Terms of service

Effective Date: January 01 2020
Seller / Owner: CAJ Creative Marketing LLC ("we," "our," or "us")
Location: Austin, Texas, United States
Website / Shop: byalondra.com
Contact: support@byalondra.com

By purchasing, accessing, or downloading any digital product from our shop, you agree to these Terms & Conditions ("Terms"). If you do not agree, do not purchase or use our products.

1) Scope of Products

These Terms apply to all digital products sold by us, including without limitation:

  • graphic art / printable art
  • digital downloads (JPG, PNG, PDF, SVG, ZIP files, etc.)
  • ebooks and other written or creative digital materials
  • templates, planners, patterns, mockups, clipart, design files, and any other creative works we offer

All art, writing, creative works, and intellectual property purchased from us are licensed to you for personal use only. When you buy any digital product—including art, designs, text, templates, or other creative materials—you are not buying ownership rights. You may not resell, redistribute, share, sublicense, or use any of our art, writing, or creative work for any commercial purpose whatsoever. Commercial use, including reproduction for business, marketing, or profit, is strictly prohibited unless you have obtained our explicit written permission in advance. Any unauthorized commercial use or distribution violates these terms and may result in legal action.

2) Acceptance of Terms

You agree that by:

  • submitting payment, and/or
  • creating an account, and/or
  • downloading or accessing any product,

You are entering a legally binding agreement with us.

3) Eligibility & Accounts

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase.
  • You are responsible for maintaining the confidentiality of your account credentials (if applicable).
  • You agree to provide accurate and current information for checkout.

4) Ordering, Delivery, and Availability

  • Digital products are delivered electronically. Delivery timing may vary by platform (Shopify/Etsy/Amazon/etc.).
  • Access is delivered via download links and/or files available on your account/order confirmation page.
  • We do not guarantee product downloads beyond reasonable access provided through the marketplace or our platform.
  • You are responsible for having the device/software required to view and use the purchased files.

No Physical Shipping: Digital products are not shipped physically.

5) Pricing & Taxes

  • Prices are listed in the currency shown on the applicable platform.
  • Taxes (including VAT/GST where applicable) may apply and are calculated at checkout depending on your location and the platform's settings.

6) Digital Product License (Important)

By purchasing, you receive a limited, non-exclusive, non-transferable, revocable license for personal or commercial use only as explicitly permitted in the product listing and/or product-specific license terms (if provided).

Unless a product listing clearly states otherwise, the default license is:

A. Permitted Uses (Default License)

Unless restricted in the listing, you may:

  • Download the purchased file for your own use.
  • Print for personal use (where applicable)
  • Display finished work you create using the product for personal use or sale of finished end-products only if clearly allowed by the listing

B. Prohibited Uses (Default License)

You may not:

  • resell, redistribute, sublicense, or share the original files or substantially similar files
  • claim authorship/ownership of the original designs
  • Use the digital files to create "standalone" products that reproduce the original artwork "as-is" (for example, selling the same design file, clipart set, template files, or near-identical versions)
  • upload the digital files to print-on-demand marketplaces in a way that reproduces the original artwork, unless the listing expressly permits it
  • create derivative works that replicate the design in a way that replaces the value of the original file (for example, selling the same artwork or a close variation of it as a product file pack)
  • remove or alter watermarks, copyright notices, or identifying marks (if present)

Note: If you need a specific license (e.g., extensive commercial usage, merchandise rights, POD rights, broadcast/paid ads rights), contact us at support@byalondra.com to request permission.

C. Ownership

  • All intellectual property rights, copyrights, trademarks, and other rights remain with us (the creator/licensor) unless explicitly transferred by written agreement.
  • You do not obtain ownership of the underlying art, files, or intellectual property.

7) Intellectual Property & Copyright Enforcement

  • Applicable copyright and intellectual property laws protect our digital artworks and ebooks.
  • Unauthorized copying, distribution, or use may subject you to legal action.
  • We may pursue enforcement of our rights, including takedown requests to platforms and legal remedies.

8) Refunds, Returns, and Cancellations

Because digital products are delivered electronically:

  • All sales are final once the digital product has been delivered or download access has been provided.
  • Refunds or cancellations may be considered only if:
  • The product is defective due to a clear technical issue on our side, or
  • You report an issue quickly after purchase, and the marketplace rules allow it.

To request help, contact support@byalondra.com with:

  • order number
  • file name(s)
  • a brief description of the problem

9) User Responsibilities & Risk

You are responsible for:

  • ensuring you have the rights to use the purchased files in the manner you intend (based on the license in the listing)
  • compliance with all applicable laws and platform policies
  • backing up downloaded files

We are not responsible for lost files due to device failure, account issues, or user error.

10) Third-Party Platforms

Purchases may be made through third-party marketplaces (such as Shopify, Etsy, Amazon, or social media checkout). Where applicable:

  • That platform processes your transaction, and
  • The platform's policies may also apply.

We are not responsible for errors, delays, or limitations caused by third-party platforms.

11) Disclaimers

To the maximum extent permitted by law:

  • Our products are provided "as is" and "as available."
  • We do not guarantee uninterrupted access, error-free operation, or that the files meet your specific purpose.
  • We disclaim liability for indirect, incidental, special, or consequential damages.

You acknowledge that:

  • Colors, print appearance, and file rendering may vary by device, printer, paper, and software settings.

12) Limitation of Liability

To the maximum extent permitted by law, we are not liable for any damages arising from:

  • your use or inability to use the digital products
  • unauthorized use by you or others
  • changes to platforms, file hosting, or download access

Our total liability, if any, will not exceed the amount you paid for the specific product giving rise to the claim.

13) Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated effective date. Continued use of the shop after changes means you accept the revised Terms.

14) International Use

We ship digitally worldwide and welcome international customers. You are responsible for complying with your local laws regarding imports, use, taxation, and copyright-related rules. If prohibited by your local law, you must not purchase or use the product.

15) Governing Law & Venue

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles.

Any dispute related to these Terms or the products will be brought in the appropriate state or federal courts located in Travis County, Texas (Austin), unless mandatory consumer-protection laws in your country require a different venue.

Important: Read the typical question for Commercial Use Clarity: 

 

Easy-to-Understand POD Terms of Service

  • Can I sell items made with this artwork?
    You may sell physical items you make yourself with this artwork (like posters or art prints) if the product page or license says it's allowed. However, you cannot use the artwork for Print-on-Demand (POD) services—this means you can't upload designs to sites like Redbubble, Society6, Printful, or any service where a company prints and ships products for you.

  • What is NOT allowed?

  • You cannot use the artwork with POD services or create listings for POD platforms.
  • You cannot use the artwork to make digital products for resale (like downloadable files or Etsy digital downloads), unless we specifically say you can.
  • You cannot use the artwork for anything not clearly allowed in your license or product description.
  • Are there rules about fonts or brands?
  • Don't use parts of the artwork that include copyrighted brands, logos, or trademarks unless you get written permission from us.
  • If the design has text or fonts, you must follow any font licensing or trademark rules—only use fonts and languages that are allowed in the product description or license.

What about privacy or cookies?
If you use cookies, analytics, or email marketing on your website, your Privacy Policy must mention this and follow the law.

This website is operated by Consuelo Alondra at byalondra.com. Throughout the site, the terms "we," "us," and "our" refer to Consuelo Alondra. Consuelo Alondra offers this website, including all information, tools, and Services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are only responsible for ensuring that the information on this site is accurate, complete, and current. The material on this site is provided for general information only. It should only be relied upon or used as the sole basis for decision-making, consulting primary, more accurate, complete, and timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that your computer's display will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at your sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account or credit card and orders using the same billing and shipping address. If we change or cancel an order, we may attempt to notify you by contacting the billing email address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control, nor have any input over.
You acknowledge and agree that we provide access to such too" as "s" an" "as av" ble" ""” w "t" out any warra "t" es, representations, or conditions of any kind and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Using the optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and features through the website (including releasing new tools and resources). Such new features and Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include third-party materials.
Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not guarantee it. We will not have any liability or responsibility for any third-party materials, websites, products, or Services.
We are not liable for any harm or damages related to purchasing or using goods, Services, resources, content, or other transactions connected with any third-party website. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by smarmily, postal mail, or otherwise (collectively' 'comments'), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to you. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the party's intellectual property or the party's Terms of Service.
You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third parties or us as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posts.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Interne . We reserve the right to terminate your use of the Service or any related website for violating the prohibited use policy.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the Service's results will be accurate or reliable.
You agree that we may temporarily remove or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as 's' an' 'as available' for your use, without any representation, 'harmattan," or condition' of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Consuelo Alondra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless consueloalondra and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonablattorneys's’ fees, made by any third party due to or arising reasonable attorneys of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
Suppose any provision of these Terms of Service is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION
For all purposes, the parties' obligations and liabilities incurred before the termination date shall survive the termination of this agreement.
These Terms of Service are in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgment, you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.