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 DIY 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 DIY website to end-user Customers only and may not be bought for re-sale. Consequently, Studio DIY reserves the right to refuse orders placed by Customers who breach this condition. In order to make purchases through the Studio DIY website, you will be required to create an account and to provide certain information so that Studio DIY 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 DIY. If you choose not to complete all mandatory fields, Studio DIY 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 DIY 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

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.

Orders for subscription items (such as "Can't Clutch This") may be created by clicking the "Subscribe" button one time below the picture. Each month thereafter, an order will be automatically generated for you. On the first month of your subscription, your card will be charged immediately. In following months, your card will be charged on the 20th of the month unless otherwise stated on the subscription details page. If you wish to cancel, please see restrictions below on "Cancellation of a Subscription". 


PAYMENT

Studio DIY 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.

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 DIY, Studio DIY will not be able to process your order and a message will appear informing you that the transaction cannot be processed.

Studio DIY and its e-commerce partners will employ all reasonable care to ensure that details of your order and payment are held securely; however, Studio DIY 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 DIY website, unless such loss is caused by Studio DIY’s gross negligence or willful act.

Studio DIY is compliant with the Payment Card Industry (PCI) Security Council standards. All credit card information is housed on a secure website separate from http://shop.studiodiy.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 DIY DBA Inked Brands Inc. Inked Brands Inc is the merchant of record on all transactions completed on shop.studiodiy.com.

PRE-ORDERS

Studio DIY will sometimes allow customers to pre-order items with a future release date. If you pre-order an item using a credit card, it may or may not be charged until the item is released and available for you to view. Products available for pre-order on http://shop.studiodiy.com will be stated upfront whether there is a deposit (full or partial). Pre-orders which have a deposit will be charged to your card immediately. Pre-orders which do not have a deposit will be charged to your card once the content becomes available. If at any time there is ambiguity about the deposit amount, please contact Studio DIY customer service.

FAILED PAYMENTS

Before an order can be fulfilled/shipped, payment for all items including shipping must be completed. If your payment fails for any reason, we will be unable to fulfill/ship your order.


PRICING

All products sold on the online Studio DIY store are subject to periodic changes in pricing at Studio DIY’s sole discretion.

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

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 DIY will treat lost packages the same as it treats damaged packages, which is discussed under the following heading.

DAMAGED ITEMS

Studio DIY takes care in packaging every order. Despite this care, damage occasionally occurs during shipping. If your order 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 item(s) at no extra charge. If your item(s) 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.

MODIFICATIONS & CHANGES

The Site, Content, availability and access and all other features, attributes or aspects of the Site are subject to change, modification, additions or deletions at any time without notice in Studio DIY’s sole discretion.

WARRANTY DISCLAIMER

Studio DIY CONTENT, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Studio DIY CONTENT.

TERMINATION

Studio DIY may terminate your use of the Products or Site immediately without notice for any breach by you of these Terms or any of Studio DIY’s applicable policies, as posted on the Site from time to time. Studio DIY may discontinue offering any Product or Content at any time. You may terminate your use of the Site or the Products or Content at any time, either by ceasing to access them, or by contacting Studio DIY.

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. This administrative blackout period occurs monthly from the 16th of the month to the 20th of the month, but is subject to change without notification. 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 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 DIY 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 DIY website is copyrighted to Studio DIY 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 DIY designs are original artwork created and trademarked by Studio DIY. Studio DIY 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 DIY 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 DIY be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Studio DIY has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Studio DIY 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 DIY’s liability shall in no event exceed the total value of all orders placed and paid for with Studio DIY 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.