Terms of service

OVERVIEW

This website is operated by KG Custom Design. Throughout the website, the terms “we,” “us,” and “our” refer to KG Custom Design.

KG Custom Design provides this website, including all information, content, features, tools, products, and services available through the website, to you conditioned upon your acceptance of these Terms of Service and all other policies referenced herein.

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer and sell our products and services.

By visiting our website, purchasing from us, or otherwise using our services, you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund Policy, and Shipping Policy.

Please read these Terms carefully before using our website. If you do not agree with these Terms, you should not access the website or use our services.

SECTION 1: ELIGIBILITY AND WEBSITE USE

By using this website, you confirm that you are at least the age of majority in your state or place of residence, or that you are the age of majority and have given permission for your minor dependents to use this website.

You may use our website and products only for lawful purposes.

You may not use the website to violate any federal, state, local, or international law, including copyright, trademark, privacy, or intellectual-property laws.

You may not transmit viruses, harmful code, or any material intended to interfere with the operation or security of the website.

SECTION 2: CUSTOMER INFORMATION

You agree to provide current, complete, and accurate information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account information and password and for all activity occurring under your account.

You may not use false information, impersonate another person, or use payment information that you are not authorized to use.

SECTION 3: PRODUCTS AND PRODUCT INFORMATION

We make every effort to display product descriptions, photographs, colors, sizes, materials, and other details as accurately as possible.

However, colors may appear differently depending on your device, monitor, brightness, and screen settings.

Minor variations may occur due to the handmade and personalized nature of our products.

Product descriptions, pricing, availability, and designs may be changed or discontinued at any time without prior notice.

We reserve the right to limit the quantity of products available to any customer, household, location, or order.

SECTION 4: PERSONALIZED ORDERS

Customers are responsible for carefully reviewing all names, spelling, numbers, colors, fonts, sizes, and other personalization details before submitting an order.

Personalized products are created using the information provided by the customer at the time of purchase.

KG Custom Design is not responsible for errors resulting from incorrect, incomplete, or unclear personalization information submitted by the customer.

Once production has started, changes or cancellations may not be possible.

Personalized products are not eligible for returns or exchanges except when the item arrives damaged, defective, or materially different from the order placed, subject to our Refund Policy and applicable law.

SECTION 5: ORDERS

Placing an order constitutes an offer to purchase.

We reserve the right to accept, decline, limit, or cancel an order for reasons including product availability, suspected fraud, pricing errors, payment issues, or incorrect product information.

An order is not considered accepted until payment has been successfully processed and an order confirmation has been issued.

Please review your order carefully before submitting it. We may not be able to accommodate changes or cancellations after an order has entered production.

If we change or cancel an order, we will attempt to contact you using the email address, telephone number, billing address, or other information provided at checkout.

SECTION 6: PRICES, PAYMENT, AND TAXES

All prices are listed in United States dollars unless otherwise stated.

Prices, promotions, discounts, and product availability may change without notice.

The price charged will be the price displayed at the time the order is placed, subject to the correction of errors.

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

You agree to provide accurate billing and payment information and confirm that you are authorized to use the payment method submitted.

You are responsible for all charges associated with your order, including product costs, shipping fees, taxes, and any applicable customs or import charges.

SECTION 7: PROCESSING, SHIPPING, AND DELIVERY

Order processing and delivery times are estimates and are not guaranteed.

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

Customers are responsible for providing a complete and accurate shipping address.

Additional shipping charges may apply if an order is returned to us because of an incorrect, incomplete, or undeliverable address.

Tracking information may take time to update after a shipping label is created.

Additional shipping terms are provided in our Shipping Policy.

SECTION 8: RETURNS, EXCHANGES, AND REFUNDS

Returns, exchanges, cancellations, and refunds are governed by our Refund Policy.

Because many of our products are personalized, customized items generally cannot be returned or exchanged unless they arrive damaged, defective, or incorrect due to an error by KG Custom Design.

Nothing in these Terms limits any rights available to customers under applicable law.

SECTION 9: INTELLECTUAL PROPERTY

Unless otherwise stated, all website content, including our business name, logo, photographs, artwork, product designs, graphics, text, videos, layout, and other materials, is owned by or licensed to KG Custom Design.

Website content is protected by applicable copyright, trademark, and intellectual-property laws.

You may view the website for personal, noncommercial use only.

You may not copy, reproduce, modify, distribute, republish, sell, display, create derivative works from, or commercially use our content without prior written permission.

Third-party trademarks, logos, artwork, and other intellectual property remain the property of their respective owners.

SECTION 10: CUSTOMER-SUBMITTED CONTENT

When you submit names, text, photographs, logos, artwork, files, or other materials for personalization, you confirm that you own the material or have permission to use it.

You agree not to submit material that infringes another person’s copyright, trademark, privacy, publicity, or other legal rights.

KG Custom Design may refuse or cancel an order containing material that we reasonably believe is unlawful, harmful, offensive, or infringing.

You remain responsible for any claims arising from materials you submit.

SECTION 11: REVIEWS, FEEDBACK, AND SUBMISSIONS

If you submit a review, photograph, comment, suggestion, or other feedback, you confirm that you have the right to submit it.

You agree that your submission will not violate another person’s rights or contain unlawful, abusive, misleading, defamatory, obscene, or harmful material.

We may use submitted reviews and feedback to operate, improve, and promote our business, subject to applicable privacy laws and any permissions required.

We are not obligated to publish, maintain, compensate, or respond to any submission.

SECTION 12: THIRD-PARTY TOOLS AND LINKS

Our website may provide access to third-party applications, payment processors, social media platforms, links, or other tools.

We do not control and are not responsible for the content, security, availability, accuracy, or policies of third-party services.

Your use of third-party services is at your own discretion and may be governed by separate terms and privacy policies.

Questions or complaints about third-party products or services should be directed to the applicable third party.

SECTION 13: SHOPIFY

Our store is hosted by Shopify.

Purchases made from this store are transactions directly between you and KG Custom Design, not between you and Shopify.

Shopify is not responsible for our products, order fulfillment, customer service, refunds, shipping, or any injury, loss, or damage related to a purchase made from KG Custom Design.

SECTION 14: PRIVACY

Personal information submitted through our website is handled according to our Privacy Policy.

Because our website is hosted by Shopify and may use third-party services, personal information may also be processed by Shopify, payment providers, shipping providers, and other service providers as necessary to operate the store and complete transactions.

Please review our Privacy Policy for additional information.

SECTION 15: ERRORS AND INACCURACIES

Occasionally, our website may contain typographical errors, inaccuracies, or omissions concerning product descriptions, prices, promotions, shipping costs, processing times, availability, or other information.

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

If an order is canceled after payment, the applicable amount will be refunded.

SECTION 16: PROHIBITED USES

You may not use the website or its content:

• For an unlawful, fraudulent, harmful, or malicious purpose
• To violate any applicable law or regulation
• To infringe our rights or the rights of another person
• To submit false, misleading, abusive, defamatory, or obscene content
• To transmit viruses, malware, or harmful code
• To collect or track another person’s private information without authorization
• To spam, phish, scrape, crawl, or interfere with the website
• To bypass security, access restrictions, or other protective measures
• To copy, reproduce, sell, resell, or exploit any part of the website without authorization
• To interfere with another customer’s use of the website

We reserve the right to restrict or terminate access for violations of these Terms.

SECTION 17: DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website, services, information, and products are provided on an “as is” and “as available” basis unless expressly stated otherwise.

We do not guarantee that the website will always be uninterrupted, secure, accurate, or error-free.

We do not guarantee that products will meet every customer’s personal expectations beyond the product description and personalization information submitted with the order.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

SECTION 18: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, KG Custom Design and its owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the website, services, or products.

This includes, without limitation, lost profits, lost revenue, lost data, replacement costs, or business interruption.

Our total liability relating to an order will not exceed the amount paid for the product giving rise to the claim, except where applicable law does not permit such a limitation.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

SECTION 19: INDEMNIFICATION

You agree to indemnify and hold harmless KG Custom Design, Shopify, and our respective owners, employees, agents, contractors, affiliates, licensors, and service providers from claims, damages, losses, liabilities, and reasonable legal expenses arising from:

• Your violation of these Terms
• Your violation of applicable law
• Your violation of another person’s rights
• Content, logos, artwork, text, or other materials submitted by you

SECTION 20: TERMINATION

We may suspend or terminate your access to the website or cancel an order if we reasonably believe you have violated these Terms, engaged in fraudulent activity, misused the website, or created a security or legal risk.

Termination does not affect obligations or liabilities that arose before termination.

Sections relating to payment, intellectual property, liability, indemnification, governing law, and other provisions that should reasonably survive will remain in effect.

SECTION 21: SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted or removed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 22: WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies and notices posted on the website, constitute the entire agreement between you and KG Custom Design concerning your use of the website and services.

SECTION 23: ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations as part of a business transfer, reorganization, or change in service providers, subject to applicable law.

SECTION 24: GOVERNING LAW

These Terms and any separate agreement through which we provide products or services will be governed by the laws of the State of Arizona and applicable federal laws of the United States, without regard to conflict-of-law principles.

Any dispute arising from these Terms or the services will be handled in a court of competent jurisdiction in Arizona, except where applicable law requires otherwise.

SECTION 25: CHANGES TO THESE TERMS

We may revise these Terms of Service from time to time.

The current version will be posted on this page, and changes will become effective when published unless otherwise required by law.

Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

SECTION 26: CONTACT INFORMATION

Questions about these Terms of Service may be sent to: Email: kgdesllc@gmail.com