Terms & Conditions
Welcome to Embroithree (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of embroithree.com (the “Website”) and any products or services we make available, including digital embroidery files, physical products, and custom orders (collectively, the “Services”). By accessing or using the Website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
1) Company & Contact Information
- Business name: Embroithree
- Email: embroithree@gmail.com
- Address: Chintamani Vihar, near Vijay Sales, Tirupathi Nagar Phase 2, Virar West 401303, Maharashtra, India
- Phone/WhatsApp: +91 9567248017
2) Eligibility & Account
- You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
- Certain features may require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- We may refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, where permitted by law.
3) Products, Digital Files & Custom Orders
- Product Descriptions: We strive to describe products accurately, but minor variations in color, size, or appearance may occur due to device settings, thread/fabric variations, or production tolerances.
- Digital Embroidery Files: Unless otherwise stated on a specific product page, embroidery design files are provided for personal use only and are non-transferable. You may not share, resell, sublicense, gift, upload, or distribute the files in any form. Converting or altering a file does not grant ownership or rights to resell or share it.
- Commercial Use: If a design includes a commercial-use license (as explicitly stated on the product page), you may use the design to create finished physical items for sale in the permitted quantities and channels. The license never permits resale, sharing, or distribution of the digital file itself.
- Compatibility: Check your machine/file-format compatibility before purchase (e.g., DST, PES, JEF, EXP, VP3, XXX, etc.). If unsure, contact us before buying.
- Custom Orders: For custom digitizing or bespoke products, we may provide proofs for approval. Production begins after written approval and receipt of payment as instructed. Turnaround times are estimates.
4) Pricing, Payments & Taxes
- Prices are listed in the currency shown on the Website and may change without notice prior to purchase.
- We accept the payment methods shown at checkout. By submitting payment information, you represent that you are authorized to use the selected method and authorize us to charge the total order amount (including applicable taxes, fees, and shipping, if any).
- Prices are exclusive of any duties, levies, or import taxes. Customers are responsible for complying with local tax laws and for any additional charges imposed by carriers or customs.
5) Orders, Shipping & Delivery
- Digital Downloads: After successful payment, download links or account access will be provided as described on the Website or in your order confirmation. Keep a backup copy; we are not responsible for loss of files after delivery.
- Physical Goods (if offered): Shipping fees, methods, and estimated delivery times are displayed at checkout. Delivery timelines are estimates and may vary due to carrier delays or events beyond our control. Title and risk of loss transfer to you upon our handover to the carrier.
- Order Changes/Cancellation: We may accept changes or cancellations before fulfillment at our discretion. Custom orders may not be cancelable after artwork approval.
6) Refunds & Returns
- Digital Products: Due to the nature of downloadable files, all sales are final and non-refundable once a download link is issued or the file is delivered, except where required by law. If you experience a technical issue with a file, contact us within 3 days and we will attempt to assist or replace the file.
- Physical Products (if offered): Returns or exchanges may be accepted for unused, undamaged items in original packaging within the return window stated on the Website or invoice. You must obtain return authorization before shipping items back. Custom or personalized items are generally not returnable unless defective upon arrival.
7) Intellectual Property & License
- All content on the Website—including but not limited to designs, files, images, text, logos, graphics, and software—is owned by Embroithree or our licensors and is protected by applicable intellectual property laws.
- Purchasing a digital design grants you a limited, revocable, non-exclusive, non-transferable license to use the file only as expressly permitted in these Terms and on the product page. No rights are granted to resell, share, or redistribute the file or any derivative digital file.
- You may not claim our designs as your own, remove copyright notices, or use our trademarks without prior written permission.
8) User Content & Reviews
- If you submit reviews, images, or other content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, and display such content in connection with our Services and marketing, in accordance with applicable laws and our Privacy Policy. You represent that you own or have the necessary rights to any content you submit and that it does not infringe third-party rights.
9) Acceptable Use
You agree not to:
- Violate any applicable law or regulation;
- Infringe the intellectual property or privacy rights of others;
- Upload malware or attempt to interfere with the Website’s security or performance;
- Use automated means (bots, scrapers) to access the Website without our prior written consent;
- Misrepresent your identity or affiliation.
10) Third-Party Services & Links
The Website may include links to third-party sites or services. We are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms and privacy policies.
11) Warranties, Disclaimers & Limitation of Liability
- AS IS / AS AVAILABLE: The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- No Guarantee: We do not warrant that files will meet your requirements or that the Website will be uninterrupted, error-free, or secure.
- Limitation of Liability: To the fullest extent permitted by law, Embroithree and its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities arising from your use of the Services. Our total liability for any claim shall not exceed the amount you paid for the product or service giving rise to the claim during the 3 months preceding the event.
12) Indemnity
You agree to indemnify, defend, and hold harmless Embroithree and our affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms or your misuse of the Services.
13) Privacy & Cookies
Your use of the Website is also governed by our Privacy Policy and Cookie Notice, which explain how we collect, use, and share information. If these documents are not yet published, please contact us for details. By using the Website, you consent to our data practices as described therein.
14) Copyright/DMCA Complaints
If you believe that content on the Website infringes your copyright, please email embroithree@gmail.com with: (a) identification of the copyrighted work; (b) the URL or location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement that the information is accurate and that you are authorized to act on behalf of the owner.
15) Changes to the Terms
We may update these Terms from time to time. Changes take effect when posted on the Website with a revised “Last updated” date. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
16) Governing Law & Jurisdiction
These Terms are governed by the laws of India. You agree to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, for any disputes arising out of or relating to these Terms or the Services, except where local law provides otherwise.
17) Contact Us
For any questions, support, or legal notices, please contact:
Embroithree
Chintamani Vihar, near Vijay Sales, Tirupathi Nagar Phase 2, Virar West 401303, Maharashtra, India
Email: embroithree@gmail.com
Phone/WhatsApp: +91 9567248017
Note: This document is a general template for small creative/digital-goods businesses and may need tailoring based on your specific products, refund windows, licensing terms, and local compliance requirements (e.g., e-commerce, consumer protection, and data privacy laws). Consider having it reviewed by a qualified legal professional.