The following terms and conditions apply to the use of this website (www.artofembroidery.com) and any affiliate sites which Art of Embroidery has control, as well as all transactions conducted through the sites and offline transactions. Be sure to review the contents thoroughly, and be aware that the contents are subject to change without notice.
Legal Notice
All machine embroidery designs purchased through our embroidery library are licensed strictly as purchased, for ‘Personal Use’ by default with additional license options available at time of purchase. Contact us via telephone or email, should a license upgrade be necessary after purchase.
Personal Use is defined as using the embroidery design for stitch-outs to be used by you personally or as a gift to a friend or family member. Stitch-outs or products containing the stitch-out from Personally Licensed embroidery designs may not be sold and the embroidery design files may not be distributed.
Custom digitizing services grant only Personal and Retail licensing. Redistribution licensing of custom digitized designs is available at an additional cost.
If you are seeking to license our designs for retail sales of stitch-outs (and/or stitched products) please review our licensing page and select the correct license when adding designs to your cart. Not all designs are available for retail and redistribution licensing.
Redistribution licensing is no longer sold through our website. Contact us for pricing on designs to be distributed.
Copyright
Unless otherwise noted, all content and products appearing on our Web site are the property of Art of Embroidery and subject to United States and International copyright laws. All rights reserved.
Digitizing and Stitch-out
Art of Embroidery assumes no responsibility for determining the proper ownership or proper use of customer submitted artwork. By submitting artwork to Art of Embroidery, you certify that you are the creator and rightful owner of the art, or you are authorized under license or other written permission for use of any copyrighted works or trademarks included within the artwork you submit. You may be required to provide proof of ownership or license.
Art of Embroidery may refuse to provide service if we suspect or determine that you are not the legal copyright holder or a licensee of submitted artwork and/or any portion thereof.
You assume full responsibility for any legal actions or damages caused, including but not limited to, legal fees, judgements, and expenses. Art of Embroidery, its affiliates, heirs, and assignees shall be held harmless, from and against all claims, liabilities and expenses.
Art of Embroidery reserves the right to use images of custom digitized work as samples in promotional materials without liability as to trademark, copyright, or other proprietary rights.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Art of Embroidery. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Art of Embroidery or any third-party, except as expressly granted herein.
Use of Our Site
Our site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on our site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.
Art of Embroidery and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Art of Embroidery believes that customer conduct violates applicable law or is harmful to the interests of Art of Embroidery and its subsidiaries or affiliates.
Account Security
We will never ask for a user’s password via telephone or email.
Site users are not permitted to share credential information with other persons. This practice is a security risk and could result in unlawful redistribution of designs.
Various techniques may be incorporated on our website for login, registration and checkout to help reduce fraudulent activities. This may include captcha, honey pot and fields hidden from human interface.
Account Termination
Registered accounts on our site which have made no purchases and have been inactive for more than 12 months will be deleted. If an account is determined to be falsely registered or malicious in intent, it will be deleted regardless of time-frame.
Accounts with purchases which are not active for more than three years may be deleted and files will no longer be available to download again.
Reviews and Comments
Reviews and comments left on our site, or another site with reviews about Art of Embroidery, become our property once submitted and may be retained indefinitely at our discretion. These submissions will be attributed to the person leaving the review or comment, however we reserve the right to correct or omit submissions as we deem appropriate.
Privacy Policy
Personal information that you submit to Art of Embroidery through our web site is governed by the Art of Embroidery Privacy Policy.
Art of Embroidery does not provide your contact information, including name and e-mail address, to any persons or organizations except as required for processing transactions, or by court order and other legal procedure.
Information We Collect
Art of Embroidery collects your information about you during the checkout process. This information may include, but is not limited to your name, e-mail address, mailing address and phone number; as required for your transaction and any other transactions.
An IP address will be collected and anonymized before storing it to the database. Additional data such as login time and number of logins will be stored for analytical and security purposes.
Cookies
Our website uses cookies to make sure you get the best experience on our site. These cookies and other information gathering are controlled by third parties WordPress, Gravatar, EDD, Akismet, PayPal and Google services, for example. Our e-commerce site may use cookies to maintain your cart and checkout process, as well as provide us useful traffic behavior information while on our site. None of these cookies are used by us for advertising or tracking purposes off of our site.
Opting out of or blocking cookies through Gravatar and Google services should not have an impact on your visit to our site, however blocking PayPal, WordPress or our cookies may result in failed transactions.
Data Protection
Our security protocols relate to your data that is stored on our website. We use security software and reputation services to help protect the data, which includes automatic disablement of services to dangerous visitors and security threats.
PayPal is used for payment services, therefore no personal payment information is stored on our site. Please see PayPal’s Privacy and Protection policy for more information.
Removal of Data
You may request that we remove your account and all related personal information, including transactions and artwork, by sending us a message through our ‘Contact Us’ form, by postal mail, or by email. For legal purposes your request must be in written form and cannot be taken over the phone.
Removal of any user account and all related personal information will result in the inability to download purchased designs at a later time. Download links in receipt emails will expire and are not reusable.
Removal of your personal data does not include any data which we are obliged to keep for administrative, legal, or security purposes.
Reviews and comments may not be removed, as these submissions become our property. We will however adjust names and locations, upon request, to initials or a reasonable alternate spelling.
Consumer Agreement
By purchasing any designs or services from Art of Embroidery, you are accepting all responsibility and liability for incidents and accidents that may occur from the use of products where the said designs or services have been used.
Licensing
By use of our site and purchasing products contained within, you are agreeing to use the products only as licensed with your purchase. Please review the licensing conditions to ensure compliance.
If any person or entity is found to be using our product outside the limits of the license which they purchased, then they will be held liable for the appropriate license fees, plus penalties (minimum $150 penalty) and legal fees, where applicable.
Payment Terms
Payment for services or products is in United States Dollars (US$) by Credit Card (Square), Cash, Check, Money Order, or via PayPal as configured on the site or prior agreement. Services or products may not be provided until payment has been received.
Due to current banking and processor fees, there is a US$40 charge on any returned and incorrectly disputed payments.
Accounts are subject to US$20 late fee, per 30-day period, for failure to pay.
Stock Designs
Full payment is due at the time of ordering stock machine embroidery designs for all customers.
Custom Digitizing
Full payment is due before digitizing services begin for all new customers.
Customers which have successfully completed a minimum of five purchases may pay up front, or with management approval be billed for digitizing services. Terms depend on track record and payment method.
- Credit Card – Payment is due within three business days after the invoice is generated and emailed upon completion of the digitizing service. Design(s) may be held until payment is complete.
- NET15 Check – Billing is by prearranged schedule and Payment is due within 15 calendar days after the invoice is generated and emailed.
Failure to meet payment terms will revert account status to full payment due before services begin.
Custom Embroidered Products
Art of Embroidery is no longer providing custom embroidered products; however this section is retained due to existing contracts and rare specialty cases.
Full payment is due at the time of ordering custom embroidered products for all new customers.
Customers which have successfully completed a minimum of three custom embroidery purchases may pay a deposit for materials upon ordering. The remaining balance must be paid in full before shipping the final product or at the time of local delivery.
Training Sessions
Full payment for all customers is due prior to the scheduled training appointment.
Shipping & Delivery
Design files are downloaded directly from our website. Patrons will be presented links to download their content after successfully completing the purchase process. Emailed links are valid for 40 days. After 40 days, customers must login to the site to download purchased designs. Designs may be downloaded up to ten times.
Art of Embroidery sends custom design files via Internet to valid e-mail addresses only. Should the address you give us fail, Art of Embroidery will make every attempt to find a valid destination.
Art of Embroidery ships design CD’s and other tangible products only to locations within the continental United States and will not ship to international locations.
Sales Tax
Art of Embroidery charges sales tax for certain products based on the applicable sales tax laws as appropriate for the location from which the order is being placed.
We are located in Pennsylvania and all purchases for Pennsylvania residents are taxed according to Pennsylvania sales tax law. Pennsylvania based businesses and non-profit organizations are required to supply PA form 1220 for sales tax exemption.
Return Policy
Due to the nature of digital distribution, Stock and Custom Embroidery Designs are not returnable or refundable.
Always perform a test stitch-out on similar scrap material before stitching on your final product.
Stock Designs
If there is an issue with a stock embroidery file that Art of Embroidery has provided you, or you have misplaced the design, you can log on to our site and download the design again, up to a total of ten times per design.
If a functional or compatibility issue is discovered with a stock machine embroidery file, we will make every attempt to correct the issue within 15 days of your purchase. Be sure to describe in detail the issue, your materials, your equipment, and include photographs of the failed stitch-out (top and under-side).
Art of Embroidery is not liable for replacement of damaged materials that result from a failed stitch-out.
Custom Digitizing
If there is an issue with a custom digitized embroidery file that Art of Embroidery has created for you, or you have misplaced the file, we will resend the file to you at no charge within six months of your purchase. After six months, a recovery fee of $13 applies.
If we advise you of an issue due to small text or details and you do not allow us to omit, modify or resize the item in question, we will do our best to provide an acceptable design but we can not guarantee the results.
If a functional or compatibility issue is discovered with a custom digitized embroidery file, we will make every attempt to correct the issue within 15 days of your purchase. Be sure to describe in detail the issue, your materials, your equipment, and include photographs of the failed stitch-out (top and under-side).
Art of Embroidery is not liable for replacement of damaged materials that result from a failed stitch-out.
Design CD
If within 15 days of receipt, you find there is an issue with a design CD that we shipped to fulfill your order, we will send a replacement disc. No further guarantee is available if the disc should become inoperable at a later time. We recommend making a backup of all your data, purchased or self-created. See our article on Managing Embroidery Files for suggestions.
Custom Embroidered Products
Art of Embroidery is no longer providing custom embroidered products; however this section is retained due to existing contracts and rare specialty cases.
Upon receipt of a custom embroidered product, inspect it thoroughly. We cannot guarantee products that we did not manufacture, however if an issue is found with our workmanship within 15 days of receipt, contact us for remediation.
We recommend that you include at least one extra of each item you supply for Art of Embroidery to stitch upon. This allows for mechanical issues which may damage your product. Art of Embroidery is not responsible to replace or reimburse for products damaged as a result of mechanical failure.
Returns are not accepted for any physical products and/or stitch-outs.
Cancellations
Cancellation can be done via telephone or email. Be aware that we base the cancellation timing on when we receive the notice, not when you sent it. This is an important consideration, as email can be delayed outside of our control. We recommend notifying us of a cancellation via telephone, and then follow-up via email.
Custom Digitizing
Custom digitizing services may be cancelled up to one hour prior to scheduled service start, with no cancellation fee.
Digitizing services that are cancelled within one hour of scheduled start are subject to 50% cancellation fee, unless service is rescheduled to within a period of no more than three business days from the original appointment.
100% cancellation fee is due on digitizing services which are cancelled during or after the scheduled service period.
Custom Embroidered Product Services
Art of Embroidery is no longer providing custom embroidered products; however this section is retained due to existing contracts and rare specialty cases.
Embroidery Services may be cancelled up to 24-hours prior to scheduled start of production. The cost of materials purchased for the embroidery job are not refundable. Additional shipping charges are applicable to send the blank materials to the purchaser.
Embroidery Services that are cancelled after the job started are subject to charges for already completed work or a 50% cancellation fee, whichever is greater. The cost of materials purchased for the embroidery job are not refundable. Additional shipping charges are applicable to send the blank materials and completed items to the purchaser.
Embroidery Services cannot be cancelled after the job is completed. Total cost of the completed job is due, plus applicable shipping charges to send the completed items to the purchaser.
Training Sessions
There is no cancellation fee for training sessions cancelled up to 12-hours prior to the scheduled appointment.
Training sessions cancelled between one hour and 12-hours prior to the scheduled appointment are subject to a cancellation fee equivalent to one hour of training, unless rescheduled to a date of no more than three business days from the original appointment.
If the client does not appear for the training session, or cancels within one hour of the appointment, a 100% cancellation fee will be charged.
Company Hours
Customer Service hours are 10 AM to 5 PM Eastern Time (USA), Monday through Friday. We observe daylight savings time; please plan accordingly.
We are not open on weekends or for the following holidays:
| Holiday | Date |
| New Year Day | January 1 |
| Memorial Day | Last Monday in May |
| Independence Day | July 4 |
| Summer Vacation | Last 15 calendar days of August |
| Labor Day | First Monday in September |
| Thanksgiving | Last Thursday (and Friday) in November |
| Yule | December 21 |
| Christmas | December 25 |
If a holiday falls on a weekend, we may be closed the prior Friday or following Monday in observance of the holiday.
Being a family run business, unexpected events may arise. We reserve the right to close on other days without advanced notice.
Miscellaneous
Void Where Prohibited
Although the information on our web site is accessible worldwide, not all products or services discussed in our web site are available to all persons or in all geographic locations or jurisdictions. Art of Embroidery reserves the right to limit the provision of products or services to any person, geographic area, or jurisdiction they so wish and to limit the quantities of any products or services that are offered. Any offer for any product or service made in the materials on our web site is void where prohibited.
Governing Law
In the event of litigation both parties agree that the Law of Pennsylvania shall apply and both parties consent to the jurisdiction of the local magisterial courts of Newville/West Pennsboro, Cumberland County, Pennsylvania, USA. Both parties expressly waive a trial by jury and waive any right of removal or transfer, whether due to forum non convenience or other reason.
These Terms and Conditions constitute the entire agreement between you and Art of Embroidery with respect to our website, products and services. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Art of Embroidery with respect to our website, products and services. No change of the Terms and Conditions shall be effective unless it is authorized by Art of Embroidery. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be construed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
UPDATED 11 December 2023