Terms & Conditions
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
ALL ONLINE TRANSACTIONS AND SALES ARE SOLD THROUGH Cre8iveskill.com BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN EMBROIDERY DESIGNS ' INVOICE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Cre8iveskill.com HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
When I agree to this, I am authorizing Cre8iveskills.com to charge payments via my debit/credit card, and/or allow my bank to deduct any payment(s) from my current or savings account on the designated payment date(s) indicated as above.
Vital information on Terms and Conditions of Sale via Cre8iveskill.com
Our terms and conditions of sale is a binding contract between you (the customer) and Cre8iveskill.com. Once a purchase is made, or order is placed on our website Cre8iveskill.com (the ‘Site’) the customer accepts these terms and conditions as defined in this page. We hold the rights to change the terms and conditions without any prior notice, except the conditions on the site at the time of sale by the customer initially places or modified that will govern the order.
The terms and conditions laid down encompass the binding agreement between Cre8iveskill.com and the customer with regards to the terms and conditions of sale of product or service on Cre8iveskill.com. The customer affirms that they will receive an electronic record, which will be provided via a web browser or the registered e-mail id.
Customers can request a purchase order for administrative purposes only. Other than these, any terms and conditions expressed in such purchase orders will be considered null and void. Additional or different terms and conditions contained in any such purchase order will be null and void. The customer agrees that the terms and conditions of sale contained herein and in Cre8iveskill.com invoice or other documentation will control. No prior interaction or dealing between the parties involved and no usage of trade shall be relevant to regulate the meaning of terms and conditions of sale or any purchase order or invoice related thereto
The terms and conditions of sale and any sale carried we herewith will be under the preview of the laws of the local governing body, of the state of ‘XX’, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT in XX, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN XX AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
TITLE; RISK OF LOSS
In case the customer provides a specific carrier account number to Cre8iveskill.com, other than that used by Cre8iveskill.com for regular shipments, then title to products and risk of loss or damage during shipment doesn’t lie with Cre8iveskill.com and the customer is the customers' responsibility. For all other shipments, title to products and risk of loss or damage during shipment passes from Cre8iveskill.com to Customer upon receipt by Customer. Cre8iveskill.com holds an interest in this product with regards to security only until the payment is received in full, post which the customer will be responsible for all shipping related costs.
In case your product has been received, request you to please submit a cancellation notice not more than five days, and kindly inform our admin office at (telephone number) and notify them about a refund request. Request you to please call keeping the following information handy i.e. Date of order, order number, billing & shipping name and address. You can also email us with the request @ (email id). We will charge a 15% restocking fee to the credit card used while order placement. Please also note that the cost of the shipping of any returned product remains the responsibility of the purchaser/ buyer.
PRICING INFORMATION; AVAILABILITY DISCLAIMER
Pricing is subject to change as deemed by Cre8iveskill.com. We reserve the right to make any changes in pricing, products, services or offerings that could be due to many reasons like product unavailability, product discontinued, volatile or uncertain market scenario, error in the advertisement, but not limited to these. We accept orders based on product availability. There we cannot guarantee to fulfil all orders.
LIMITATION OF LIABILITY
NEITHER Cre8iveskill.com NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER Cre8iveskill.com NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY Cre8iveskill.com OR ITS AFFILIATES, NEITHER Cre8iveskill.com NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for delays caused in delivery due to any circumstances that are out of the purview of our control, including, but not limited to delay due to fire, problematic weather condition, product unavailability, power disruptions, labor availability issue, or others, an act of war, terrorism acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold according to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Cre8iveskill.com advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Cre8iveskill.com, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Chicago, Illinois. If arbitration is chosen by any party with respect to a Claim, neither Cre8iveskill.com nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, the Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Cre8iveskill.com arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
ACCEPTANCE OF ORDERS
When an order is placed, the purchaser has agreed upon the pricing and the current specifications mentioned on the site and hereby accepts it. The purchaser also agrees that the payment information furnished is true and accurate. Your signature below allows Cre8iveskill.com the permission to use your payment for this and additional payments for your orders. If any custom drawing is attached to the order, kindly inspect this before payment completion.
The full balance amount is due with regards to this order for all Cre8iveskill.com products and services. All items will be shipped once the entire payment has been cleared and shipping has been added to the order.
If the product has been found damaged upon delivery by the customer, we request to refuse the products upon original delivery attempt. If the damaged item has been accepted from the carrier, the damage should be recorded by the carrier. Please save the product, its original packing and immediately inform Cre8iveskill.com and arrange for inspection by a carried service along with pick up of the said product.
Kindly notify Cre8iveskill.com, you can email us [email protected] Note that this information needs to be intimated 10 days within the receipt of the damaged material. We urge this timely intimation that allows us to file a damage complaint.