Terms And Conditions
Welcome to Emberly. These Terms and Conditions ("Terms") govern your use of myemberly.com (the "Site") and any purchase you make from us. Please read them carefully — by using this Site or placing an order, you agree to be bound by these Terms, our Privacy Policy, Shipping Policy, Refund and Return Policy, and Payment Policy, all of which are incorporated by reference.
If you do not agree to these Terms, please do not use the Site or place an order.
1. ABOUT US AND THESE TERMS
1.1. These Terms apply to all visitors, customers, and content contributors ("you" or "Customer") who use myemberly.com or place an order with Emberly ("Emberly," "we," "us," or "our").
1.2. By using our Site, browsing our products, or placing an order, you confirm that you have read, understood, and agreed to these Terms in their entirety.
1.3. You must be at least 18 years of age, legally capable of entering into a binding contract, and not under any legal guardianship to use this Site or place an order.
1.4. We reserve the right to update these Terms at any time, at our sole discretion. The version of these Terms in effect on the date you place an order is the version that applies to that order. Continued use of the Site after updates constitutes your acceptance of the revised Terms.
1.5. Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell products to you. Your use of the Shopify platform is also subject to Shopify's terms of service.
2. PRODUCTS AND PRICING
2.1. We sell the Emberly Stitch Book Kit and related products designed for adult use. All products are subject to availability, and we reserve the right to discontinue, modify, or limit the sale of any product at any time, in any geography, without prior notice.
2.2. We strive to display product colors, dimensions, and images as accurately as possible. However, slight variations may occur depending on your device, screen, and lighting. Such variations do not constitute a defect or grounds for refund outside the terms of our Refund and Return Policy.
2.3. All prices are displayed in U.S. Dollars (USD) and are subject to change at our sole discretion without prior notice. The price in effect at the time you complete checkout is the price that applies to your order.
2.4. We make every reasonable effort to ensure accuracy on our Site, but errors and omissions may occur. We reserve the right to correct any pricing, product, or content errors, and to cancel any order placed on the basis of incorrect information — including but not limited to incorrect pricing, even after the order has been confirmed. In such cases, we will issue a full refund to your original payment method.
2.5. Promotions, discount codes, and free items are valid only as stated, cannot be combined unless explicitly permitted, and may be modified or canceled at any time.
3. ORDERS AND ACCEPTANCE
3.1. Orders are placed through myemberly.com. By submitting an order, you make an offer to purchase the products at the prices and on the terms displayed at checkout. We accept your order when we send you an order confirmation email. No contract is formed until that confirmation is sent.
3.2. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including but not limited to orders that appear fraudulent, are placed by resellers, exceed reasonable quantity limits, contain pricing errors, or come from regions we do not serve. If we cancel an order after payment, we will refund the full amount to your original payment method.
3.3. All orders are processed immediately upon submission. Orders cannot be canceled, modified, or edited after they are placed — including changes to products, quantities, shipping addresses, billing details, or partial or full cancellation. If you no longer wish to keep your order, you must wait for delivery and follow our Refund and Return Policy.
3.4. By placing an order, you confirm that:
- You are the authorized holder of the payment method used at checkout
- All information you provide is accurate, complete, and current
- You are at least 18 years of age
- You agree to these Terms and all incorporated policies
4. PAYMENT
4.1. We accept all major credit and debit cards, PayPal, Shop Pay, Apple Pay, and Google Pay. All transactions are processed in U.S. Dollars (USD).
4.2. Payment processing, security, fraud screening, authorization holds, card statement descriptors, and related matters are governed by our Payment Policy.
4.3. We reserve the right to verify any payment method and to decline, hold, or cancel any order that fails fraud screening or authorization checks.
5. SHIPPING AND DELIVERY
5.1. We ship within the United States only. Orders are processed within 1 to 3 business days, and standard delivery typically takes 7 to 15 business days from the date of shipment. Total delivery time is typically 8 to 18 business days from the date of purchase.
5.2. Full shipping terms, including delivery windows, carrier responsibility, lost-package procedures, address accuracy, holiday timing, and force majeure events, are governed by our Shipping Policy.
5.3. Risk of loss for any product passes to you upon delivery to the address provided at checkout, or upon first delivery attempt if the package is not successfully received due to address error, refusal, or recipient unavailability.
6. RETURNS, REFUNDS, AND THE 90-DAY GUARANTEE
6.1. Emberly offers a 90-day return window. If you are not satisfied with your purchase, you may request a return within 90 days of the original purchase date, subject to the eligibility conditions in our Refund and Return Policy.
6.2. Eligibility requirements, return procedure, the requirement to obtain a Return Merchandise Authorization (RMA) number before shipping any return, refund timing, restocking fees, bundle returns, damaged or defective product procedures, and all other refund matters are governed by our Refund and Return Policy.
6.3. Returns sent without a valid RMA number will not be accepted and will not be eligible for a refund.
7. INTELLECTUAL PROPERTY
7.1. All content on myemberly.com — including but not limited to text, graphics, logos, photographs, embroidery patterns, designs, software, and the Emberly name and trademarks — is the exclusive property of Emberly or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws.
7.2. All embroidery patterns sold by Emberly are 100% original, human-designed works. We do not use AI-generated patterns, stolen designs, or third-party templates without proper licensing. Any unauthorized reproduction, distribution, modification, or commercial use of our designs is strictly prohibited and will be pursued to the fullest extent of the law.
7.3. You may use our content solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, transmit, modify, create derivative works from, sell, or exploit any portion of our Site or its content without our express prior written permission.
7.4. The purchase of an Emberly Stitch Book Kit grants you a personal, non-transferable license to use the embroidery patterns for your own personal enjoyment. It does not grant any right to reproduce, resell, teach from, or commercially exploit the designs.
8. USER CONTENT
8.1. If you submit reviews, photos, videos, suggestions, comments, or any other content to us or through our Site ("User Content"), you grant Emberly a perpetual, non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display that content in any media, including for marketing and advertising purposes, without further notice or compensation to you.
8.2. By submitting User Content, you represent and warrant that: (a) the content is your original work or you have all necessary rights to submit it; (b) it does not violate the rights of any third party, including copyright, trademark, privacy, or publicity rights; (c) it is not defamatory, offensive, obscene, or unlawful; and (d) it does not contain malicious code or harmful material.
8.3. We reserve the right to review, edit, refuse, or remove any User Content at our sole discretion. We are not obligated to publish or retain any submission.
9. PROHIBITED USES
9.1. You may not use our Site, our products, or any content from our Site to: (a) violate any applicable law, regulation, or third-party right; (b) infringe on intellectual property; (c) harass, abuse, defame, or discriminate against any person or group; (d) submit false, misleading, or fraudulent information; (e) transmit viruses, malware, or any code intended to damage or disrupt; (f) collect personal information of others without consent; (g) scrape, crawl, or use automated tools to access or copy Site content; (h) interfere with the security or functionality of the Site; (i) reverse-engineer or attempt to bypass any technical measures; or (j) compete with our business using our content or designs.
9.2. Violation of this section may result in immediate termination of your access to the Site and may give rise to civil or criminal liability.
10. LIMITATION OF LIABILITY
10.1. To the fullest extent permitted by law, Emberly, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including but not limited to loss of profits, loss of opportunity, loss of data, or loss of goodwill — arising from your use of the Site, your purchase of any product, or any breach of these Terms, even if we have been advised of the possibility of such damages.
10.2. Our maximum aggregate liability to you for any claim arising from these Terms, your use of the Site, or your purchase of any product shall not exceed the total amount you paid for the order giving rise to the claim.
10.3. The Site and all products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components, nor do we warrant any specific results from the use of our products.
10.4. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.
11. FORCE MAJEURE
11.1. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, government actions, war, terrorism, civil unrest, labor strikes, transportation disruptions, supply chain failures, internet or utility outages, cyberattacks, and carrier delays. In such cases, our performance obligations are suspended for the duration of the event, and we will resume performance as soon as reasonably practicable.
12. INDEMNIFICATION
12.1. You agree to defend, indemnify, and hold harmless Emberly and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claim, demand, loss, liability, damage, or expense — including reasonable attorneys' fees and court costs — arising from or related to: (a) your breach of these Terms or any incorporated policy; (b) your violation of any law or third-party right; (c) your User Content; (d) your misuse of the Site or our products; or (e) any fraudulent or unauthorized use of your payment method.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION
Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court or participate in a class action.
13.1. Step 1 — Direct Contact. If you have any concern, complaint, or dispute with Emberly, you agree to contact us first at support@myemberly.com and provide us with a reasonable opportunity to resolve the matter before initiating any formal proceeding, including any chargeback with your bank or credit card company. We respond to every inquiry within one business day and resolve almost every issue within 48 hours.
13.2. Step 2 — Informal Resolution. If we cannot resolve the matter through direct contact, you and Emberly agree to engage in good-faith informal negotiation for at least 30 days before initiating any formal dispute proceeding.
13.3. Step 3 — Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, our Site, our products, or any transaction between you and Emberly that cannot be resolved under sections 13.1 and 13.2 shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Bergen County, New Jersey, or by video conference at the arbitrator's discretion. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
13.4. Class Action Waiver. You and Emberly each agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
13.5. Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive relief in court to protect intellectual property rights.
13.6. Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@myemberly.com within 30 days of your first purchase, stating clearly that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict-of-law principles. Subject to the arbitration provisions in Section 13, the exclusive jurisdiction for any non-arbitrable dispute lies with the state and federal courts located in Bergen County, New Jersey, and you consent to the personal jurisdiction of those courts.
14.2. Nothing in these Terms limits any non-waivable consumer protection rights afforded to you by the mandatory laws of your state of residence.
15. THIRD-PARTY LINKS AND SERVICES
15.1. Our Site may contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party site or service, and your interactions with those third parties are governed by their own terms and policies.
16. PRIVACY
16.1. Your privacy is important to us. The collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
17. COOKIES
17.1. Our Site uses cookies to improve your browsing experience, remember your cart, and analyze how customers use the Site. Cookies are small files stored on your device when you visit our Site.
17.2. We use technical cookies necessary for the Site to function, analytical cookies to understand user behavior, and third-party cookies from services such as Google Analytics, Meta, and Shopify. You can manage, block, or delete cookies through your browser settings, though disabling cookies may affect Site functionality. Full details are in our Privacy Policy.
18. NOTICES
18.1. Any notice we are required to send you under these Terms will be sent to the email address associated with your most recent order. Notices are deemed received 24 hours after sending.
18.2. Any notice you are required to send us under these Terms must be sent to support@myemberly.com and to our mailing address at the bottom of this page. Notices are deemed received when we acknowledge receipt or three business days after sending, whichever is earlier.
19. SEVERABILITY
19.1. If any provision of these Terms is found to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
20. ENTIRE AGREEMENT
20.1. These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and Payment Policy, constitute the entire agreement between you and Emberly relating to your use of the Site and your purchase of our products, and supersede all prior agreements, communications, and representations.
20.2. No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision.
21. TERMINATION
21.1. We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms.
21.2. You may stop using the Site at any time. Termination does not affect any obligation accrued before termination, including outstanding orders, payment obligations, indemnification, intellectual property provisions, and dispute resolution clauses, all of which survive termination.
22. ASSIGNMENT
22.1. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any successor, affiliate, or purchaser of our business without restriction.
23. CONTACT
For any question about these Terms:
Email: support@myemberly.com Response time: within 1 business day
Mailing Address: 30 N Gould St
Sheridan, WY 82801-6317, US
Emberly is a trade name of EXOMEDIA LLC, a Wyoming limited liability company.