Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Simply Pencils!

The terms “we,” “us,” and “our” refer to Simply Pencils, operated by Creations 101, Inc. Simply Pencils operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Simply Pencils is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately describe and represent our products.

However, colors and product appearance may vary from how they appear on your computer monitor, phone, tablet, or other screen due to differences in devices, display settings, lighting, photography, and other factors.

Small color differences may also occur between manufacturing batches.

Natural wood products may vary in grain, color, tone, texture, and appearance. Because laser engraving interacts with the material being engraved, normal variations in the darkness, appearance, or character of an engraving may also occur.

These normal variations are part of the nature of the materials and manufacturing processes and are not considered product defects.

We do not guarantee that the appearance of a product will be identical to its photographic or digital representation.

All product descriptions are subject to change without notice. We reserve the right to discontinue products and may limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS AND PERSONALIZATION

When you place an order, you are making an offer to purchase. Simply Pencils reserves the right to accept or decline an order at its discretion, subject to applicable law. Your order is not accepted until Simply Pencils confirms acceptance and payment has been successfully processed.

Please carefully review your order before submitting it.

Many Simply Pencils products are engraved or otherwise made specifically for an individual order, and production may begin shortly after an order is received.

For personalized products, the personalization, spelling, names, dates, punctuation, capitalization, colors, icons, quantities, and other selections submitted with your order become the production specifications for that order.

To reduce transcription errors, we copy and paste customer-provided personalization directly from the order into our production software whenever reasonably possible.

We do not routinely correct customer-provided spelling, grammar, names, dates, punctuation, or wording because we do not want to guess what a customer intended.

Customers are responsible for reviewing their personalization and other selections for accuracy before submitting an order.

If a finished product matches the personalization and selections submitted with the order, the product is considered correctly produced even if the submitted information contained an error.

If Simply Pencils incorrectly reproduces the personalization or selections submitted with your order, please contact us. If the mistake is ours, we will make it right in accordance with our Return & Refund Policy.

Because personalized text can vary substantially in length and content, we may make reasonable adjustments to font size, spacing, alignment, line breaks, icon placement, or other layout details when necessary to create an appropriate engraving.

Unless specifically stated otherwise in a product listing, a digital proof is not provided before production.

If an order contains an unsupported character, symbol, icon, personalization request, or other element that cannot reasonably be produced as submitted, we may contact you for clarification before proceeding.

We may be unable to accommodate changes or cancellation requests after an order has been accepted or production has begun. Please contact us immediately if you discover an error after submitting your order.

Purchases, returns, replacements, exchanges, and refunds are subject to our Return & Refund Policy.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices offered through Simply Pencils may differ from prices for products offered through other marketplaces, sales channels, physical locations, or third-party platforms.

We may occasionally offer promotions subject to additional terms and conditions. If specific promotional terms conflict with these Terms, the promotional terms will govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, account, and shipping information for purchases made through our store.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges properly incurred through your order will be honored.

SECTION 5 – SHIPPING AND DELIVERY

Our standard processing time, available shipping methods, tracking practices, international shipping information, local pickup information, and other delivery details are described in our Shipping Policy.

Processing times and carrier transit times are separate. Delivery dates and carrier transit times are estimates unless expressly guaranteed by the applicable shipping service.

Carrier delays, severe weather, customs processing, transportation disruptions, holidays, and other circumstances outside our direct control may affect delivery.

All orders shipped through USPS include tracking. Tracking information may be created before USPS performs its first physical scan.

Customers are responsible for providing a complete and accurate shipping address. If you discover an address error, please contact us immediately. We will attempt to correct it if the order has not yet shipped.

If a package appears to be lost, damaged, or unusually delayed, please contact us so we can review the situation and help determine the appropriate next step.

Additional information is available in our Shipping Policy and Return & Refund Policy.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product photographs, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Simply Pencils, Creations 101, Inc., their affiliates or licensors, as applicable, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with our prior written consent.

Nothing in these Terms grants you a license or other right under any patent, trademark, copyright, or other intellectual property belonging to Simply Pencils, Creations 101, Inc., Shopify, or any third party.

Simply Pencils names, logos, product or service names, designs, and slogans may be trademarks or other intellectual property belonging to Simply Pencils, Creations 101, Inc., or their respective licensors. Shopify's names, logos, products, service names, designs, and slogans are trademarks of Shopify. Other names, logos, products, service names, designs, and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services over which we may have limited or no control.

Access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement.

Your use of third-party tools is subject to the terms and policies of the applicable third-party provider.

We may offer new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, links, or functionality provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites or services you choose to access.

If you leave our Services to access a third-party website or service, your use of that third party's services is subject to its own terms and policies.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Simply Pencils is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Simply Pencils. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Simply Pencils, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Simply Pencils.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy. Because our Services are hosted by Shopify, Shopify collects and processes certain personal information concerning access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including providers that may operate in countries other than the country in which you reside.

Please review our Privacy Policy for additional information regarding how we and our service providers collect, use, and process personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to operating, evaluating, improving, and promoting the Services, subject to applicable law.

You represent that you own or have the rights necessary to provide such Feedback and that your Feedback does not violate the rights of another person or entity.

Feedback must not contain unlawful, abusive, defamatory, obscene, malicious, infringing, or otherwise prohibited content or malicious software.

You may not use a false identity or intentionally misrepresent the source of Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right, subject to applicable law, to correct errors, inaccuracies, or omissions and to change or update information when necessary.

If an error materially affects an order you have already submitted, we will take reasonable steps to contact you when appropriate.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe the intellectual property or other rights of another party; harass, abuse, threaten, defame, or harm another person; transmit intentionally false or misleading information; distribute malicious software; impersonate another person or entity; send spam or other unauthorized solicitations; collect personal information unlawfully; interfere with the security or operation of the Services; or engage in other conduct that unlawfully interferes with another person's use of the Services.

You may not circumvent security or authorization measures used to protect the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 – AGENTS

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

No Agent may access, use, or interact with the Services unless it appropriately identifies itself and complies with applicable technical requirements.

Agents must not conceal or misrepresent automated access, circumvent CAPTCHAs or similar measures intended to distinguish automated access from human access, or circumvent measures designed to limit or control automated access to the Services.

We may limit, including through technical measures, whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or suspend or terminate access to the Services, or any portion thereof, when permitted by applicable law, including in response to violations of these Terms.

You remain responsible for amounts properly due for purchases or other obligations incurred before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and other continuing rights and obligations.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY SIMPLY PENCILS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

Nothing in these Terms is intended to exclude or limit warranties or other consumer rights that cannot lawfully be excluded.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLY PENCILS, CREATIONS 101, INC., AND THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by applicable law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Simply Pencils, Creations 101, Inc., Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, or reasonable attorneys' fees arising from your material breach of these Terms, violation of applicable law, violation of a third party's rights, or misuse of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms.

Such a determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and the policies or operating rules posted by us concerning the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements, communications, and proposals relating to the Services.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which Simply Pencils provides Services will be governed by and construed in accordance with applicable United States federal law and the laws of the State of Wisconsin, without limiting any consumer protections or rights that must apply under the laws of the jurisdiction in which a customer resides.

To the extent permitted by applicable law, disputes subject to court proceedings will be brought in an appropriate state or federal court having jurisdiction in Wisconsin.

SECTION 23 – HEADINGS

Headings used in these Terms are provided for convenience and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide appropriate notice of material changes. Changes will become effective as stated in the applicable notice or, where no additional notice is legally required, when posted.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to us at:

Simply Pencils
Operated by Creations 101, Inc.
hello@simplypencils.com
E8314 Seefeld Rd, Pole Barn
New London, WI 54961
United States
(262) 457-2070