Terms & Conditions

Last updated: 30 October 2021

Table of Contents

1. End-User Return Policy
2. Angel Policy
3. Shipping Policy
4. Privacy Policy
5. Wholesale Return Policy
6. Distribution Policy
7. Terms & Conditions

All returns or exchanges need to be returned to the quilt shop, machine dealer, or online retailer you purchased the Kimberbell product from. We accept returns for refund or exchange for items damaged in shipping.

*All Kimberbell sales are final, with no refunds, returns, or exchanges permitted.

If you have issues with design files, please provide the following information if you contact Kimberbell:

• Pictures of the CD/USB and packaging
• Did you run the files through any external software?
• What type of embroidery machine are you using?

Bella Box Purchases:

All purchases of The Bella Box are nonrefundable. Upon receipt of your box, please open and be sure all content is intact. In the event there is damage or missing items, please take a photo of the box or contents and contact Kimberbell Customer Care at 435.915.6741 or email us at [email protected].  Any replacements will need to be requested within 30 days of the parcel tracking delivery scan.

Digital Downloads:

All purchased digital downloads are nonrefundable. Digital downloads include, but are not limited to, Jumpstitch, Background Quilting, or The Vault.

Certified Event Project Kits:

We are happy you were able to participate in an exclusive Kimberbell Event from one of our Certified Shops. If you have discovered an issue or have any concerns, please contact the shop where you attended the event for help.

Amazon:

All returns for Amazon purchases must be handled on Amazon.com through our support team on Amazon.com. Kimberbell Designs grants permission for limited production with purchase of the Kimberbell product. Articles created for the purpose of resale must be made by the purchaser of the Kimberbell product and should befit the Kimberbell standard of quality and good taste. Completed articles may be sold at retail boutiques and craft fairs, or over the internet. Kimberbell limits the number of items made for resale to 200 from a single design or pattern. Mass production or use of paid workers to make any Kimberbell design for resale is prohibited.

The Kimberbell logo may not be used in a manner which might lead consumers to believe the item was made directly by Kimberbell. Persons participating in this angel policy assume all liability for their work and agree to full responsibility if disputes arise from their work.

Kimberbell Designs may amend its policies governing the use of our copyrighted designs and instructions at any time. Any amendment to the angel policy becomes effective upon publication and will be posted on kimberbell.com.

© 2021 Kimberbell Designs

All Kimberbell designs, images, pattern instructions, and software including electronic files, are copyrighted by Kimberbell Designs and are therefore protected by copyright law. Altering, selling, trading, or transferring copies of our designs is a violation of copyright law. Kimberbell works hard to ship orders efficiently and in a timely manner. If a wholesale customer has limiting requirements of volume being shipped at one time, it is up to that customer to manage their ordering in a way that will meet individual needs. Kimberbell will not hold product orders, if available to ship.  When we receive additional orders before a previous order has shipped, Kimberbell may combine the orders into one shipment to save on costs as well as simplify packaging and tracking. We have implemented the following:

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

Shipping Damages

Upon receipt of Kimberbell product, please inventory order for accuracy and potential damage.  In the event there is damaged, or missing items, please take a photo and contact Kimberbell Customer Care at 435.932.6517 or email us at [email protected] within 48 hours of receipt.  Photos and order number may be requested so a claim may be filled if necessary.  If the box is damaged upon delivery (please refuse).  If that is not an option, please take pictures upon delivery of the condition of the box before opening it as well as the condition of the contents inside the box (this information is always requested by the shipping carrier).  Please do not dispose of any damaged boxes which can be requested as part of the claim’s investigation

Canceling/Changing Your Order:

Please contact us to see if your order has started to be processed. In the event that it has not been started, we will be more than happy to make changes to your order within 24 hours of the order being placed.

COPPA (Children Online Privacy Protection Act):

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices:

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act:

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
You are welcome to return unopened, unstickered, unused, unmarked, OR undamaged product that is in its original packaging and that is in resalable condition within 30 days of purchasing it.  Once we have received the product back, a credit will be issued in the original form of payment.

*If you purchased Kimberbell product from a distributor, please contact the distributor with any issues or concerns.

Defective Product:
If you receive a defective product, please notify us within 48 hours of receiving your order.  We will replace the product, or a credit will be given.

Shipping Damages:
Upon receipt of Kimberbell product, please inventory order for accuracy and potential damage.  In the event there is damaged, or missing items, please take a photo and contact Kimberbell Customer Care at 435.932.6517 or email us at [email protected] within 48 hours of receipt.  Photos and order number may be requested so a claim may be filled if necessary.  If the box is damaged upon delivery (please refuse).  If that is not an option, please take pictures upon delivery of the condition of the box before opening it as well as the condition of the contents inside the box (this information is always requested by the shipping carrier).  Please do not dispose of any damaged boxes which can be requested as part of the claim’s investigation.

Canceling/Changing Your Order:
Please contact us to see if your order has started to be processed. In the event that it has not been started, we will be more than happy to make changes to your order within 24 hours of the order being placed.

Cancellation charge for orders:
There will be a $20 charge for orders that have been cancelled after shipment.

Returning product from end users:
We want to make sure your customers are satisfied and develop a relationship with their local quilt shop.  When your customer contacts us with an issue or concern, we will direct them back to you so that you have the opportunity to make it right for them.  We are happy to assist when we are needed.

Certified Event Kits return policy:
Please contact our Events Team for further information at 435.915.6741 or [email protected]

1. Unopened Event Project kits may be returned up to 14 calendar days after the card on file has been charged and after the last day of your event for a full refund of the kits returned.
2. Event Project Kits received 15 or more calendar days after the last day of the event will be charged a 25% stocking fee based on the total amount of kits returned.
3. No returns will be accepted 45 calendar days after the last day of the event. Kits returned after 45 calendar days will be returned to the shop and your card on file will be charged the return shipping fees.
4. Retired Certified Event Kits may not be returned.

Regular Returns:

Any product returns must be pre-authorized by Kimberbell prior to return or they may not be accepted and returned at the customer’s cost. Returned product must be unopened, unused, unmarked, undamaged, in its original packaging, and currently stocked by Kimberbell. Product returns must be within 90 days of purchase.

Once approved, Kimberbell will issue a Return Merchandise Authorization (RMA) for the product return. Authorized merchandise must be shipped back to Kimberbell within 10 business days after approval with the RMA number on the label. Once authorized merchandise has been received, a credit will be issued.

A 15% restocking fee will be charged on all returned products.

Defective Product:

If you receive a defective product, please notify us within 14 days of receiving your order. We will replace the product, or a credit will be given.

Shipping Damages:

Upon receipt of Kimberbell product, please verify your order for accuracy and potential damage. In the event there is damaged or missing items, please take a photo and contact Kimberbell at 435-915-6741 or email us at [email protected] within 14 days of receipt. Photos and order number may be requested so a claim may be filed, if necessary. If the box is damaged upon delivery, please refuse. If that is not an option, please take pictures upon delivery of the condition of the box before opening it, as well as the condition of the contents inside the box (this information is always requested by the shipping carrier). Please do not dispose of any damaged boxes which may be requested as part of the claim’s investigation.

Cancelling/Changing Your Order:

Changes to your order may be made within 24 hours of the order being placed. Once the order has been processed or shipped, a 15% restocking fee and any accumulated freight will be charged for all cancelled orders.

Shipped by Kimberbell in Error

Items shipped by Kimberbell in error will be given full credit upon arrival back to Kimberbell. Kimberbell will provide a pre-paid shipping label to return the product shipped in error. WHEREAS Kimberbell Kids LLC (Kimberbell) manufactures and/or sells Kimberbell® branded sewing and embroidery products and accessories (“Products”); and is continually adding new products, it has become necessary to update our Terms & Conditions. We believe these updates will help us provide better service to our customers.

1. Authorization. Your access to and use of this website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all wholesale customers, distributors, partners, and end-consumers, who access or use this site. If you do not agree, you can close your account at any time by contacting Kimberbell’s Customer Care at 435-915-6741.
2. Term and Termination. The new Terms & Conditions will go into effect on September 1, 2020. Current sellers ON or TO Amazon shall immediately discontinue all listings of Kimberbell branded products on all Amazon sites by September 1, 2020. Please read over these Terms and Conditions carefully before logging into your account at https://kimberbell.com operated by Kimberbell.
3. Third-Party Reselling of Kimberbell Products
   1. There will be NO selling Kimberbell products TO Amazon, no selling Kimberbell products ON Amazon, and no selling Kimberbell products to unauthorized third-party sellers to resell on Amazon by wholesale customers, distributors, partners, or end-consumers.
   2. Other third-party reselling sites are allowed at this time. Kimberbell reserves the right to restrict the sale of its products on other third-party reselling sites in the future.
   3. Kimberbell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kimberbellshall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
   4. The policies set forth here supersede any previous authorizations granted by Kimberbell in the past without exception.
4. Trademarks and Advertising. The Kimberbell logo is a registered trademark of Kimberbell. To ensure quality consistency for the brand, we have established the following guidelines:
   1. Kimberbell will offer branded merchandising for shops to purchase including tablecloths, vinyl banners, t-shirts, and other product displays.
   2. Requests for use of the logo beyond the marketing images and merchandising provided by Kimberbell, must be submitted in writing for permission.
   3. The Kimberbell logo may only be used by authorized partners with written consent. Approved partners will be given our Acceptable Use Policy which includes logo size and spacing requirements, pantone colors, and other general guidelines for use.
5. Return Policy.   See below “Wholesale Return Policy”
6. Privacy Policy. See below “Privacy Policy”
7. Changes.  We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made, we will make an attempt to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a change will be determined at our sole discretion.
8. Remedies for Breach. In the event of breach, the parties agree that Kimberbell shall be entitled to elect actual or liquidated damages. The parties also acknowledge that Kimberbell may seek injunctive relief for such a breach. In no event shall Kimberbell be precluded from seeking actual damages, which include, but are not limited to expectancy interest, lost profits, and incidental and consequential loss.
9. Attorneys’ Fees. In the event it becomes necessary to enforce this Agreement due to breach, Kimberbell shall be entitled to reasonable attorney fees, costs, and expenses incurred as a result.

For questions about any of the Terms, please contact us at 435-915-6741 or [email protected].