Terms and Conditions for KellyDarke.com

Welcome to KellyDarke.com. These Terms and Conditions govern your use of the website and any related services provided by Kelly Darke (the “Artist”). By accessing or using the website, you agree to be bound by these Terms and Conditions.

1. Intellectual Property

The Artist retains all ownership and intellectual property rights to all content on the website, including but not limited to images, artwork, and music. You may not use any content from the website without the express written consent of the Artist.

2. Use of the Website

You agree to use the website only for lawful purposes and in a manner that does not infringe upon the rights of others. You may not use the website to engage in any activity that is illegal or violates any applicable laws or regulations.

3. User Content

You may submit content to the website, such as comments or reviews. By submitting content, you grant the Artist a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

4. Third-Party Links

The website may contain links to third-party websites or resources. The Artist is not responsible for the content or functionality of any third-party websites or resources.

5. Disclaimer of Warranties

The Artist makes no warranties or representations about the accuracy or completeness of the content on the website. The website and any related services are provided “as is” and “as available” without any warranty of any kind, either express or implied.

6. Limitation of Liability

To the fullest extent permitted by law, the Artist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of the website.

7. Indemnification

You agree to indemnify and hold harmless the Artist and its affiliates, officers, directors, employees, and agents from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.

8. Modifications to Terms and Conditions

The Artist reserves the right to modify these Terms and Conditions at any time without prior notice. Your continued use of the website following any such modification constitutes your acceptance of the modified Terms and Conditions.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Michigan. Any disputes arising out of or related to these Terms and Conditions shall be resolved through arbitration in accordance with the rules of the Michigan Arbitration Association.

If you have any questions about these Terms and Conditions, please contact us at kelly@kellydarke.com.

Return Policy for KellyDarke.com

At KellyDarke.com, we want you to be completely satisfied with your purchase. If you are not satisfied with your purchase, we offer a return policy that allows you to return the product within 5 days of the purchase date. Please read the following guidelines before making a return:

1. Eligibility

To be eligible for a return, the product must be unused and in the same condition that you received it. It must also be in the original packaging.

Custom orders are non-refundable; deposits for custom orders are non-refundable.

2. Process

To initiate a return, please contact us at kelly@kellydarke.com within 5 days of the purchase date. We will provide you with a return authorization number and instructions on how to return the product. Please include the return authorization number with your return package.

3. Shipping

You will be responsible for paying the shipping costs for the return. Shipping costs are non-refundable.

4. Refunds

Once we receive your return and verify that it meets our eligibility criteria, we will issue a refund to your original payment method. The refund amount will be the purchase price of the product minus any shipping costs.

5. Exchanges

If you wish to exchange a product, please email kelly@kellydarke.com with ‘exchange’ in the subject line and we will start the process.

6. Damaged or Defective Products

If you receive a damaged or defective product, please contact us at kelly@kellydarke.com within 5 days of the purchase date. We will provide you with a return authorization number and instructions on how to return the product. We will also cover the shipping costs for the return and provide a full refund or replacement.

Thank you for shopping with KellyDarke.com. If you have any questions about our return policy, please contact us at kelly@kellydarke.com.