Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Effy’s Creations Studio LLC. The terms “we,” “us,” and “our” refer to Effy’s Creations Studio LLC.

Effy’s Creations Studio LLC operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at /policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence. You also represent that you have provided any consent required to allow your minor dependents to use the Services on devices you own, purchase, or manage.

To access or use certain Services, including purchasing products from our online store, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately describe and represent our products and services. However, colors and product appearances may vary depending on your device, screen settings, lighting, and other conditions.

Many of our products are created or prepared in small batches. Minor variations in color, placement, texture, or appearance may occur and are not necessarily considered defects.

Lifestyle photographs and product mockups may include props, packaging, decorative accessories, or display items that are not included with the purchase unless specifically identified in the product title or description.

Product dimensions and capacities are approximate unless otherwise stated. Customers are responsible for reviewing the complete product description before ordering.

We do not warrant that the appearance or quality of a product will exactly match how it appears on your screen.

Product descriptions, prices, availability, and other information may be updated at any time without notice. We reserve the right to discontinue products and limit quantities offered to any person, household, organization, geographic region, or jurisdiction.

Scripture quotations and references included in a product are identified in the applicable product listing. Customers are responsible for reviewing the wording, Scripture reference, and Bible translation before approving a personalized or custom design.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Effy’s Creations Studio LLC reserves the right to accept, decline, limit, or cancel an order for any lawful reason.

An order is not accepted until we confirm acceptance and successfully process the required payment. Please review your order carefully before submitting it because we may be unable to accommodate changes or cancellation requests after production or fulfillment has begun.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy, available at /policies/refund-policy.

Personalized, custom, special-order, and bulk church or ministry orders cannot be canceled after the design or order details have been approved or production has begun.

Customers are responsible for reviewing names, dates, quantities, colors, Scripture references, Bible translations, spelling, and other personalized information before approving an order or design proof.

Personalized, custom, special-order, and bulk products are subject to the nonreturnable-item provisions of our Return and Refund Policy unless the product arrives damaged, defective, or materially different from the approved order.

Purchases may be made for personal, household, church, ministry, event, or organizational use. Products may not be purchased for unauthorized commercial resale or export unless we provide prior written approval.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed, as shown in the order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping charges, handling charges, customs fees, duties, or import charges.

Prices displayed in our online store may differ from prices offered through third-party marketplaces, physical events, custom quotes, or other sales channels.

Promotions may be governed by separate terms. If promotional terms conflict with these Terms of Service, the promotional terms will govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update information such as your email address, payment method, and billing information when necessary.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.

  2. You are authorized to use the selected payment method.

  3. Charges incurred through your order will be honored by your payment provider.

  4. You will pay all applicable charges, including product prices, shipping charges, handling charges, and taxes.

We reserve the right to correct pricing errors. If a material pricing error affects your order, we may contact you for instructions or cancel the affected order and issue an appropriate refund.

SECTION 5 – SHIPPING AND DELIVERY

Order processing and production times are separate from carrier transit times. Any processing, production, shipping, or delivery time provided is an estimate and is not guaranteed.

Custom, personalized, made-to-order, and bulk orders may require additional production time. Estimated production and delivery information will be provided in the applicable product listing, order confirmation, invoice, or custom-order communication.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect or incomplete addresses, supply interruptions, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address. Contact us promptly if you discover an address error. We cannot guarantee that an address can be changed after fulfillment has begun.

To the fullest extent permitted by applicable law, risk of loss passes to the customer when the order is delivered to the shipping address provided during checkout.

Additional information is available in our Shipping Policy at /policies/shipping-policy.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, business names, logos, text, graphics, product designs, photographs, videos, audio, digital files, website content, and the selection and arrangement thereof, are owned by or licensed to Effy’s Creations Studio LLC and are protected by applicable United States and international intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only unless a product listing or written license expressly provides otherwise.

Without our prior written permission, you may not reproduce, distribute, modify, publish, publicly display, publicly perform, republish, download, store, sell, sublicense, or transmit material from the Services except as permitted by law.

Digital products are licensed only for the personal, church, or ministry use expressly stated in the applicable product listing or license.

Unless we expressly authorize it in writing, digital files may not be resold, redistributed, shared, sublicensed, altered for resale, uploaded to sharing platforms, or used to create physical or digital products for commercial resale.

Purchase of a product does not transfer ownership of the artwork, design, photograph, digital file, trademark, copyright, or other intellectual property incorporated into that product.

Effy’s Creations Studio LLC’s business name, logos, product names, designs, and slogans may be trademarks of Effy’s Creations Studio LLC or its licensors. They may not be used without prior written permission.

Shopify’s names, logos, product names, designs, and slogans are trademarks of Shopify. All other names, logos, products, and designs are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools, features, or services offered by third parties. We do not necessarily monitor or control these third-party tools.

Access to third-party tools may be provided “as is” and “as available” without warranties, representations, endorsements, or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion. You are responsible for reviewing and agreeing to the terms and policies of the applicable third-party provider.

We may offer new tools, resources, or features through the Services in the future. Any such features will be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to, integrations with, or materials from third-party websites and services.

We are not responsible for examining or evaluating the accuracy, content, products, services, policies, security, or practices of third-party websites.

If you leave our Services to access a third-party website, you do so at your own risk.

We are not liable for harm, loss, or damages related to your access to or use of third-party websites or your purchase or use of third-party products, services, resources, or content.

Please review the policies and practices of third parties before entering into a transaction. Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Effy’s Creations Studio LLC is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly with Effy’s Creations Studio LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Effy’s Creations Studio LLC, including injury, damage, loss, or disputes resulting from products or services purchased from our store.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made with Effy’s Creations Studio LLC.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy, available at /policies/privacy-policy.

Certain personal information may also be governed by Shopify’s Privacy Policy for customers and users, available at https://www.shopify.com/legal/privacy/app-users.

Because Shopify hosts the Services, Shopify collects and processes certain information about your access to and use of the Services to operate and improve the platform.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your state, province, territory, or country of residence.

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit reviews, photographs, ideas, suggestions, feedback, proposals, plans, or other content to us (“Feedback”), you grant Effy’s Creations Studio LLC a worldwide, perpetual, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, translate, and display that Feedback in any medium for lawful business purposes.

This permission may include using Feedback to operate, evaluate, improve, and promote our Services.

You represent and warrant that:

  1. You own the Feedback or possess all rights necessary to submit it.

  2. You have disclosed any compensation or incentive received in connection with it.

  3. Your Feedback is accurate to the best of your knowledge.

  4. Your Feedback does not violate these Terms or another person’s rights.

We are not obligated to keep Feedback confidential, provide compensation for it, or respond to it.

We may monitor, edit, decline, or remove Feedback that we determine is unlawful, misleading, threatening, abusive, defamatory, obscene, infringing, or otherwise objectionable.

You may not use a false identity or email address, impersonate another person, or mislead us or others about the origin of Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, Scripture references, prices, promotions, offers, shipping charges, production times, transit times, or availability.

We reserve the right to correct errors, update information, and change or cancel an affected order if information is inaccurate, including after an order has been submitted.

If we cancel an order after payment because of an error, we will issue an appropriate refund to the original payment method.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, abusive, or malicious purpose.

  2. To violate international, federal, state, provincial, territorial, or local laws or regulations.

  3. To infringe our intellectual-property rights or the rights of another person.

  4. To harass, abuse, threaten, defame, intimidate, discriminate against, or harm another person.

  5. To submit false or misleading information.

  6. To upload or transmit material that violates these Terms.

  7. To send unsolicited advertising, spam, chain letters, or similar solicitations.

  8. To impersonate another person or organization.

  9. To interfere with another person’s access to or enjoyment of the Services.

  10. To upload viruses, malware, or other harmful code.

  11. To reproduce, duplicate, copy, extract, sell, resell, or commercially exploit the Services without authorization.

  12. To collect or track another person’s personal information unlawfully.

  13. To phish, scrape, crawl, or otherwise access the Services using unauthorized automated methods.

  14. To circumvent security, authentication, robot-exclusion, access-control, or fraud-prevention measures.

  15. To use automated tools or artificial-intelligence agents in a manner that violates these Terms or applicable law.

We may suspend, restrict, disable, or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 – AGENTS

14.1. This section applies if you use, allow, enable, or deploy an automated or semi-automated agent to access or interact with the Services. An “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or organization.

14.2. An Agent may not access or interact with the Services unless it identifies itself and complies with the requirements below. An Agent must stop accessing the Services if we request that it do so.

14.3. We may use technical or other measures to limit whether and how an Agent accesses or interacts with the Services.

14.4. An Agent must:

  1. Identify itself as an Agent in applicable HTTP or HTTPS requests and disclose the Agent’s name in its user-agent string.

  2. Not conceal that access or interactions originate from an Agent.

  3. Not mimic human activity for the purpose of avoiding detection.

  4. Not complete or circumvent CAPTCHAs or similar security measures.

  5. Respond truthfully when asked whether an interaction originates from a human or automated system.

  6. Not circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or suspend or terminate your access to all or part of the Services when permitted by law, including when we reasonably determine that you have violated these Terms.

You will remain responsible for amounts properly due through the effective date of termination.

The following provisions will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of general informational content.

Any reliance placed on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY EFFY’S CREATIONS STUDIO LLC AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS DISCLAIMER INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFFY’S CREATIONS STUDIO LLC AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY AND REGARDLESS OF WHETHER WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 – INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Effy’s Creations Studio LLC, Shopify, and their respective affiliates, partners, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

  1. Your material breach of these Terms of Service.

  2. Your violation of applicable law.

  3. Your violation of another person’s rights.

  4. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of a claim at your expense, including selecting counsel. We will not agree to a settlement requiring nonmonetary obligations from you without your consent, which will not be unreasonably withheld.

You agree to reasonably cooperate in the defense of an indemnified claim.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted through the Services constitute the entire agreement between you and Effy’s Creations Studio LLC concerning your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals concerning the Services, whether oral or written.

Ambiguities in the interpretation of these Terms will not automatically be construed against the party responsible for drafting them.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent. Any unauthorized attempted assignment will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services will be governed by the laws of the State of New Jersey and applicable federal law, without regard to conflict-of-law principles.

Subject to applicable consumer-protection laws, you and Effy’s Creations Studio LLC consent to the jurisdiction and venue of the appropriate state and federal courts located in New Jersey.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page.

We reserve the right to update, revise, or replace portions of these Terms by posting an updated version through the Services.

When required by law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or, if no date is stated, when the updated Terms are posted.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Effy’s Creations Studio LLC
Email: effyscreationsstudio@gmail.com