These terms and conditions (“Terms”) are between you and Spoonflower Inc.
("Spoonflower" or "Us") and govern our respective rights and obligations with
regards to your membership in the Spoonflower PRO program (“PRO” or “Spoonflower PRO”).
Please note that your use of the Spoonflower.com website and PRO membership are
also governed by the agreements listed and linked to below. If you sign up for
a PRO membership, you thereby also accept these terms, conditions, limitations
Membership and Cancellation
The initial term for your PRO membership will be one year from the Effective
Date of your membership. The Effective Date will be the date you sign-up during
registration. You may cancel your PRO membership any time by visiting the Account
section of My Studio and updating your membership settings. If you cancel your
PRO membership within 3 business days of your Effective Date, we will refund
your membership fee. Spoonflower may withhold from your refund the value of
any benefits your received from your PRO membership prior to cancellation,
including without limitation any shipping discounts you received. If you
cancel your PRO membership more than three business days after the Effective
Date, Spoonflower is not obligated to refund any of your membership fee.
Shipping Benefits and Eligible Purchases
By purchasing a Spoonflower PRO membership, you will receive certain PRO
membership benefits, as described in these Terms or otherwise communicated to
you by Spoonflower, beginning on the Effective Date of your membership and
continuing on until your membership is cancelled. You will receive free
“Standard Shipping” and half-priced express service shipping (“Guaranteed Delivery”
or “Rush” delivery options) on your orders. The different delivery options
and associated delivery timelines will be as specified on the Spoonflower.com
website. Your PRO membership will also entitle you to receive a five business
day turnaround time (that is the time from the placement of the order until it
is ready to ship) on standard orders. Orders containing 20 yards or more of
fabric, or 180 feet of wallpaper, will be subject to an additional two (2)
business day turnaround allowance for shipment. Shipping benefits and turnaround
times, in some rare cases, may depend upon inventory availability, order deadlines,
shipping carrier delays, the shipping address information that you provided for
your order and other force majeure events, all of which are beyond Spoonflower’s
control. Changing or combining orders, or changing your shipping address,
shipping speed, or preferences might also affect our ability to meet the
shipping timelines provided by your PRO membership. Spoonflower will not be
liable, including without limitation for any refund of your membership fee,
for shipping delays or delays in the turnaround time that are outside of its
control. Some special product, order, handling fees, and/or taxes may still
apply to purchases that are otherwise eligible for PRO membership benefits.
Please note that certain purchases may only be entitled to Standard
Shipping because of their size, weight, or other shipping characteristics.
We may exclude orders with special shipping characteristics from the benefits
of PRO membership at our reasonable discretion. Spoonflower will make reasonable
efforts to communicate with you in a timely manner if your order is not eligible
for certain PRO membership benefits.
- We reserve the right to accept or refuse PRO membership at our discretion
- We may proactively send you email and other communications related to your PRO
membership (regardless of any settings or preferences related to your account).
- You may not transfer or assign your PRO membership, or the benefits assigned,
to any other Spoonflower account.
- From time to time, Spoonflower may choose in its sole discretion to add,
change, or remove PRO membership benefits. All PRO members will receive
prior notification should any changes occur.
- PRO membership benefits, unless otherwise indicated by Spoonflower, shall
apply only to orders placed directly through the www.spoonflower.com
website and shall not apply to orders placed through any other website,
including without limitation, through orders placed with Spoonflower’s
related companies SproutPatterns and/or Roostery.
Fees and Renewal
The membership fee for PRO is stated in our Help pages. From time to time,
Spoonflower may offer different membership terms or programs, and the fees
for such memberships or programs may vary. The PRO membership fee is
non-refundable except as expressly set forth in these Terms. All customs
fees and state or local taxes are the responsibility of the purchaser.
Spoonflower only accepts credit cards, or eligible debit cards, PayPal, and
Spoondollars as methods of payment for your PRO membership. All credit card
payments are processed using PayPal.
Unless you cancel your PRO membership or update your Account to indicate
your desire not to renew, all PRO memberships will auto-renew on your the
anniversary date of your Effective Date. You agree to pay the amounts due
for the renewal of your membership. From time to time, Spoonflower may
offer different membership terms, discounts or programs. If you purchased
a Spoonflower PRO membership at a discounted rate, your account will
auto-renew at the current price of the annual membership, and not at the
discounted price that was initially offered. If all credit cards we have
on file for you are declined for payment of your membership fee, you must
provide us a new credit card promptly or your membership will be canceled,
and you will stop receiving all PRO membership benefits for orders placed
on your Spoonflower account (ex. you will no longer receive free shipping
and other benefits for future orders placed after your PRO membership
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT
TO AUTO RENEW, YOU UNDERSTAND YOUR PRO MEMBERSHIP WILL AUTOMATICALLY CONTINUE
AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW)
TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT
CARD WE HAVE ON RECORD FOR YOU.
Spoonflower may sometimes offer certain customers various trial or other
promotional memberships, which are subject to these Terms except as otherwise
stated in the promotional offers. Promotional rates are a one time offer for
membership, and accounts will renew at the current full priced rate of PRO at
the time of renewal.
Acceptance of Terms; Modification to Terms
By subscribing to and using the Spoonflower PRO membership benefits,
you are indicating your agreement to be bound by these Terms and all revisions
thereof. If you do not agree to these Terms, do not accept them and cancel your
We may modify the Terms at any time. If the modifications to the Terms
constitute a material change, in Spoonflower’s good faith reasonable judgment,
Spoonflower will notify you via email or by posting a notice on the Site. You
should review these Terms from time to time so that you understand the terms
and conditions of your use of the Site and membership in PRO. If you do not
agree to any amendment of these Terms, you must immediately stop using the
Site and contact email@example.com. Your continued use of the Site and
Spoonflower PRO membership benefits after any modification to these Terms
constitutes acceptance of the amended Terms. If you ever have any questions
about these Terms, please do not hesitate to contact us firstname.lastname@example.org.
If any part of these Terms, or any change to these terms is found to be
invalid, void, or for any reason unenforceable, that change portion of the
Terms is severable and will not affect the validity and/or enforceability
of any remaining terms or conditions.
Termination by Us
We may terminate your PRO membership at our discretion without notice. If
we do so, we will give you a prorated refund based on the number of full
months remaining in your membership. However, we will not give any refund for
termination related to your conduct that we determine, at our discretion,
violates these Terms, the Spoonflower site Terms of Service Agreement, the
Spoonflower Seller Agreement, or any applicable law, involves fraud or misuse
of the PRO membership, or is harmful to our interests or another user. Our
failure to insist upon or enforce your strict compliance with these Terms or
any of the other agreements between you and Spoonflower will not constitute a
waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SPOONFLOWER SITE TERMS
OF SERVICE AGREEMENT, THE SPOONFLOWER SELLER’S AGREEMENT OR ANY OTHER AGREEMENT
BETWEEN YOU AND SPOONFLOWER, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, ARISING OUT OF OR RELATED TO SPOONFLOWER PRO ACCOUNT OUR TOTAL
LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS
OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE
CANCELLATION OR TERMINATION OF YOUR PRO MEMBERSHIP. CERTAIN STATE LAWS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.