Terms of service

Last updated: November 4, 2026

Welcome to Clever Poppy! These Terms of Service ("Terms") explain the rules for using our website and buying our embroidery kits. Please read them carefully. Section 22 includes a binding arbitration agreement and a class-action waiver that affect how disputes are resolved. You can opt out of arbitration as explained in Section 22.

1. Who we are

"Clever Poppy", "we", "us" and "our" mean Clever Poppy, LLC, a Nevada limited liability company, 10785 West Twain Avenue, Ste. 228, Las Vegas, NV 89135, United States. Clever Poppy, LLC sells to customers whose orders are delivered to the United States.

If your order is delivered outside the United States, you buy from Clever Poppy Ltd, a New Zealand company, under our international Terms of Service, which you can read on any of our country websites (for example, cleverpoppy.co.nz/policies/terms-of-service).

You can contact us at any time at help@cleverpoppy.com.

2. Agreeing to these Terms

These Terms are a legally binding agreement between you and Clever Poppy. By using cleverpoppy.com or any of our country websites (cleverpoppy.com.au, cleverpoppy.co.nz, cleverpoppy.co.uk and others) (the "Site"), creating an account, signing up for our emails or text messages, or placing an order, you confirm that you have read, understood and agree to these Terms and the Policies listed in Section 4. If you do not agree, please do not use the Site or buy from us.

When you place an order, you will be asked to confirm that you agree to these Terms. The version of these Terms in effect when you place an order applies to that order.

3. Where you live matters

Some parts of these Terms apply only to customers in certain states (for example, the California notice in Section 23).

Your consumer rights are protected. Nothing in these Terms takes away or limits any rights you have under your state's consumer protection laws that cannot legally be excluded or limited. Where these Terms say something those laws do not allow, the law wins and the rest of these Terms still apply.

4. Our other policies

The following policies are part of these Terms. Please read them too:

5. What these Terms cover (definitions)

  • "Site" means our websites, as described in Section 2.
  • "Products" means the physical items we sell, such as embroidery kits, hoops, threads, patterns, stickers and accessories.
  • "Digital Content" means the step-by-step video tutorials, lesson pages, downloadable patterns, guides and similar content that come with a Product or are available on the Site.
  • "Text Program" means our optional text (SMS/MMS) messaging program, described in Section 17.
  • "Policies" means the policies listed in Section 4.

6. Who can buy

You must be at least 18 years old (or the age of majority where you live) to place an order or create an account. Younger stitchers are very welcome to use our kits with the help and supervision of a parent or guardian, who is responsible for the order and for supervising use of the Products.

7. Orders, prices and payment

  • Your order is an offer to buy. After you order, we email you an order confirmation. That email confirms we received your order. A contract to sell is formed when we ship your order. We may decline or cancel an order before it ships, for example if a Product is out of stock, there is a pricing error, we suspect fraud, or the order breaks these Terms. If we cancel after you have paid, we will refund you in full.
  • Prices and currency. Prices are shown in the currency of the country site you are shopping on (for example US dollars on cleverpoppy.com for U.S. customers, Australian dollars on cleverpoppy.com.au). You pay the price shown at checkout. If your card is in a different currency, your bank may charge conversion fees, which we do not control.
  • Taxes. Your checkout total includes any sales tax we are required to collect.
  • Pricing and other errors. We try hard to get every price, description and image right, but mistakes happen. If we find an error in the price or description of a Product you ordered, we will contact you and give you the choice to continue at the correct price or cancel for a full refund. We are not required to sell a Product at an obviously wrong price.
  • Limits. We may limit quantities per person, household, account, card or address, and we may decline orders that appear to be placed by resellers or dealers.
  • Payment. You confirm you are allowed to use the payment method you choose. Payments are processed by Shopify and our payment providers (such as Shopify Payments, Shop Pay and PayPal), and we do not store full card numbers. If you think a charge is wrong, please contact us first so we can fix it quickly; you keep any rights you have with your bank or card provider.
  • Colors. Thread and fabric colors can look slightly different on different screens and between production batches.

8. Your account and information

Please give us accurate, current and complete information when you order or create an account (including your name, email, phone and a correct delivery address) and keep it up to date. You are responsible for keeping your login details secure and for activity under your account. Tell us right away at help@cleverpoppy.com if you think someone else has used your account. We are not responsible for delays or non-delivery caused by an incorrect or incomplete address you gave us, but we will help where we can.

9. Promotions, discount codes and free gifts

  • Each promotion runs for the dates and in the countries stated in that promotion, and may have its own offer terms, which also apply.
  • Unless the promotion says otherwise: discount codes cannot be combined with other codes or sale prices; are one per order; have no cash value; cannot be exchanged for cash or credit; and cannot be applied to past orders.
  • Free gifts with purchase are available while stocks last, one per order, and only when your order meets the spending threshold shown for your currency after discounts and before shipping and taxes. Free gifts have no cash value and cannot be swapped. If gifts run out, we will tell you and may offer a similar gift.
  • If you return part of an order and the remaining total falls below a gift or discount threshold, you may keep the free gift. We will not deduct its value from your refund.
  • Order reward promotions. Sometimes we reward particular orders (for example, refunding the first 10 orders placed after a sale starts). Unless the promotion says otherwise: only one reward per customer, household and payment method; the order of orders is decided by the time each order is recorded in our store system; orders that are cancelled, refunded for another reason, or that we reasonably believe are fraudulent or placed using automated tools do not count, and the next eligible order takes their place; Clever Poppy staff and their households are not eligible; and winners are notified by email and refunded to their original payment method.
  • We may refuse or reverse a promotion if we reasonably believe it is being misused (for example, multiple accounts, automated ordering or reselling).
  • Prices shown as "was" or "compare at" are the price we normally sold the Product for before the promotion.

10. Shipping and delivery

Delivery options, costs and estimated times are in our Shipping Policy. Delivery dates are estimates, not guarantees. Ownership of and risk in the Products pass to you when they are delivered to the address you gave us.

11. Returns and refunds

Your return and refund rights are explained in our Refund and Returns Policy, which also explains your legal rights for faulty Products.

12. Using our kits safely

Our kits contain sharp needles, scissors, small parts and other tools. They are not toys and are not suitable for children under 14 without adult supervision, and must be kept away from children under 3. Please follow the instructions included with each kit. Wash-away stabilizer and sticker products should be used as directed. Your finished project will look different from our photos depending on your skill and choices; that is part of the fun!

13. Video tutorials and Digital Content

When you buy a kit that includes Digital Content, we give you a personal, non-exclusive, non-transferable license to access and use that Digital Content for your own personal, non-commercial learning. We will keep the video tutorials for your kit available for at least 5 years from your purchase date, and usually much longer. We may move them to a different video platform or page, update or improve them, and will tell you where to find them. You may not copy, download (unless we provide a download button), share your access links or logins, re-upload, sell or publicly show our Digital Content.

14. Our intellectual property

Everything on the Site and in our Products is owned by Clever Poppy or licensed to us and is protected by copyright, trademark and other laws. This includes our embroidery designs and patterns, kit instructions, video tutorials, photographs, illustrations, text, graphics, logos, the look and feel of the Site, and software.

Clever Poppy® is a registered trademark in the United States and New Zealand. Our name, logo, product names and Poppy characters may not be used without our written permission.

What you can do: stitch our designs for yourself, display your finished pieces, give them as gifts, and share photos of your work online (we love seeing them; please tag us!). What you can't do without our written permission: copy, scan, trace, reproduce, distribute or sell our patterns, designs, instructions or videos; sell finished pieces made from our designs; or create kits, patterns or content based on ours.

15. Reviews, photos and other content you share

If you post a review, photo, video, comment or other content on the Site, on our review platform, or tag us on social media and agree to us using it ("Your Content"), you give us a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, edit (for length and formatting only, without changing its meaning), display and share Your Content, together with your first name and last initial or social media handle, on the Site, in emails and in advertising. You confirm that Your Content is your own, is honest and reflects your real experience, and does not break any law or anyone else's rights. If you received a free product or other benefit for a review, you must say so. We may remove any content at our discretion. We do not edit reviews to change their star rating or meaning, and we publish negative reviews as well as positive ones.

If you send us ideas or suggestions, we may use them without any obligation to you.

16. Things you must not do

You must not use the Site, our Products or our Digital Content to:

  • break any law, or help or encourage anyone else to;
  • copy, resell, redistribute or commercially exploit our patterns, designs, videos, photos or other content (except as allowed in Section 14);
  • share your tutorial links, logins or account with people who did not buy the kit;
  • use bots, scripts, scrapers, crawlers or other automated tools to access the Site, place orders, collect prices or content, or buy limited-stock items, or use any content from the Site to train artificial intelligence or machine learning models;
  • misuse discount codes, free gifts, referral or loyalty programs, including by creating multiple accounts;
  • post fake, misleading or paid-for reviews, or reviews about products you have not used;
  • make fraudulent orders or chargebacks, or give false information;
  • impersonate anyone, or harass, abuse, threaten, defame or discriminate against anyone, including our team;
  • upload viruses or malicious code, probe, scan or test the security of the Site, or interfere with its operation;
  • collect personal information about other customers; or
  • infringe our or anyone else's intellectual property or privacy rights.

If you do any of these things, we may cancel your orders, close your account, block your access and take legal action.

17. Emails and text messages

Emails. If you sign up for our emails, we will send you news, tips and offers. Every marketing email includes our postal address and an unsubscribe link, and we will process unsubscribe requests promptly. We will still send you emails about your orders (such as order confirmations and shipping updates) even if you unsubscribe from marketing.

Text messages. Our Text Program is run by the Clever Poppy company that sells to you (see Section 1). If you opt in, you agree to receive recurring automated marketing and order-related text messages from and on behalf of Clever Poppy at the mobile number you provide. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to +1 844 386 5615 (or the number that messaged you) to cancel at any time, or HELP for help, or email help@cleverpoppy.com. Carriers are not liable for delayed or undelivered messages. Full details are in our Text Messaging Terms, which apply to the Text Program.

How we handle your contact details is explained in our Privacy Policy.

18. Third-party services and links

The Site uses services run by other companies (for example Shopify for our store and checkout, payment providers, our review platform and video hosts) and may link to other websites and social media. Those companies have their own terms and privacy policies. We are not responsible for third-party websites or services we do not control.

19. Disclaimers

We work hard to keep the Site running smoothly and accurately, but we provide the Site and Digital Content "as is" and "as available". To the fullest extent the law allows, we do not promise that the Site will be uninterrupted, error-free, secure or free of viruses, and we disclaim all warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

This section does not affect your rights for Products under consumer laws that cannot be excluded, as explained in Section 3 and in our Refund and Returns Policy. Our Products come with the guarantees those laws give you.

20. Limits on our liability

To the fullest extent the law allows:

  • we are not liable for any indirect, incidental, special, consequential or punitive losses, or for loss of profits, revenue, data or goodwill, arising from your use of the Site, Digital Content or Products; and
  • our total liability to you for all claims relating to the Site, Digital Content, Products or these Terms is limited to the amount you paid us for the Products that the claim relates to.

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud, or under consumer guarantees and statutory rights that cannot be excluded.

21. Indemnity

To the extent the law allows, you agree to cover any reasonable loss or cost (including reasonable legal fees) we suffer because of a third-party claim arising from your breach of these Terms, your misuse of the Site or Digital Content, or Your Content. This does not apply where we caused the loss.

22. Resolving problems

If something goes wrong, please contact us first at help@cleverpoppy.com with your name, order number and a description of the problem. Most issues are fixed quickly this way. If we cannot resolve it informally within 60 days, the rules below apply.

Arbitration and class-action waiver

Please read this section carefully. It affects your legal rights.

  • Agreement to arbitrate. You and Clever Poppy, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, Digital Content, Products or any purchase from us ("Dispute") will be resolved by binding individual arbitration, not in court, except as stated below. The Federal Arbitration Act governs this section.
  • How it works. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), before a single arbitrator. Unless you and we agree otherwise, the arbitration will take place in the county where you live or by video or phone. For claims under US$10,000, you may choose whether the arbitration is decided only on written submissions, by phone/video, or in person. We will pay all AAA filing, administration and arbitrator fees for claims under US$10,000 unless the arbitrator finds your claim was frivolous. The arbitrator may award the same individual relief a court could.
  • Exceptions. Either of us may bring an individual claim in small claims court instead, if it qualifies. Either of us may also go to court to stop infringement or misuse of intellectual property.
  • Class-action waiver. You and we each agree to bring Disputes only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court, not arbitration.
  • Your right to opt out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing help@cleverpoppy.com with the subject "Arbitration Opt-Out" and your name, email and order number (if any). Opting out does not affect any other part of these Terms.
  • Time limit. To the extent the law allows, any Dispute must be brought within one year after it arises.
  • Governing law and courts. For U.S. customers, these Terms are governed by the laws of the State of Nevada and applicable U.S. federal law, without regard to conflict-of-law rules. For any Dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, except that you may bring a claim in small claims court where you live.
  • Changes. If we change this arbitration section, the change will not apply to any Dispute you already told us about before the change.

23. Notices for your location

California residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint about the Site or our Products, please contact us at help@cleverpoppy.com or Clever Poppy, LLC, 10785 West Twain Avenue, Ste. 228, Las Vegas, NV 89135. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Your privacy rights as a California resident are explained in our Privacy Policy.

24. Suspending or ending your access

We may suspend or end your access to the Site, your account, Digital Content or the Text Program at any time if you break these Terms, if we suspect fraud or misuse, or if we stop offering the Site or a service. If we end access to Digital Content you paid for and you have not broken these Terms, we will give you reasonable notice and an alternative way to access it, or a fair refund. These Terms keep applying to your past use of the Site and your past orders. Sections that by their nature should continue (including Sections 7, 9, 13 to 16 and 19 to 26) continue to apply after your access ends.

You can stop using the Site, close your account or unsubscribe from our messages at any time. Doing so does not end these Terms for past orders and use.

25. Changes to the Site and to these Terms

We may change, update or stop offering parts of the Site at any time. We may update these Terms from time to time, for example to reflect new features, changes in the law or how we do business. We will post the new version on this page with a new "Last updated" date, and if a change is significant we will give you reasonable notice (for example, by email or a notice on the Site). Changes apply from the date they are posted and do not apply to orders you placed before that date. If you keep using the Site after a change, you accept the updated Terms.

26. General

  • Entire agreement. These Terms and the Policies are the entire agreement between you and us about the Site and your purchases, and replace any earlier versions.
  • Severability. If any part of these Terms is found invalid or unenforceable, that part will be limited or removed only as much as needed, and the rest will still apply.
  • No waiver. If we do not enforce a right straight away, we can still enforce it later.
  • Transfer. We may transfer our rights and obligations under these Terms to another company (for example, if our business is sold), and will make sure your rights are not reduced. You may not transfer your rights without our consent.
  • Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, strikes, carrier delays, pandemics or platform outages. If this affects your order, we will contact you and you may cancel for a refund.
  • Headings and language. Headings are for convenience only. These Terms are written in English, which is the version that applies if there is a translation.

27. Contact us

Questions about these Terms? Email help@cleverpoppy.com, or write to us at the address in Section 1.