Terms of service
Terms of Service
Overview
Welcome to Pop and Create! The terms "we", "us" and "our" refer to Pop and Create. Pop and Create operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pop and Create is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services, whether ordering online, picking up in store, or visiting our physical location in person.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and assumption of risk.
By visiting, interacting with, or using our Services, whether online or in person at our studio, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. Because many of our products are handmade or hand finished, including our Bedazzle Canvas kits and candle sculpture kits, slight variations in color, finish, or rhinestone placement may occur between the product shown and the product received. This is expected and is not considered a defect.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Pop and Create reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pop and Create confirms acceptance. We must receive and process your payment before your order is accepted.
All sales are final. Due to the custom and made to order nature of our products, orders cannot be cancelled, modified, or returned once placed. Please review your order carefully before submitting. Your purchases are subject to our Return and Refund Policy [LINK].
For Classes and in-person Experiences, orders are also subject to the terms outlined in our Return and Refund Policy [LINK], including our no refund policy on scheduled sessions.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 3A - Assumption of Risk and Product Use
Many of our products, including but not limited to Bedazzle Canvas kits, candle sculpture kits, and other DIY craft kits, contain small parts such as rhinestones, embellishments, and tools that present a choking hazard for children under 3 years of age and should be used with caution by children of any age. These products are not toys and are not intended for unsupervised use by children.
By purchasing, receiving, or using any Pop and Create product, whether ordered online for shipping, ordered online for in-store pickup, or purchased and completed in person at our studio, you acknowledge and agree that:
(a) You are voluntarily choosing to use craft tools, materials, and supplies (including but not limited to rhinestones, applicator tools, wax, paint, adhesives, and cutting implements) that carry an inherent risk of minor injury, including but not limited to cuts, burns, choking, or allergic reaction;
(b) You are solely responsible for supervising any minor in your care while that minor uses or is present near any Pop and Create product or materials;
(c) You assume full responsibility for the safe use, storage, and disposal of all materials once the product is in your possession, whether at our studio or at any other location;
(d) Pop and Create is not liable for any injury, harm, or damage resulting from the use, misuse, or improper supervision of our products after they leave our direct control.
This assumption of risk applies regardless of whether the product was shipped to you, picked up in store, or completed on-site at our studio.
In-Studio Visits
Guests visiting our studio location to create in person (Wednesday through Sunday) are additionally subject to the following:
(e) Children under the age of 13 must be accompanied and directly supervised by a parent or guardian at all times while in the studio;
(f) Guests agree to follow all posted studio safety guidelines and staff instructions regarding tool use, workspace conduct, and material handling;
(g) Pop and Create reserves the right to refuse service or request that any guest leave the premises for unsafe or disruptive behavior;
(h) By entering the studio and participating in any activity, guests acknowledge and accept the risks described in this section, whether or not the guest completed an online order in advance.
Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted on our online store may be different from prices offered at our physical studio location. We may offer, from time to time, promotions on the Services that may affect pricing and are governed by terms separate from these Terms.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
For items delivered locally by Pop and Create or picked up in person at our studio, risk of loss passes to you upon delivery or pickup.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Pop and Create, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Pop and Create's names, logos, product and service names, designs, and slogans are trademarks of Pop and Create or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
Section 9 - Relationship with Shopify
Pop and Create is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Pop and Create. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pop and Create, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Pop and Create.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
You represent and warrant that you own or have all necessary rights to all Feedback and that it will not violate any right of any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services to violate any law, infringe on intellectual property rights, harass or harm any person, transmit false information, send spam, impersonate any person or entity, or engage in conduct that restricts or inhibits anyone's use of the Services or may harm Pop and Create, Shopify, or users of the Services.
You also agree not to upload viruses or malicious code, scrape or extract data using automated tools, collect personal information of others, or interfere with the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Assumption of Risk, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.
Section 15 - Disclaimer of Warranties
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
EXCEPT AS EXPRESSLY STATED BY POP AND CREATE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Section 16 - Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL POP AND CREATE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, ANY PRODUCT PROCURED THROUGH THE SERVICES, OR YOUR PARTICIPATION IN ANY IN-PERSON CLASS, WORKSHOP, OR STUDIO VISIT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Pop and Create, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) your participation in any in-person class, workshop, or studio activity.
Section 18 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms without affecting the remaining provisions.
Section 19 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver. These Terms of Service and any policies referenced herein constitute the entire agreement between you and us regarding your use of the Services.
Section 20 - Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms without consent or notice to you.
Section 21 - Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles. You and Pop and Create consent to venue and personal jurisdiction in the state and federal courts located in Tulsa County, Oklahoma.
Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services, or continued visits to our studio, following the posting of any changes constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about these Terms of Service should be sent to us at:
Pop and Create popincreate@gmail.com 3306 Charles Page Blvd, Tulsa, OK 74127 (918) 888-4226