TERMS OF SERVICE

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OVERVIEW

This website is operated by Kelly Keepsakes. Throughout the site, the terms “I”, “my”, and “me” refer to Kelly Keepsakes. Kelly Keepsakes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting my site and/ or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.   ​Any new descriptions, images, products, price and availability of any products, features, service, or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Kelly Keepsakes reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. 

GENERAL CONDITIONS

Kelly Keepsakes reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me. The headings used in this agreement

are included for convenience only and will not limit or otherwise affect these Terms.

PAYMENT TERMS AND PRICES

Kelly Keepsakes reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  You agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes. Payments will be made in terms of US currency value. Payment terms will be via online credit/debit card transactions via Paypal, our official merchant of payments, or unless otherwise stated.

ABOUT YOUR CONTENT

You may provide me with content to design your keepsake in formats that meet my specifications and requirements as necessary. Content in the form of design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Service.

By providing content to me you certify that the content does not infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights. You certify that the content does not contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes. If any content you submit violates these restrictions Kelly Keepsakes is not liable and you will take sole responsibility of submitting such content. Kelly Keepsakes is not responsible for the content you submit and reserves the right to move, refuse to print and delete submissions that Kelly Keepsakes believed to be as described in this paragraph. In addition, you undertake that you will be liable for any action taken against Kelly

Keepsakes in relation to such activities and will fully indemnify Kelly Keepsakes against all actions, claims, demands or costs which may arise as a result.

You acknowledge and agree that any content you provide may be printed, published, copied, customized or removed for the purposes of delivering the Services. In addition, the content you provide may be used for advertising purposes by Kelly Keepsakes. Kelly Keepsakes may not store your content, order information such as delivery, payment and billing data. I recommend that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Kelly Keepsakes reserve the right

to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

DELIVERY OF PRODUCTS

All products will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Products may be loss

in the delivery process through mailing in which Kelly Keepsakes is not responsible. All products are mailed with a tracking number. If the tracking states that the mailed items are delivered it is up to you to contact the mail service if you have any issues.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Kelly Keepsakes does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Kelly Keepsakes does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that

from time to time Kelly Keepsakes may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided as is; and as available; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kelly Keepsakes, the owner, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental

damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

RETURN POLICY

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Refunds are available at any time before proofs are submitted to you. Kelly Keepsakes does not send your keepsake to be printd until you have approved the proofs. In the proofing stage of your keepsake you are responsible for finalizing a design you authorize for print. Kelly Keepsakes is

not responsible for customer errors, mistakes, or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, and ordering errors. Upon your approval Kelly Keepsakes will print your keepsake as it is designed. Once your approval is received Kelly Keepsakes will not accept any amendments or changes to the design.

Kelly Keepsakes is the designer of your keepsake and the actual execution of manufacturing your product is through a third party. If your product has a workmanship defect, is damaged during shipping, or the product does not match the ordered item it is up to the decision of the manufacture to issue a replacement product. In a case of a defect send an email to keepit@kellykeepsakes.com with your name, order number, description of the defect, and photos of the defect within 7 days of receiving your order. Kelly Keepsakes will not be held responsible for defect products beyond 7 days of receiving your order.

 

PRIVACY STATEMENT

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When you place an order with Kelly Keepsakes, as part of the buying and selling process, Kelly Keepsakes collects the personal information you give me such as your name, address and email address. I may subscribe you to my emailed newsletter about Kelly Keepsakes and subjects related to my services and products. If you would like to unsubscribe you can do so at any time.

Once you submit your personal information and content permission is then granted to Kelly Keepsakes and those associated with it produce your product and reserve the right to use your keepsake design, or any part thereof for marketing and promotional purposes. Kelly Keepsakes may disclose your personal information if I am required by law to do so or if you violate our Terms.

Kelly Keepsakes uses third party services for payment, manufacturing, shipping and hosting this site. In general, the third-party providers will have access to your personal information and may use it within the terms of their own privacy policies in respect to the information I am required to

provide to them for your purchase-related transactions.

Kelly Keepsakes reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

If you would like to have correct or delete any personal information Kelly Keepsakes has about you please send a request to keepit@kellykeepsakes.com