Kimberly Roy Bespoke Creations (KRBC)
Terms of Service
Overview
Welcome to Kimberly Roy Bespoke Creations. The terms "we," "us," and "our" refer to Kimberly Roy Bespoke Creations, a handmade jewelry business based in Douglassville, Berks County, Pennsylvania.
Kimberly Roy Bespoke Creations operates this online store and website, including all related information, content, features, tools, products, and services, in order to provide customers with a curated shopping experience,
collectively referred to as the "Services."
These Terms of Service, together with any policies referenced in them, including our Privacy Policy, Refund Policy, and Shipping Policy, describe your rights and responsibilities when you visit, interact with, or make purchases through our Services.
Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, order
terms, shipping terms, and dispute-related provisions.
By visiting, using, browsing, interacting with, or purchasing from our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
Section 1 — Access and Account
By using the Services, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority and have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use certain parts of the Services, including placing an order, you may be asked to provide information such as your name, email address, billing
address, shipping address, and payment information.
You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide it. You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.
We reserve the right to refuse service, terminate accounts, cancel orders, or restrict access to the Services if we believe these Terms have been violated or if activity appears fraudulent, abusive, unlawful, or harmful to Kimberly Roy Bespoke Creations or other customers.
Section 2 — Our Products
Kimberly Roy Bespoke Creations offers handcrafted one-of-a-kind jewelry and gifts, which may include wire-woven and wire-wrapped designs, metal beads, natural stone beads, natural stones, semi-precious stones, wood, and related jewelry materials.
Because our products are handmade, each piece may include slight variations in color, texture, shape, size, wirework, stone pattern, bead placement, or finish. These variations are not defects; they are part of the handmade nature of the product.
We make every reasonable effort to display product colors, dimensions, materials, and details accurately. However, product appearance may vary depending on your device screen, lighting, display settings, photography conditions, and natural variations in materials. We do not guarantee that the appearance, color, size, texture, or quality of a product will exactly match what appears on your screen or meet your subjective expectations.
All product descriptions, pricing, availability, and images are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We may limit product quantities, refuse sales, or restrict purchases by person, household, geographic region, or jurisdiction at our sole discretion, where permitted by law.
Section 3 — Custom Orders
Kimberly Roy Bespoke Creations is accepting custom orders.
All products currently offered for sale are ready-made, one-of-a-kind and part of existing Kimberly Roy Bespoke Creations collections.
1. Ordering, Materials, & Payments
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Non-Refundable Deposit: All custom projects require a 50% non-refundable deposit (or full payment upfront, depending on the project scope) before any design work begins or materials are sourced.
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Quotes & Estimates: Price quotes provided during consultation are valid for 14 days. Prices may fluctuate afterward based on the market cost of precious metals and gemstones.
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Final Payment: The remaining 50% balance plus shipping costs must be paid in full within 7 business days of receiving photos of the completed piece. Wrapped items will not ship until the final balance clears.
2. Design Consultation & Revisions
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Handmade Variance: Every piece of wire-wrapped jewelry is sculpted by hand. Because metals and gemstones have natural variations, the final piece will have organic qualities and unique characteristics. It cannot perfectly replicate a past piece or a temporary sketch.
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Approval Process: The Artist will share photos of the selected cabochon/stone and initial layout concept. Once you approve these elements, the design is locked.
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Revision Limits: Up to two (2) minor adjustments can be requested during the creation process (such as tweaking a bail or adjusting loop symmetry, if structurally possible). Major design changes requested after wirework has begun will incur an additional labor or material fee.
3. Sizing & Fit Responsibility
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Client Measurements: The Client is entirely responsible for providing accurate sizes (e.g., ring sizes, chain lengths and pendant size).
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Resizing Policy: Due to the intricate, woven nature of wire wrapping, resizing completed pieces is rarely possible without completely dismantling the artwork. If a piece requires resizing or rebuilding due to inaccurate information provided by the Client, a rebuilding fee will apply. This would include all new materials cost and time - including time to dismantle and re-create.
4. Client-Provided Stones (If Applicable)
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Risk & Liability: If you are supplying your own cabochon, crystal, or heirloom stone for a custom wrap, it is accepted entirely at your own risk. The Artist exercises extreme care, but natural stones can have hidden inclusions, stress fractures, or structural weaknesses that may cause them to chip or crack under the physical pressure required to wrap metal wire securely. The Artist is not responsible for replacement costs if a client-provided stone breaks during the wrapping process.
5. Fulfillment, Shipping, & Damage
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Production Timeline: Standard turnaround time for custom orders is typically 3-4 weeks from the date the deposit is paid, unless otherwise discussed.
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Shipping: All custom orders are shipped with full tracking and insurance.
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Shipping Issues: If an item arrives damaged from transit, you must contact the Artist within 24 hours of delivery with clear photos of the packaging and the jewelry so an insurance claim can be opened.
6. Cancellation & Return Policy
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Final Sale: Because custom items are explicitly crafted to individual specifications, all custom orders are final sale. They are not eligible for returns, refunds, or exchanges.
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Cancellation: If you choose to cancel your order before completion, the initial 50% deposit remains non-refundable to cover the Artist’s spent labor, design time, and reserved materials.
7. Jewelry Care & Longevity
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Natural Oxidation: Please note that raw, unsealed metals (such as copper or sterling silver) will naturally oxidize (tarnish) over time due to exposure to air, moisture, and skin oils. This is a normal chemical process, not a defect.
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Proper Wear: Wire-wrapped jewelry is fine wearable art and must be treated with care. Avoid wearing your piece while swimming, showering, sleeping, exercising, or applying lotions and perfumes. Never clean wire-wrapped pieces in harsh chemical dips or ultrasonic cleaners, as this can permanently ruin delicate stones.
Section 4 — Orders
When you place an order through the Services, you are making an offer to purchase the selected product or products.
Kimberly Roy Bespoke Creations reserves the right to accept, decline, modify, or cancel any order for any lawful reason, including but not limited to product unavailability, suspected fraud, pricing errors, incorrect product information, payment issues, shipping restrictions, or violation of these Terms.
Your order is not accepted until we confirm acceptance and process payment.
Please review your order carefully before submitting it. Once an order has been accepted or processed, we may be unable to accommodate changes or cancellation requests.
If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.
Your purchases are subject to our Refund Policy and Shipping Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale, export, or unauthorized distribution.
Section 5 — Prices, Billing, and Taxes
Prices, discounts, promotions, and availability are subject to change without notice.
The price charged for a product will be the price in effect at the time your order is placed and will be shown in your order confirmation.
Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, or other charges.
Kimberly Roy Bespoke Creations currently sells and ships only within the United States. International sales and international shipping are not available at this time.
You agree to provide current, complete, and accurate purchase, billing, payment, and account information for all purchases.
You agree to promptly update your account and payment information, including your email address, billing address, shipping address, credit card information, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that:
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The payment information you provide is true, correct, and complete.
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You are authorized to use the payment method provided.
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Charges you incur will be honored by your payment provider.
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You will pay all charges incurred by you at the listed prices, including shipping charges and applicable taxes.
Section 6 — Shipping and Delivery
Kimberly Roy Bespoke Creations ships to addresses within the United States only.
International shipping is not available.
Orders of $50 or more qualify for free standard shipping. Orders under $50 ship for a flat rate of $5.
Orders typically ship within 1–2 business days from the date of purchase.
Orders do not ship on Sundays or postal holidays.
The estimated U.S. delivery time is generally 3–5 business days after shipment. Delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, weather, holidays, incorrect addresses, mail disruptions, natural disasters, public emergencies, or other events outside our control.
If we are unable to ship your order within the stated processing time, we will contact you with an updated shipping estimate. If the delay is beyond the originally stated shipping timeframe, you may choose to accept the delay or cancel the order for a refund if the order has not yet shipped, consistent with applicable FTC online-order rules. (Federal Trade Commission)
Once an order is delivered to the shipping address provided at checkout, Kimberly Roy Bespoke Creations is not responsible for any theft, loss, or damage that occurs after delivery.
Please ensure that your shipping address is accurate before placing your order. Kimberly Roy Bespoke Creations is not responsible for orders delayed, lost, mis-delivered, or returned due to incorrect or incomplete shipping information provided by the customer.
If an order is returned to us because of an incorrect or incomplete address, the customer may be responsible for additional shipping costs to resend the package.
Section 7 — Returns, Refunds, and Cancellations
Returns and refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.
All Sales are Final and Kimberly Roy Bespoke Creations does not accept returns.
Orders that have already shipped cannot be canceled.
Maryland regulations treat failure to clearly communicate refund and exchange policies as potentially unfair or deceptive, so customers should review the Refund Policy before making a purchase. (Legal Information Institute)
Section 8 — Jewelry Care and Use
Kimberly Roy Bespoke Creations jewelry is handmade and should be handled with care.
Jewelry may include copper, sterling silver, stone beads, natural stones, semi-precious stones, and other materials. These materials may naturally tarnish, darken, patina, fade, scratch, or change appearance over time depending on wear, storage, moisture, skin chemistry, cleaning products, and exposure to air, sunlight, water, perfumes, lotions, oils, or chemicals.
To help preserve your jewelry, avoid wearing it while showering, swimming, sleeping, exercising, cleaning, or applying perfume, lotion, hairspray, or cosmetics.
Kimberly Roy Bespoke Creations is not responsible for damage caused by improper care, misuse, accidents, exposure to water or chemicals, excessive force, improper storage, or normal wear and tear.
Jewelry may contain small parts and is not intended for children. Kimberly Roy Bespoke Creations products are not toys and should be kept away from young children and pets.
Section 9 — Intellectual Property
The Services, including but not limited to our business name, logos, product names, product designs, jewelry designs, text, graphics, images, photographs, videos, website layout, product descriptions, branding, slogans, and overall design, are owned by Kimberly Roy Bespoke Creations or its licensors and are protected by copyright, trademark, trade dress, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only.
You may not copy, reproduce, distribute, modify, publish, display, perform, transmit, download, store, scrape, reverse engineer, or create derivative works from any part of the Services without our prior written consent.
You may not use Kimberly Roy Bespoke Creations, logo, product names, images, jewelry designs, branding, or slogans without prior written permission.
All rights not expressly granted are reserved by Kimberly Roy Bespoke Creations.
All other trademarks appearing through the Services are the property of their respective owners.
Section 10 — Optional Tools
We may provide access to third-party tools, applications, plug-ins, integrations, or features as part of the Services.
We do not monitor, control, or guarantee third-party tools. You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind.
Your use of optional third-party tools is entirely at your own risk and discretion. You should review and understand the terms and policies of any third-party provider before using those tools.
We may offer new features, tools, or resources through the Services in the future. Such new features will also be subject to these Terms.
Section 11 — Third-Party Links
The Services may contain links to websites, materials, tools, or services operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, security, practices, policies, or availability of third-party websites or services.
If you access third-party websites or services, you do so at your own risk.
We are not liable for any harm, loss, damage, or claims related to your access to or use of third-party websites, products, services, resources, or content.
Questions or complaints about third-party products or services should be directed to the third party.
Section 12 — Feedback, Reviews, and Submissions
If you submit, upload, post, email, tag, message, or otherwise transmit any ideas, suggestions, feedback, reviews, photos, testimonials, proposals, comments, or other content relating to Kimberly Roy Bespoke Creations or the Services, collectively “Feedback,” you grant Kimberly Roy Bespoke Creations a perpetual, worldwide, sub-licensable, royalty-free license to use, reproduce, modify, publish, distribute, display, promote, and create derivative works from that Feedback in any medium for any lawful business purpose.
This may include using reviews, testimonials, tagged social media content, or customer comments to operate, improve, promote, and market Kimberly Roy Bespoke Creations.
You represent and warrant that:
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You own or have the necessary rights to submit the Feedback.
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Your Feedback does not violate any third-party rights.
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Your Feedback is truthful and not misleading.
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You have disclosed any compensation, discount, gift, or incentive received in connection with your Feedback, where required by law.
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Your Feedback does not contain unlawful, abusive, obscene, defamatory, threatening, harassing, or malicious content.
We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, respond to Feedback, or display Feedback.
We may monitor, edit, refuse, or remove Feedback at our sole discretion.
Section 13 — Errors, Inaccuracies, and Omissions
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or product details.
We reserve the right to correct errors, inaccuracies, or omissions and to change, update, or cancel orders if any information on the Services is inaccurate at any time, including after you have submitted an order.
We are not required to honor incorrect pricing or product information caused by typographical errors, technical errors, system errors, or other mistakes, where permitted by law.
Section 14 — Prohibited Uses
You may use the Services only for lawful purposes.
You may not use the Services:
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For any unlawful, fraudulent, abusive, or malicious purpose.
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To violate any federal, state, local, or international law, rule, regulation, or ordinance.
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To infringe upon our intellectual property rights or the rights of others.
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To harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate against any person.
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To submit false, misleading, or inaccurate information.
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To upload or transmit viruses, malware, or harmful code.
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To send spam, phishing attempts, chain letters, or unauthorized advertising.
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To impersonate another person or entity.
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To interfere with the security, operation, or availability of the Services.
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To scrape, crawl, copy, extract, harvest, or collect content or data from the Services without permission.
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To use bots, automated tools, artificial intelligence agents, scripts, spiders, or data extraction tools without authorization.
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To bypass security features, access controls, CAPTCHAs, robots.txt instructions, or other restrictions.
We reserve the right to suspend, restrict, or terminate your access to the Services if we believe you have violated these Terms.
Section 15 — Agents and Automated Access
This section applies if you use, allow, enable, or cause any automated tool, bot, crawler, scraper, artificial intelligence tool, or autonomous or semi-autonomous software service, collectively an “Agent,” to access, use, or interact with the Services.
No Agent may access or interact with the Services unless it clearly identifies itself and complies with all technical, legal, and access restrictions we provide.
Agents must not:
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Conceal or misrepresent their automated nature.
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Mimic human behavior to avoid detection.
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Circumvent CAPTCHAs or security measures.
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Ignore robots.txt, access-control headers, rate limits, or other restrictions.
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Scrape, copy, collect, or reuse content, product information, images, designs, or customer data without written permission.
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Burden, disrupt, or interfere with the Services.
We reserve the right to block, limit, restrict, or terminate access by any Agent at any time.
Section 16 — Termination
We may terminate these Terms or suspend, restrict, or terminate your access to the Services at any time, without notice, where permitted by law.
You remain responsible for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Errors/Inaccuracies/Omissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Severability, Waiver, Entire Agreement, Assignment, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 17 — Disclaimer of Warranties
The Services and all content provided through the Services are made available for general informational and shopping purposes only.
We do not warrant that the Services will be uninterrupted, timely, secure, accurate, complete, or error-free.
Except as expressly stated by Kimberly Roy Bespoke Creations, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied.
To the fullest extent permitted by law, Kimberly Roy Bespoke Creations disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms is intended to limit rights that cannot be limited under applicable law.
Some jurisdictions do not allow limitations on implied warranties, so some of these disclaimers may not apply to you.
Section 18 — Limitation of Liability
To the fullest extent permitted by law, Kimberly Roy Bespoke Creations and its owners, employees, contractors, service providers, partners, affiliates, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, business interruption, replacement costs, personal injury arising from misuse, or similar damages arising from your use of the Services or products purchased through the Services.
To the fullest extent permitted by law, Kimberly Roy Bespoke Creation’s total liability for any claim arising out of or relating to the Services or products purchased through the Services shall not exceed the amount you paid for the product giving rise to the claim.
This limitation applies whether the claim is based in contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
Section 19 — Indemnification
You agree to indemnify, defend, and hold harmless Kimberly Roy Bespoke Creations, and our respective affiliates, owners, employees, contractors, service providers, licensors, and partners from any losses, damages, liabilities, claims, demands, judgments, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to:
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Your breach of these Terms.
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Your violation of any law or regulation.
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Your violation of any third-party rights.
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Your misuse of the Services.
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Your Feedback or submissions.
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Your unauthorized use of our intellectual property.
We will make reasonable efforts to notify you of any indemnifiable claim. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of any claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.
Section 20 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law.
The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will remain valid and enforceable.
Section 21 — Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies posted on the Services, including our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Kimberly Roy Bespoke Creations regarding your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and Kimberly Roy Bespoke Creations.
Any ambiguities in these Terms shall not be construed against the drafting party.
Section 22 — Assignment
You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, where permitted by law.
Section 23 — Governing Law and Venue
These Terms and any separate agreements through which Kimberly Roy Bespoke Creations provides Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to conflict-of-law principles.
To the fullest extent permitted by law, you and Kimberly Roy Bespoke Creations agree that any dispute, claim, or legal proceeding arising out of or relating to these Terms, the Services, or purchases from Kimberly Roy Bespoke Creations shall be brought in the state or federal courts located in Berks County, Pennsylvania, or the federal district court serving that jurisdiction.
You and Kimberly Roy Bespoke Creations consent to personal jurisdiction and venue in those courts.
Nothing in this section limits rights that cannot be waived under applicable consumer protection law.
Section 24 — Headings
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
Section 25 — Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates on our website.
It is your responsibility to check this page periodically for changes.
If we make material changes, we will provide notice as required by applicable law.
Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
Section 26 — Contact Information
Questions about these Terms of Service should be sent to:
Kimberly Roy Bespoke Creations
Email: kimberly@opentoflourish.com
Business phone number: 360-791-0231
Tax/VAT number: Not applicable — U.S. domestic sales only
