General Information


Refunds and Exchanges:

ALL SALES ARE FINAL.

All Lucky Stars Creative templates are delivered as complete digital files and all products are shipped to the highest standards of protection; therefore we cannot offer exchanges or refunds. Please READ OUR ITEM LISTINGS CAREFULLY before making your purchase.

Please make sure to double check your files before you print our digital files. Check colors, bleeds, and trim lines. Lucky Stars Creative is not responsible for errors that occur when printing through an external source.

It’s important to us that you are 100% happy with your purchase. Please contact us at support [!at] luckystarscreative.com with any questions before or after your purchase.

Re-Downloads:

  • Your purchase will be available on your personal download page for 30 days or five (5) downloads, whichever comes first.
  • Additional downloads can be authorized on request for a small processing fee.
  • Send your re-download request with your receipt number to support [!at] luckystarscreative.com.

Additional Questions & Help:

  • Contact us here or email us at support [!at] luckystarscreative.com
  • Office Hours: Monday – Friday / 9:00am-5:00pm PST
  • Closed Saturday & Sunday
  • We reply within 24 hours during regular business hours.

 


Terms & Conditions


             
1. PARTIES. Lucky Stars Creative, is hereafter referred to as “Seller,” and the person or company purchasing goods, as referenced on the Purchase Order, is hereafter referred to as “Buyer.” All artwork described on the Quote or Purchase Order are referred to as “Products”. 
2. PRICE; PAYMENT.  Buyer shall be solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes.  Such taxes will be added to the final invoice prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not collect any such taxes and is later asked by or required to pay such taxes to any taxing authority, Buyer will make such payment to Seller. At Seller’s option, prices may be adjusted to reflect any increase in the costs of Seller resulting from state, federal or local legislation or any change in the rate charge or classification of any carrier.  Unless otherwise specified by Seller, all prices are F.O.B. Seller’s shipping point.  The purchase price is due prior to shipment. Invoices unpaid and past due will be subject to a service charge on the unpaid balance at an interest rate equal to the lesser of eighteen percent (18%) per annum or the maximum allowable interest rate under applicable law and Buyer shall be responsible and liable for all expenses incurred by Seller in collection, including reasonable attorneys’ fees. 
3.  SHIPMENT; DELIVERY; RISK OF LOSS. Title to and risk of loss of the Products shall pass to Buyer as soon as the Products are delivered
by Seller to the carrier. Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Products. Buyer shall be responsible for all shipping, delivering, handling, storage and insurance charges, such charges to be added to the final invoice or reimbursed by Buyer to Seller upon Seller’s payment of such charges.  Buyer shall be responsible for any customs fees or any additional delivery charges resulting from customs review. 
4.  WARRANTY. Seller warrants that the Product is an original work of art of the named artist and is sold “as is” and in substantial compliance with the quality and condition portrayed on Seller’s website. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCTS, OR ON ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF THE PRODUCTS. Identical images  published using different media, e.g. an original painting, giclee print (poster), image on a website etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different. This is attributable to the  differences between types of media, consequently Lucky Stars Creative is not responsible for any variance in images. 
5. CLAIMS; COMMENCEMENT OF ACTIONS. Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from shipment. Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through the insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by Insurance.  All claims pertaining to damage from shipment must be asserted in writing within ten (10) days after delivery of such Product or such claims are waived in perpetuity. Any lawsuit or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller. 
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN NEGLIGENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. 
7. CREDIT; RIGHTS OF SELLER. If Buyer shall fail to pay any indebtedness to Seller promptly when due or if Buyer’s performance or financial condition shall at any time seem to Seller inadequate to warrant an extension of credit, Seller may, if it so elects, with or without demand for any payment past due and without prejudice to any other rights or remedies available to it, take some or all of the following actions:  (a) Require cash payment in advance or on delivery or on presentation of a sight draft attached to a bill of lading or such other security or proof of responsibility as is satisfactory to Seller, as a condition to making further shipments of Products to Buyer or any of its customers (irrespective of whether such shipments are in fulfillment of any order already received and accepted by Seller).  (b) Fill orders previously received by Buyer by shipping Products direct to Buyer’s customers and invoicing said customers as agent for Buyer with the credit risk to be borne by Buyer, and hold the proceeds received from such customers until Buyer is current with Seller.  (c) Cancel any unfilled and unshipped order or portion thereof, by Buyer for Products.  (d) Apply any outstanding credits or loans due Buyer against any indebtedness owing by Buyer to Seller, whether or not due or past due. If Buyer fails in any way to fulfill any of its obligations hereunder, Seller may defer further shipments until such default is corrected or cancel this order and recover damages. Seller shall have a security interest in, and lien upon, any property of Buyer in Seller’s possession as security for the payment of any amounts owing to Seller by Buyer. 
8. CANCELLATIONS. After acceptance by Seller, an order shall not be subject to cancellation by Buyer except with Seller’s advance written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damage including, but not limited to, the losses, damages and expenses described in Section 3 above. 
9. LIMITATION OF ASSIGNMENT. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that Seller shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired or any other company resulting from a reorganization of Seller or its business segments.
 
10. ENTIRE AGREEMENT. This document contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof and replaces the same in its entirety. By way of illustration and not limitation, Buyer’s order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary in a writing apart from such order form, and no acknowledgement by Seller of an order by Buyer shall be deemed to be an acceptance by Seller of any such additional or contrary terms or condition. Any acknowledgement by Seller of any order by Buyer is expressly conditional on Buyer assenting to, or otherwise being bound by, any terms or conditions hereof which are in addition or contrary to the terms and conditions of Buyer’s order form. No additional or contrary terms or conditions or modifications may be made to the terms and conditions contained herein except by a written instrument signed by one of Seller’s officers. Stenographical and clerical errors are subject to correction by Seller. 
11. GOVERNING LAW. This document and the sale of all Products shall be governed by and construed in accordance with the laws of the State of Arizona, U.S.A. Whenever there is a conflict of laws, the substantive laws of the State of Arizona, U.S.A. shall prevail.  The parties agree that all disputes shall be filed solely in the court of competent jurisdiction located in State of Arizona, U.S.A. 
12.  COPYRIGHT The Buyer understands and agrees that the copyright (the “Copyright”) to the Products are retained by the original artist compiling the Product, and that the transaction contemplated herein is not a sale or license to the Copyright to Buyer.   Buyer agrees not to reproduce or copy the Product.

 


Enforcement of Copyright:


 

Lucky Stars Creative takes the protection of its copyright very seriously.

If Lucky Stars Creative discovers that you have used its copyright materials in contravention of the license above, Lucky Stars Creative may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Lucky Stars Creative copyright materials that contravenes or may contravene the license above, please report this email to support [!at] luckystarscreative.com

By purchasing any file from this shop or our Etsy shop www.etsy.com/shop/luckystarscreative you accept the terms and conditions.

 


Contests & Giveaways:


 

No Purchase Necessary. Contests are open to the members of the Pinterest, Facebook, and Instagram communities. Contests are void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement and acceptance of these official rules which shall be final in all respects.

Winning:

Lucky Stars Creative shall select all winners at its sole discretion. Winner will be notified via e-mail or Direct Message. The odds of winning depend on the number of eligible entries received. If these rules differ from any promotional or other materials published in connection with the contest, these rules shall control.

Conditions:

Prizes are non-transferable. No cash redemption or substitution will be allowed, except at Lucky Stars Creative’s sole discretion. If the prize is unavailable, Lucky Stars Creative reserves the right to substitute a prize of equal or greater value. Lucky Stars Creative also reserves the right to cancel or modify the contest or these official contest rules if fraud, technical failures or any other factor beyond Lucky Stars Creative’s reasonable control impairs the integrity of this contest, as determined by Lucky Stars Creative, in its sole discretion. By participating, where allowable by law, entrant grants to Lucky Stars Creative the worldwide right to publish, broadcast and use in any media, including the World Wide Web, participant’s entry, name, picture, and likeness, without limitation, for promotional and advertising purposes without additional compensation. Winner or winner’s guardian may be required, in the sole discretion of Lucky Stars Creative, to sign and return an affidavit of eligibility and a liability release within ten (10) days of the issuance of such documents or the prize may be forfeited and awarded to an alternate winner.

Liability:

By participating in our contests, you (and if you are a minor, your parents or legal guardians) accept all risk and consequences of entry and participation in this contest, and agree to release and hold Lucky Stars Creative, its officers, directors, affiliates, employees, contractors, subsidiaries, agents and partners harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this contest, including but limited to your entry and participation in this contest, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Entrant shall indemnify Lucky Stars Creative, its officers, directors, affiliates, contractors, subsidiaries, agents, employees and partners from and against all claims or suits and any damages or costs (including reasonable attorneys’ fees) arising from or relating to entrant’s violation or inaccuracy of any warrantees or representations made relating to this contest. Lucky Stars Creative assumes no responsibility for errors which may occur in the transmission of entrant’s entry. Lucky Stars Creative is not responsible for any fraud or misconduct on the part of the entrants. Should an entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the official rules, such entrant shall be subject to immediate disqualification. Lucky Stars Creative reserves the right to terminate, modify or amend the contest at any time if the fairness, integrity, and or proper administration of the contest is jeopardized.

 

IN NO EVENT SHALL LUCKY STARS CREATIVE BE LIABLE TO ENTRANT FOR ANY LOST PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST.

 

Entrant’s sole damages shall be limited to entrant’s actual out of pocket expenses, excluding attorneys’ fees. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CONTEST ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.

Law:

These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, United States of America, without regard to any choice of law principles. Entrant hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of Arizona and of the United States of America located in the State of Arizona, USA, for any and all claims arising from or related to this Agreement. Entrant agrees that all claims relating to this Contest shall be resolved individually, without resort to any form of class action.

7. Entire Agreement. These terms set forth the entire agreement between the parties relating to the subject matter hereof, and supersede all prior agreements and understandings relating thereto, whether oral or written. Pinterest, Facebook, and Instagram are not sponsors nor affiliates of these contests.

 


Additional Policies and FAQs:


All images and designs are owned solely by Lucky Stars Creative unless otherwise stated. No part may be reproduced in whole or part or stored without written permission. Under no circumstances can any of our products be re-sold without written permission beforehand.

If you have any questions, please do not hesitate to contact us: support [!at] luckystarscreative.com.

 

 

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