Terms and Conditions

These Terms and Conditions ("Agreement") govern your use of the website located at https://www.kimistryk.com/ and all services offered by Kimistry by Kimberly LLC ("Designer," "we," "us," or "our"). By accessing our website, submitting an inquiry, placing an order, or engaging with us through any channel — including Instagram, Facebook, or our website contact form — you ("Client," "you," or "your") agree to be bound by these Terms and Conditions in full.

Please read this Agreement carefully before proceeding. If you do not agree with any part of these terms, please do not use our website or services.

 

1. About Us

Kimistry by Kimberly LLC 3624 W. North Ave Milwaukee, WI Phone: (414) 533-7520 (Monday–Friday, 4:30 PM – 8:00 PM CST) Email: info@KimistryK.com Website: https://www.kimistryk.com/

 

2. Services Offered

Kimistry by Kimberly LLC provides the following services:

• Custom Fashion Design — bespoke garment construction including but not limited to prom dresses, formal wear, and other custom-designed items discussed during a design consultation.

• Ready-to-Wear — pre-made garments available through our online shop.

All custom design services are initiated through a formal design consultation and governed by a signed consultation agreement between the Designer and the Client.

 

3. Custom Design Orders

3.1 Design Consultation

All custom garment orders begin with a design consultation. A signed consultation form must be completed before construction begins. The consultation form serves as the Client's agreement to the design specifications, estimated pricing, deposit terms, and timeline discussed.

3.2 Fittings

The Client agrees to be available for the number of fittings specified during the consultation, held at the Designer's location (3624 W. North Ave, Milwaukee, WI) unless otherwise agreed upon in writing. The Client may bring the number of guests agreed upon at the time of consultation to each fitting.

3.3 Pricing

The price quoted at consultation is an estimate and may not be the final price of the garment. Any changes to the design, fabric choices, embellishments, or construction method after the initial consultation may result in additional material and/or labor costs. The final price will be furnished and agreed upon before final pickup or shipment. Final price shall not exceed the amount agreed upon in the consultation form over the original quoted/estimated price without prior written consent from the Client.

Complete changes to the design — including significant alterations to silhouette, fabric, or construction — constitute the construction of a new garment and may require new measurements, new fabric and design selections, a new deposit, and a revised completion date.

3.4 Rush Orders

Rush garments may incur additional costs and may require more frequent or longer fittings. Rush shipping costs are the sole responsibility of the Client.

3.5 Design Originality

We welcome inspiration photos and references; however, 100% exact duplicates of other designers' dresses or photos cannot be achieved or guaranteed. Each garment created by Kimistry by Kimberly LLC is an original interpretation.

3.6 Progress Updates

We value your excitement about your garment. However, the Designer may not be able to share progress photos or videos at all times. Garment progress will be visible during scheduled fittings. The sharing of progress photos or videos outside of fittings is entirely at the sole discretion of the Designer.

3.7 Photo & Credit Rights

By placing a custom order, the Client agrees to credit Kimistry by Kimberly LLC as the creator and constructor of the garment in all photos, social media posts, and public appearances. The Client grants Kimistry by Kimberly LLC the right to use images of the garment in photos, advertising, and promotional materials. Optionally, the Client may provide the Designer with photos of themselves wearing the garment, which then become the property of the Designer for professional use at the Designer's discretion.

 

4. Payments, Deposits & Cancellations

4.1 Consultation & Booking Fees

All booking fees and consultation fees are non-refundable. These fees compensate the Designer for time spent during the consultation process regardless of whether an order is placed.

4.2 Deposit Requirement

A non-refundable deposit — as specified in the consultation form — is required within 7 days of the consultation in order for the Designer to begin construction. Failure to submit the deposit within 7 days will result in the Client forfeiting their spot. The Client will be required to pay an additional non-refundable consultation fee to restart the process.

4.3 Final Payment

Final payment (where applicable) is due on the date specified during the final fitting, at pickup, or on the invoice date for shipped orders. Failure to submit final payment by the agreed-upon date will result in additional late charges.

4.4 Payment Methods

Accepted payment methods will be communicated via invoice or other notification at the time of final payment.

4.5 Shipping

All shipping costs, including rush shipping, are the sole responsibility of the Client. Kimistry by Kimberly LLC is not liable for delays, damage, or loss of garments during shipping once the package has been handed to the carrier.

 

5. Refund Policy

All sales are final. Refunds are not offered on custom orders or ready-to-wear purchases.

All efforts will be made to ensure your complete satisfaction. Please raise any concerns or requested adjustments during scheduled fittings, as this is the appropriate time to address them. We are committed to working with you to achieve the best possible result within the scope of the original design agreement.

 

6. Termination of Agreement

Kimistry by Kimberly LLC reserves the right to terminate this Agreement and cancel any order in the event of hostile, abusive, disrespectful, or threatening conduct by the Client toward the Designer or any associated parties. In such cases, any deposits or fees paid by the Client will be forfeited and are non-refundable. This policy exists to ensure a safe, professional, and respectful working environment for both parties.

 

7. Contact Form & Digital Communications

7.1 Consent to Receive Communications

By submitting your information through our website contact form, Instagram DMs, Facebook Messenger, or any other digital inquiry channel, you expressly consent to be contacted by Kimistry by Kimberly LLC regarding your inquiry, order status, appointment reminders, and related business communications. This may include contact via email and/or SMS/text message where a phone number has been provided.

7.2 SMS / Text Message Communications

By providing your phone number and submitting an inquiry, you consent to receive automated and non-automated SMS text messages from Kimistry by Kimberly LLC, including but not limited to:

• Appointment and fitting reminders

• Order status updates

• Consultation follow-ups

• Promotional messages related to our services (if opted in)

Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier and plan.

7.3 How to Opt Out

You may opt out of SMS communications at any time by replying STOP to any text message received from us. You may also opt out by emailing us at info@KimistryK.com with "SMS OPT OUT" in the subject line. After opting out, you will receive one final confirmation message and no further SMS communications will be sent.

7.4 How to Get Help

For questions regarding our messaging communications, reply HELP to any text message or contact us directly at:

• Email: info@KimistryK.com

• Phone: (414) 533-7520 (Monday–Friday, 4:30 PM – 8:00 PM CST)

7.5 No Third-Party Sharing

Your contact information and opt-in data will never be sold, rented, or shared with third parties for their own marketing purposes. Your information is used solely to communicate with you regarding your orders, consultations, and services provided by Kimistry by Kimberly LLC.

 

8. Privacy & Data Collection

We collect personal information — including your name, contact details, measurements, and inquiry details — solely for the purpose of providing our services. This information is stored securely within our business management systems and used only for order processing, client communication, and service fulfillment.

We do not sell, trade, or transfer your personal information to outside parties. For full details on how your data is handled, please refer to our Privacy Policy available on our website at https://www.kimistryk.com/.

 

9. Ready-to-Wear / Online Shop

All ready-to-wear purchases made through our online shop are subject to the following:

• All sales are final unless the item arrives damaged or defective.

• In the event of a damaged or defective item, please contact us within 48 hours of delivery at info@KimistryK.com with photos of the item and packaging.

• Kimistry by Kimberly LLC reserves the right to offer a replacement, store credit, or resolution on a case-by-case basis.

• Sizing is the responsibility of the Client. Please refer to size guides provided on each product listing before purchasing.

 

10. Intellectual Property

All designs, content, images, branding, and materials on https://www.kimistryk.com/ are the intellectual property of Kimistry by Kimberly LLC and may not be reproduced, copied, or distributed without prior written consent from the Designer.

 

11. Limitation of Liability

Kimistry by Kimberly LLC shall not be liable for any indirect, incidental, or consequential damages arising out of or related to the use of our services, including but not limited to delays caused by circumstances beyond our control (supplier issues, shipping carrier delays, illness, natural events, etc.). Our total liability shall not exceed the amount paid by the Client for the specific service in question.

 

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the appropriate courts located in Milwaukee County, Wisconsin.

 

13. Changes to These Terms

Kimistry by Kimberly LLC reserves the right to update or modify these Terms and Conditions at any time. Changes will be posted on this page with an updated effective date. Continued use of our website or services after any changes constitutes your acceptance of the revised terms.

 

14. Agreement

By using our website, submitting a contact form, sending a message via Instagram or Facebook, or placing an order with Kimistry by Kimberly LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in full.

 

For questions about these Terms and Conditions, please contact us at: info@KimistryK.com | (414) 533-7520 | https://www.kimistryk.com/

Kimistry by Kimberly LLC — Milwaukee, WI