Terms and Conditions – The Kids Gallery

Last Updated: May 27, 2025

Welcome to The Kids Gallery. These Terms and Conditions (“Terms”) govern your access to and use of our services and website. By accessing our site or placing an order, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you may not use our services.

These Terms should be read in conjunction with our Privacy Policy, which outlines how we collect, use, and protect your data, including your rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

1. Overview of Services

The Kids Gallery offers personalized design services that transform children’s original artwork into professionally crafted keepsakes. These keepsakes may include, but are not limited to:

  • Hardcover books

  • Framed art prints

  • Canvases

  • Posters

  • Other tangible or digital products

We provide an end-to-end experience:

  • We send you a prepaid shipping kit to collect your child’s artwork.

  • Once we receive the box, we professionally handle and digitize the content.

  • Our design team creates a custom layout based on your preferences.

  • We share a digital proof with you for review.

  • After approval, we produce and ship your final product.

All services are carried out with care and attention to ensure that your child’s art is preserved in a meaningful and respectful way.

2. Eligibility and Age Restrictions

To use our services, you must be at least 18 years old or have permission from a parent or legal guardian. If you are placing an order on behalf of a minor, you acknowledge that you are legally authorized to do so and agree to take full responsibility for the transaction.

3. Ownership and Licensing of Artwork

You retain all ownership, copyright, and intellectual property rights to the artwork you send us. By submitting artwork, you grant The Kids Gallery and its authorized partners a non-exclusive, royalty-free, worldwide license to:

  • Digitize and edit the artwork

  • Store it temporarily for production

  • Use it for the purpose of creating and delivering your custom product

This license is limited to the services you have requested. We will never publish, sell, or display your child’s artwork publicly without your prior, explicit written consent.

4. Children’s Privacy

We are committed to protecting children’s privacy. We do not knowingly collect, store, or share personal information about children under the age of 16 without verifiable parental consent.

All artwork must be submitted by a parent, guardian, or legal representative. By submitting artwork, you confirm that you have the legal authority to do so and that you consent to our use of the artwork solely for creating your purchased product.

5. Payments and Shipping

Accepted Payment Methods

We accept payments through:

  • Credit Cards by Stripe

  • Apple Pay

  • Google Pay

Shipping

We provide free shipping for both the artwork collection kit and the final product. This includes:

  • A prepaid label to return your child’s artwork

  • Delivery of your completed product

Shipping Insurance via Third Party

If you choose to add shipping insurance at checkout, coverage will be provided by XCover through our shipping platform partner, Shippo.

Shipping insurance protects your package in the event it is lost, stolen, or damaged during transit, up to a maximum of USD $1,000.

This insurance is subject to XCover’s own terms and conditions, including specific limitations, exclusions, deductibles, and claim procedures. For example:

  • Claims must be filed within 30 days (domestic) or 60 days (international) from the shipment date.

  • A 25% deductible applies to items such as artwork, jewelry, antiques, glassware and ceramics.

  • Certain items and scenarios are not covered, such as improper packaging, perishable goods, or shipping delays.

By selecting shipping insurance:

  • You acknowledge that the coverage is provided by XCover / Continental Insurance Company, not by The Kids Gallery.

  • You agree that any claims or disputes related to this insurance will be handled directly by XCover via their website: https://www.xcover.com/claim.

  • You are responsible for reviewing the full policy details, available at https://www.xcover.com.

6. Custom Products and Returns

All products created by The Kids Gallery are custom-made based on the original artwork you provide. Due to the personalized nature of our services, all sales are final. We do not accept returns, exchanges, or cancellations once production has begun.

Exceptions for Defective or Incorrect Orders

If you receive an item that is:

  • Damaged during production

  • Incorrect (e.g., not matching your approved design)

  • Incomplete

You must notify us within 7 business days of receipt and provide:

  • A description of the issue

  • Photographic evidence (if applicable)

After verifying the issue, we may offer a free replacement or appropriate resolution. We reserve the right to request return of the defective item.

We are not responsible for dissatisfaction due to layout or design preferences not communicated prior to final approval.

7. Artwork Submission Guidelines

We only accept original, child-created artwork.

Not allowed:

  • Copyrighted images (e.g., cartoon characters, logos)

  • Copies of artwork from books, websites, or commercial sources

  • Inappropriate content

By submitting artwork, you affirm:

  • The artwork is original and created by a child in your care

  • You have the right to submit and authorize its use

  • You agree to indemnify The Kids Gallery against any copyright-related claims

We reserve the right to reject artwork that violates these terms without refund.

8. Communication and Proofing Process

We communicate with customers via email and phone. You are not required to create an account.

What to expect:

  • We confirm receipt of your artwork via email

  • We send a digital proof for your review

  • You can request changes or approve it

  • Final production begins only after approval

Delays in your response may affect production timelines.

9. Acceptable Use

By using our site and services, you agree not to:

  • Use them for unlawful or fraudulent purposes

  • Submit offensive, defamatory, or infringing content

  • Disrupt our services or infrastructure

Violation of these terms may result in termination of service.

10. Responsibility for Physical Artwork

We handle all artwork with care. However, we are not liable for loss or damage of artwork during shipment to or from our facility unless you purchase shipping insurance.

We recommend that you photograph or scan the artwork before shipping it to us.

11. Changes to These Terms

We may update these Terms at any time. Major changes will be posted on our website and may be emailed to active customers.

Continued use of our services after updates implies acceptance of the revised Terms.

12. California Residents’ Rights

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

  • The right to know what personal data we collect and how we use it

  • The right to access and correct your personal data

  • The right to request deletion of your data

  • The right to opt out of the sale or sharing of personal data

  • The right to limit the use of sensitive personal information

  • The right to not be discriminated against for exercising these rights

To exercise any of these rights, please contact us at help@thekidsgallery.com. For full details, please see our Privacy Policy.

13. Crafting Parties

At Kids Gallery, we are committed to providing fun, safe, and creative crafting experiences for children. The following terms apply to all private crafting parties (including but not limited to birthday celebrations):

1. Event Format and Location
Our crafting parties are designed for children (ideally aged 3 and up) and take place at the client’s residence or at a suitable public park selected by the client. The host is responsible for securing the space, including any necessary permits for public locations.

2. What’s Included
Each party includes:

  • One trained instructor per every 10 children

  • All crafting materials

  • Two guided crafting activities (total duration approx. 90 minutes)

  • Take-home creations made by the children

  • Premium Package only: Setup and use of child-sized tables and chairs

3. Booking Requirements

  • Minimum of 10 children per party

  • Parties must be booked at least 2 weeks in advance

  • Final headcount must be confirmed 5 days before the event

4. Setup and Teardown
Our team arrives approximately 30 minutes before the scheduled start time to set up the crafting station and decorations. We also require an additional 30 minutes after the party to clean up and pack our materials. Please ensure access to the space during these times.

5. Cancellation & Refunds

  • 100% refund for cancellations made at least 7 days in advance

  • 60% refund for cancellations made up to 72 hours before the event

  • No refund for cancellations made less than 72 hours before the event

6. Safety and Supervision
While our team includes experienced instructors and every effort is made to ensure a safe environment, crafting materials may involve risks (e.g., scissors, glue guns).

  • At least one adult from the client’s side must be present at all times during the party

  • Clients may be asked to sign a safety waiver in advance.

  • By participating in a Kids Gallery event, parents acknowledge and accept these risks

7. Photography & Media Use
We may take photos during the event to share on our website and social media.

  • Parents/guardians will be asked to sign a media release

  • No child’s face will be published without explicit permission

8. Insurance
Kids Gallery carries liability insurance. However, we recommend clients also ensure basic safety in their selected venue and supervise their own children during the event.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California. In the event of a dispute:

  • Please contact us first for informal resolution

  • If needed, disputes will be resolved through binding arbitration under the American Arbitration Association

  • Both parties waive the right to a jury trial or class action

Contact Us

If you have questions about these Terms, contact us at:

📧 help@thekidsgallery.com
📞 (415) 799 1633
🌐 www.thekidsgallery.com

Shopping Cart
Scroll to Top