Policies
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to
Www.kiarascustomcreations.com and Kiara’s Custom Creations and governs data collection and
usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Kiara’s
Custom Creations include Www.kiarascustomcreations.com. The Kiara’s Custom Creations
website is a Ecommerce site. By using the Kiara’s Custom Creations website, you consent to the
data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Kiara’s Custom
Creations may collect personally identifiable information, such as your:
If you purchase Kiara’s Custom Creations's products and services, we collect billing and credit
card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us.
However, you may be required to provide certain personal information to us when you elect to use
certain products or services available on the Site. These may include: (a) registering for an account
on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c)
signing up for special offers from selected third parties; (d) sending us an email message; (e)
submitting your credit card or other payment information when ordering and purchasing products
and services on our Site. To wit, we will use your information for, but not limited to,
communicating with you in relation to services and/or products you have requested from us. We
also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Kiara’s Custom Creations collects and uses your personal information to operate its website(s)
and deliver the services you have requested.
Kiara’s Custom Creations may also use your personally identifiable information to inform you of
other products or services available from Kiara’s Custom Creations and its affiliates.
Sharing Information with Third Parties
Kiara’s Custom Creations does not sell, rent or lease its customer lists to third parties.
Kiara’s Custom Creations may share data with trusted partners to help perform statistical analysis,
send you email or postal mail, provide customer support, or arrange for deliveries. All such third
parties are prohibited from using your personal information except to provide these services to
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
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Kiara’s Custom Creations, and they are required to maintain the confidentiality of your
information.
Kiara’s Custom Creations may disclose your personal information, without notice, if required to
do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of
the law or comply with legal process served on Kiara’s Custom Creations or the site; (b) protect
and defend the rights or property of Kiara’s Custom Creations; and/or (c) act under exigent
circumstances to protect the personal safety of users of Kiara’s Custom Creations, or the public.
Tracking User Behavior
Kiara’s Custom Creations may keep track of the websites and pages our users visit within Kiara’s
Custom Creations, in order to determine what Kiara’s Custom Creations services are the most
popular. This data is used to deliver customized content and advertising within Kiara’s Custom
Creations to customers whose behavior indicates that they are interested in a particular subject
area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by
Kiara’s Custom Creations. This information can include: your IP address, browser type, domain
names, access times and referring website addresses. This information is used for the operation of
the service, to maintain quality of the service, and to provide general statistics regarding use of the
Kiara’s Custom Creations website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not be able to comply with requests to delete your personal information if
it is necessary to:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
• Complete the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with federal
law, provide a good or service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or otherwise perform a contract
between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right
of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws, when our
deletion of the information is likely to render impossible or seriously impair the
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Children Under Thirteen
Kiara’s Custom Creations does not knowingly collect personally identifiable information from
children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or
guardian for permission to use this website.
E-mail Communications
From time to time, Kiara’s Custom Creations may contact you via email for the purpose of
providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general
communication. In order to improve our Services, we may receive a notification when you open an
email from Kiara’s Custom Creations or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from
Kiara’s Custom Creations, you may opt out of such communications by “replying STOP” or
“clicking on the UNSUBSCRIBE button.”.
Changes to this Statement
Kiara’s Custom Creations reserves the right to change this Privacy Policy from time to time. We
will notify you about significant changes in the way we treat personal information by sending a
notice to the primary email address specified in your account, by placing a prominent notice on our
site, and/or by updating any privacy information on this page. Your continued use of the Site
and/or Services available through this Site after such modifications will constitute your: (a)
acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that
Policy.
Contact Information
Kiara’s Custom Creations welcomes your questions or comments regarding this Statement of
Privacy. If you believe that Kiara’s Custom Creations has not adhered to this Statement, please
contact Kiara’s Custom Creations at:
Kiara’s Custom Creations
PO Box 842615
Houston, Texas 77284
Email Address:
kiara.bratcher@yahoo.com
Telephone number:
8328937931
achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on
your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
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Effective as of October 21, 2020
Terms and Conditions
Agreement between User and Www.kiarascustomcreations.com
Welcome to Www.kiarascustomcreations.com. The Www.kiarascustomcreations.com website
(the "Site") is comprised of various web pages operated by Kiara’s Custom Creations.
Www.kiarascustomcreations.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
Www.kiarascustomcreations.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
Www.kiarascustomcreations.com is an E-Commerce Site.
To sell custom merchandise to customers, examples: tshirts, mugs, jewelry, crocheted items,
purses, and etc.
Privacy
Your use of Www.kiarascustomcreations.com is subject to Kiara’s Custom Creations's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting Www.kiarascustomcreations.com or sending emails to Kiara’s Custom Creations
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Kiara’s Custom Creations is
not responsible for third party access to your account that results from theft or misappropriation of
your account. Kiara’s Custom Creations and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Kiara’s Custom Creations does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
Www.kiarascustomcreations.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Due to my heavy work load, I am not accepting deposits. Only orders paid in full would be
considered. I am a one person business that works out of my home. I do it all without help. All
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shirt images, rhinestones, and vinyl are constructed and applied by myself and
not by a screen press. All tulle/ribbon/fabric is measured, cut, and sewn/applied by myself. All
crocheted items are hand crocheted by myself alone. All resin and or epoxy items are measured
and poured by myself alone. Resin/epoxy items needs at least 3 days to cure. Having ample time
to process an item is essential. Please allow at the minimum 7 days for orders to be completed and
shipped off unless I have told you different. Rush orders will require a rush fee!
Payment needs to be made and verified, images, and color choices must all have approval in order
for item to get made. Photos would be sent to you for approval. I do not give refunds. If there is
an item that does not fit properly, that item needs to be returned to me full and intact in order to get
a replacement item. Once item is dropped off at the post office and tracking is sent to you, it is no
longer my responsibility. Customer can opt in purchasing shipping insurance, package would
require a signature. Please keep an eye out on your packages. If package is stolen and tracking
states that it was delivered, I have no problem remaking an item at a discount.
Links to Third Party Sites/Third Party Services
Www.kiarascustomcreations.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Kiara’s Custom Creations and Kiara’s Custom
Creations is not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Kiara’s Custom Creations
is providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Kiara’s Custom Creations of the site or any association with its operators.
Certain services made available via Www.kiarascustomcreations.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
Www.kiarascustomcreations.com domain, you hereby acknowledge and consent that Kiara’s
Custom Creations may share such information and data with any third party with whom Kiara’s
Custom Creations has a contractual relationship to provide the requested product, service or
functionality on behalf of Www.kiarascustomcreations.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Www.kiarascustomcreations.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Kiara’s Custom Creations that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Kiara’s Custom
Creations or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Kiara’s Custom Creations content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Kiara’s Custom Creations and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Kiara’s Custom Creations or our licensors except as
expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Kiara’s Custom Creations from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Kiara’s Custom
Creations Content accessed through Www.kiarascustomcreations.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kiara’s Custom Creations, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Kiara’s Custom Creations reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with Kiara’s Custom Creations in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
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Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Kiara’s Custom Creations agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KIARA’S CUSTOM CREATIONS AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIARA’S CUSTOM CREATIONS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. KIARA’S CUSTOM CREATIONS AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL KIARA’S CUSTOM CREATIONS AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF KIARA’S CUSTOM CREATIONS OR ANY OF
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ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kiara’s Custom Creations reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Texas and you
hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Kiara’s Custom Creations as a result of this agreement or use of the Site. Kiara’s Custom
Creations's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Kiara’s Custom Creations's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Kiara’s Custom Creations with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Kiara’s Custom Creations with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Kiara’s Custom Creations with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
Kiara’s Custom Creations reserves the right, in its sole discretion, to change the Terms under
which Www.kiarascustomcreations.com is offered. The most current version of the Terms will
supersede all previous versions. Kiara’s Custom Creations encourages you to periodically review
the Terms to stay informed of our updates.
Contact Us
Kiara’s Custom Creations welcomes your questions or comments regarding the Terms:
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Kiara’s Custom Creations
PO Box 842615
Houston, Texas 77284
Email Address:
kiara.bratcher@yahoo.com
Telephone number:
8328937931
Effective as of October 21, 2020