TERMS OF SERVICE & PRIVACY POLICY

Evoke Studio & Gifts by Melissa Mitchell
Melissa Mitchell Art & Design

Last Updated: September 14, 2026

These Terms of Service & Privacy Policy (“Terms”) govern your use of this website, purchases made from Evoke Studio & Gifts and Melissa Mitchell Art & Design, and the collection and use of information associated with your use of this website.

Evoke Studio & Gifts and Melissa Mitchell Art & Design are collectively referred to in these Terms as “Evoke,” “we,” “us,” or “our.” Visitors, customers, purchasers, and other users of the website may be referred to as “you” or “your.”

By accessing or using this website, placing an order, purchasing a product or service, submitting information through the website, creating an account, or otherwise interacting with our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please do not use this website or purchase products or services through it.

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1. Products and Services

Evoke offers a variety of products and services, which may include original artwork, prints, artist-designed merchandise, handmade and artisan goods, apparel, accessories, home goods, stationery, personal-care products, custom or personalized products, made-to-order merchandise, online-exclusive products, digital products, educational materials, courses, and other goods or services.

Product availability, pricing, descriptions, specifications, designs, and other information may be changed at any time without notice.

We reserve the right to discontinue any product or service at any time and to limit quantities available for purchase.

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2. Product Images, Colors & Production Variations

We make reasonable efforts to display and describe our products accurately. However, product photographs, digital renderings, mockups, and other images appearing on this website are provided for illustrative purposes.

Actual colors and appearance may vary due to differences in computer monitors, mobile devices, display settings, photography, lighting, materials, printing methods, weaving, embroidery, fabrication, and other production processes.

Artwork reproduced on textiles, woven products, apparel, accessories, drinkware, stationery, home goods, and other merchandise may exhibit variations in color, texture, image detail, placement, scale, or finish as a natural result of the production method. Such variations are not considered defects.

Handmade, artisan, custom, and small-batch products may also exhibit natural variations in color, scent, texture, size, pattern, finish, placement, or other characteristics. These variations are inherent in handcrafted and small-batch production and contribute to the individual nature of these products.

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3. Orders and Acceptance

We reserve the right to accept, decline, limit, or cancel an order when reasonably necessary, including in cases involving product unavailability, pricing or listing errors, suspected fraud, payment problems, shipping restrictions, or other circumstances affecting our ability to fulfill the order.

If payment has already been collected for an order that we are unable to fulfill, the applicable amount will be refunded to the original payment method.

An automated order confirmation does not necessarily constitute final acceptance of an order.

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4. Pricing and Payment

Prices are displayed in U.S. dollars unless otherwise indicated.

Applicable taxes, shipping charges, and other fees will be displayed during checkout when applicable.

Payment is processed through the payment methods and third-party payment processors made available through our website. Evoke does not independently store complete payment-card information when payment information is processed by a third-party payment provider.

We reserve the right to correct typographical errors, inaccurate pricing, or other errors in product listings or orders.

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5. Final Sale & Return Policy

All purchases are considered final sale.

Due to the handcrafted, custom, made-to-order, limited-production, and curated nature of many of the products we offer, Evoke does not accept returns or exchanges and does not issue refunds except as expressly provided below or where otherwise required by applicable law.

This policy applies to merchandise purchased through our website, including, but not limited to, original artwork, handmade and artisan goods, soaps and personal-care products, hats, apparel, accessories, gifts, custom or personalized products, made-to-order products, online-exclusive merchandise, and other goods offered for sale.

Customers are responsible for reviewing all product descriptions, dimensions, sizing information, colors, materials, personalization details, care information, and other applicable product information before completing a purchase.

Normal variations in handmade products or differences resulting from printing, weaving, embroidery, fabrication, display settings, materials, or other production processes are not considered defects and are not grounds for a return, exchange, or refund.

If an item arrives damaged, contains a manufacturing defect beyond the normal variations described above, or you receive an incorrect product, size, or design as the result of an order-fulfillment error, please contact Evoke within three (3) days of delivery.

We may request photographs, photographs of packaging, order information, or other reasonable documentation necessary to evaluate the issue.

After reviewing the circumstances, Evoke may, when appropriate, provide a replacement, repair, store credit, refund, or other reasonable resolution, subject to product availability and applicable law.

Evoke is not responsible for normal wear and tear, misuse, improper care, failure to follow care instructions, accidental damage, or damage occurring after delivery.

By completing a purchase through this website, you acknowledge and agree to this Final Sale & Return Policy.

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6. Made-to-Order & Online-Exclusive Products

Certain merchandise may be produced specifically after an order is placed or may be produced, packaged, or shipped by a third-party production or fulfillment provider.

These products may require additional processing time before shipment and may ship separately from other items in the same order.

Production and delivery estimates are estimates only and are not guaranteed unless expressly stated otherwise.

Products identified as “Online Exclusive” may not be stocked or available for purchase at the physical Evoke Studio & Gifts location.

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7. Custom & Personalized Products

Customers are responsible for verifying all names, initials, wording, dates, sizing, colors, selections, and other personalization information before submitting an order.

Evoke is not responsible for errors contained in personalization information supplied or approved by the customer.

Custom and personalized merchandise is final sale except in the case of damage, manufacturing defect, or fulfillment error as described in Section 5.

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8. Shipping & Delivery

Shipping times provided through the website are estimates and may vary depending upon product availability, production time, destination, carrier operations, weather, holidays, or other circumstances outside our reasonable control.

Orders containing products from different artists, manufacturers, production facilities, or fulfillment providers may arrive in separate shipments.

Customers are responsible for providing a complete and accurate shipping address.

Evoke is not responsible for delivery delays caused by shipping carriers or circumstances beyond our reasonable control.

If tracking information indicates that a package has been delivered but you cannot locate it, please contact the applicable carrier and notify us so that we can assist when reasonably possible.

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9. Intellectual Property

Unless otherwise indicated, artwork, illustrations, surface patterns, photographs, graphics, product designs, written content, educational materials, logos, branding, website content, and other original materials displayed or sold through this website are owned by Evoke Studio & Gifts, Melissa Mitchell Art & Design, the applicable represented artist, or another identified rights holder.

Purchase of a physical or digital product does not transfer copyright, reproduction rights, licensing rights, or other intellectual-property rights to the purchaser.

No content from this website may be copied, reproduced, republished, distributed, modified, commercially exploited, used to create derivative products, or otherwise used without the prior written permission of the applicable rights holder, except as permitted by applicable law.

Artwork and designs purchased from Evoke are for personal use unless separate written commercial-use or licensing rights have expressly been granted.

The purchase of original artwork transfers ownership of the physical artwork only and does not transfer the artist's copyright, reproduction rights, licensing rights, or other intellectual-property rights unless expressly agreed to in writing.

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10. Digital Products & Educational Materials

Digital downloads, courses, educational materials, templates, and similar products are licensed to the purchaser for the use expressly described with the applicable product.

Unless expressly stated otherwise, purchasers may not reproduce, distribute, resell, sublicense, share, publish, upload, or otherwise make digital or educational products available to another person.

Because digital products may be delivered or made accessible immediately following purchase, digital-product sales are final except where otherwise required by applicable law.

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11. Website Use

You agree to use this website only for lawful purposes.

You may not use the website in a manner intended to damage, disable, interfere with, gain unauthorized access to, or compromise the website, its systems, accounts, data, security features, or other users.

You may not use automated systems, bots, scraping tools, or similar technology to access, copy, harvest, reproduce, or collect website content or data except with our prior authorization or as otherwise permitted by applicable law.

We reserve the right to restrict or block access to the website when reasonably necessary for security, fraud prevention, abuse prevention, protection of intellectual property, or website operation.

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12. Third-Party Services & Links

Our website may use or link to services operated by third parties, including payment processors, shipping carriers, ecommerce providers, production partners, fulfillment providers, social-media platforms, analytics providers, and other service providers.

Those third parties may maintain their own terms, policies, and privacy practices.

Evoke is not responsible for the content, availability, security, or practices of independent third-party websites or services.

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13. Disclaimer of Warranties

To the fullest extent permitted by applicable law, this website and its content are provided on an “as is” and “as available” basis.

We do not warrant that the website will operate uninterrupted or error-free or that all website information will always be complete, current, or free of technical errors.

Nothing in these Terms excludes warranties, rights, or remedies that cannot legally be excluded under applicable law.

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14. Limitation of Liability

To the fullest extent permitted by applicable law, Evoke Studio & Gifts, Melissa Mitchell Art & Design, and their owners, employees, representatives, and affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use of this website or the purchase or use of products or services offered through it.

To the fullest extent permitted by applicable law, Evoke's aggregate liability arising from a particular purchase shall not exceed the amount actually paid by the customer for the product or service giving rise to the claim.

Nothing in these Terms is intended to limit liability that cannot lawfully be limited or excluded.

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PRIVACY POLICY

15. Privacy Policy

Evoke respects the privacy of visitors and customers who use this website. This Privacy Policy explains generally what information may be collected through the website, how that information may be used, and the circumstances in which information may be shared.

By using this website, submitting information through the website, creating an account, subscribing to communications, or completing a purchase, you acknowledge the practices described in this Privacy Policy.

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15.1 Information We May Collect

Depending upon how you use the website, we may collect information that you voluntarily provide, including:

• your name;

• billing and shipping addresses;

• email address;

• telephone number;

• account information;

• order and purchase information;

• product personalization information;

• messages, inquiries, reviews, or other information you submit to us; and

• information provided when subscribing to newsletters, promotions, events, or other communications.

We may also automatically receive certain technical and usage information when you visit or interact with the website. This may include IP address, browser type, device information, operating system, referring and exit pages, pages viewed, dates and times of visits, website interactions, approximate geographic information derived from an IP address, and similar technical information.

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15.2 Payment Information

Payments made through this website may be processed by third-party payment processors.

Payment providers may collect information necessary to process your transaction, including payment-card or other financial information, in accordance with their own privacy and security practices.

Evoke does not independently store complete payment-card numbers when those payments are processed through third-party payment providers.

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15.3 How We Use Information

Information collected through the website may be used to:

• process and fulfill orders;

• arrange production, shipping, delivery, or pickup;

• process payments and transactions;

• communicate regarding orders or customer-service inquiries;

• provide requested products, services, downloads, or information;

• maintain customer accounts;

• process custom or personalized orders;

• send newsletters or marketing communications when permitted;

• operate, maintain, secure, and improve the website;

• understand how visitors use the website;

• detect or prevent fraud, abuse, security incidents, or unauthorized activity;

• maintain business and transaction records;

• comply with legal, tax, accounting, or regulatory obligations; and

• protect the rights, property, security, and legitimate interests of Evoke, our customers, artists, and others.

 

15.4 Cookies & Similar Technologies

Our website and the third-party services used to operate it may use cookies, pixels, analytics technologies, or similar tools.

These technologies may be used to enable website functionality, remember preferences, maintain shopping-cart or account functions, understand website traffic and usage, measure the effectiveness of communications or marketing, improve website performance, and help protect the website against fraud or misuse.

Your browser or device may provide controls that allow you to limit or disable certain cookies. Disabling cookies may affect the operation of some website features.

Where required by applicable law, additional choices or consent mechanisms may be provided through the website.

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15.5 Analytics

We may use website analytics and similar services to better understand how visitors find, navigate, and interact with our website.

Analytics providers may collect technical and usage information through cookies or similar technologies. Information collected by third-party analytics providers is also subject to their respective privacy policies and practices.

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15.6 Email & Marketing Communications

If you voluntarily subscribe to our email list or otherwise request marketing communications, we may use the information you provide to send newsletters, product announcements, events, promotions, artwork updates, and other communications relating to Evoke Studio & Gifts or Melissa Mitchell Art & Design.

You may unsubscribe from marketing emails at any time by using the unsubscribe link included in the email.

Unsubscribing from marketing communications does not prevent us from sending transactional or service-related communications concerning an order, account, inquiry, or other transaction.

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15.7 How Information May Be Shared

We do not sell customer lists or personal information in exchange for monetary payment.

We may disclose information when reasonably necessary to third parties that assist us in operating our business and fulfilling customer transactions. These may include ecommerce and website providers, payment processors, shipping carriers, production and fulfillment partners, email and communication providers, analytics providers, fraud-prevention or security providers, professional advisers, and other service providers.

Information shared with these providers is limited to information reasonably necessary for them to perform the applicable service.

For example, a production or fulfillment partner may receive a customer's name, shipping address, and order information when necessary to manufacture and ship a made-to-order or online-exclusive product directly to the customer.

We may also disclose information when reasonably necessary to comply with applicable law, legal process, governmental requests, protect our legal rights, investigate fraud or security concerns, enforce our agreements, or protect the safety or property of Evoke, our customers, or others.

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15.8 Third-Party Websites & Services

Our website may contain links to or integrate with websites, social-media platforms, payment services, ecommerce services, shipping services, and other resources operated by third parties.

We do not control the privacy practices of independent third parties. Information provided directly to a third-party service is governed by that provider's applicable privacy policy and terms.

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15.9 Information Security

We take reasonable administrative and technical measures intended to protect personal information under our control.

However, no website, electronic transmission, storage system, or Internet-based service can be guaranteed to be completely secure. Accordingly, we cannot guarantee the absolute security of information transmitted through or stored in connection with the website.

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15.10 Data Retention

We may retain personal information for as long as reasonably necessary to fulfill the purposes for which it was collected, maintain business and transaction records, provide customer service, resolve disputes, prevent fraud, enforce agreements, and satisfy legal, tax, accounting, or regulatory requirements.

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15.11 Privacy Choices & Requests

Depending upon where you reside and applicable law, you may have certain rights or choices regarding your personal information.

You may contact us to ask questions regarding personal information associated with your interactions with Evoke or to make an applicable privacy request.

We may need to verify your identity before fulfilling certain privacy requests.

Certain information may need to be retained when required or permitted for legitimate business, transaction, tax, accounting, fraud-prevention, security, or legal purposes.

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15.12 Children's Privacy

This website and its ecommerce services are intended for a general audience and are not directed toward children under the age of 13.

We do not knowingly solicit personal information from children under 13 through this website. If we become aware that personal information from a child under 13 has been collected in circumstances requiring parental consent, we may take reasonable steps to delete it.

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15.13 Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our website, technology, services, business practices, or applicable requirements.

The current version will be posted on this website and identified by the “Last Updated” date appearing at the beginning of these Terms of Service & Privacy Policy.

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16. Copyright Concerns

We respect the intellectual-property rights of others.

If you believe material appearing on this website infringes a copyright or other intellectual-property right, please contact us with sufficient information to identify the material and explain the basis of your concern.

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17. Changes to These Terms

We may revise these Terms periodically to reflect changes in our website, products, services, business practices, or applicable requirements.

The current version will be posted on this website with an updated “Last Updated” date.

Your continued use of the website after revised Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Changes to terms governing an order already completed will not retroactively alter the material terms applicable to that transaction except where permitted or required by law.

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18. Governing Law

These Terms and transactions with Evoke Studio & Gifts and Melissa Mitchell Art & Design shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any legal proceeding concerning these Terms shall be subject to applicable jurisdiction and venue requirements.

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19. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

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20. Entire Agreement

These Terms of Service & Privacy Policy, together with the Final Sale & Return Policy presented during checkout, applicable product-specific terms, and any other policies expressly incorporated by reference, constitute the agreement between you and Evoke concerning your use of this website and purchases made through it.

If a product listing contains terms specific to that product, those product-specific terms shall apply to that product in addition to these Terms.

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21. Contact Information

Questions regarding these Terms, our privacy practices, an order, a product, or a privacy request may be directed to Evoke Studio & Gifts using the contact information provided on this website.

Evoke Studio & Gifts by Melissa Mitchell
Melissa Mitchell Art & Design
Corpus Christi / Padre Island, Texas
United States