Policies & Agreements

I don't accept returns or exchanges Please contact me if you have any problems with your order.

I gladly accept cancellations, for physical products within 12 hours of purchase. No cancellations on digital goods.

FOR INTERNATIONAL CUSTOMERS: My website is not enabled to ship outside the US. HOWEVER, you can shop my ETSY shop and purchase digital files to any country where ETSY does business. 

Your satisfaction is important. Although all items are non-refundable, if items are damaged via transport, we can discuss replacement on a case by case basis. Once digital and/or printed files are approved, any fees for changes are the responsibility of the customer.

USPS mail is used for shipping. Please make sure shipping address is complete before placing your order. Once items are ready to ship, they will ship within 48 hours, Monday - Friday, and you will be notified via email.

Orders misdirected or undeliverable due to incomplete address information will be the responsibility of the customer.

If rush orders are needed, please contact me before your order is placed.

DIGITAL GOODS AGREEMENT

Agreement for sale and purchase
According to the terms and conditions of this agreement, Nicole Nikolas Design Boutique agrees to deliver the described goods to the Customer, and the Customer agrees to pay for and accept these goods. Acceptance includes opening, viewing and/or printing of digital goods.

Terms of sale and license of use of digital goods
Nicole Nikolas Design Boutique hereby grants to Customer one (1) exclusive, non-sub-licensable, non-transferable, license to use the digital goods. Customer understands and agrees that the digital goods may not be shared with any third party, either via electronic means or in person. 

In the event Nicole Nikolas Design Boutique suspects that the Product is being shared with another party, Nicole Nikolas Design Boutique reserves the right to immediately terminate Customer’s access to the Product.  And will cancel any incoming sales of any future digital products.

Customer may use the digital goods for his/her own personal use and business use. Business Use includes printing of digital signatures and placing in handmade creations, i.e. handmade books or journals. This provision does not include the binding of signatures into text or journal blocks with no cover; i.e. as part of an unfinished, DIY book binding kit, or the printing and distribution of printed copies for use in teaching workshops, students, book meet-ups, etc.

Business use DOES NOT include the sale of printed signatures in any type of e-commerce or in-person store. If printed copies of signatures would like to be sold, contact Nicole Nikolas Design Boutique for more information. It also DOES NOT include the sale or distribution of electronic files for any purpose. 

Edits, changes and/or redistribution of changed files made via third-party pdf reader software is also a violation of copyright and NOT INCLUDED in Business Use of files. It also DOES NOT include the use of files in the creation of a new physical or digital product outside of the use in finished, bound handmade books/journals.

Customer is not obligated to tag or give credit to Nicole Nikolas Design Boutique for the digital product he/she uses, posts, or shares. However, it would be greatly appreciated.

AI Processing & Scraping Prohibition
The Customer is strictly prohibited from uploading, importing, or submitting any materials provided by Nicole Nikolas Design Boutique — including but not limited to initial concepts, mood boards, rough sketches, digital proofs, digital files, finalized artwork or books produced using Nicole Nikolas Design Boutique digital or physical goods — into any artificial intelligence (AI) platform, generative art tool, machine learning model, or replication software for the purpose of revising, manipulating, altering, expanding, reusing the design, or for any purpose what so ever.

Penalty for AI Breach
Any violation of this clause constitutes an immediate and material breach of contract. A breach of this nature will result in the immediate cancellation of any future purchases and/or work relationships by the Customer. And could also result in legal action for theft of intellectual property. 

No refunds
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by customer in connection with the Product will be allowed under any circumstances.

Copyright
Upon delivery of the digital product to customer, Nicole Nikolas Design Boutique retains all copyrights regarding the Product.

Transfer of license of use
This agreement cannot be transferred or assigned to any third party.

Electronic delivery schedule
Nicole Nikolas Design Boutique will use third-party software/services to deliver digital goods to the Customer at checkout or via email within 24-48 hours. Each download comes with a limited number of re-downloads. Once this limit is reached, no additional downloads will be provided without the repurchase of the digital file(s).

Electronic delivery delays
Nicole Nikolas Design Boutique will notify the Customer of any delays that may affect the expected electronic delivery date, if possible. Nicole Nikolas Design Boutique does not handle electronic transfer of files and cannot be held responsible for their delay due to Internet server issues, hosting services issue, transmission issues, etc. via third party software/services.

Risk of loss of digital goods
Once the goods have been delivered, the customer assumes all responsibility for any damage or loss of electronic goods due to accidental deletion, hardware or hard drive crashes or any type of computer failure or loss. Customer is also responsible for the saving of the downloaded file to their hard drive/electronic device. No additional downloads will be granted due to misplacement or loss of digital files by the Customer.