Effective Date: April 28, 2021
The Company may update these Custom Terms of Sale at any time without prior notice by posting them on this website. For each order you place with the Company for custom products, your acceptance of the Custom Terms of Sale in force as of the date of your order is required. The Custom Terms of Sale in effect at the time of your order will govern that transaction.
Placing an Order. Product orders for custom pieces are placed though our order form, which may be on our website, by email, or another method agreed upon by the Company. In order to place an order for a custom piece, we require a $2,5000 deposit, which the Company will invoice you for. Before submitting an order form, you should first confirm that all the information submitted accurately reflects your selection. The Company reserves the right to reject or to cancel your order in its sole discretion for any reason without liability.
Design. Upon receipt of your deposit, the Company will begin the design process, and will discuss with you your goals for the piece. The Company will then submit three design sketches to you for your consideration. You may select one of the sketches, and may obtain up to two revisions of said sketch. If you request any further revisions, the Company may, in its sole discretion, provide such revisions, provided that such revisions will be at additional hourly rates. In the event you fail to approve a design, the Company will retain the deposit as a fee for its design services, and will cease any further work on your piece.
Manufacture. Once you have approved the design, (a) no additional changes can be made, and (b) the full balance of the fee shall be due and payable to the Company. All prices are exclusive of sales, use, and excise taxes, which you shall also pay upon receipt of invoice. Once the full balance is received, the Company will proceed to manufacture your piece. While every effort is taken to try to ensure that the coloring, design and style of the manufactured product are representative of the approved sketch/design, variations may occur due to technical restrictions of color reproduction on your computer or mobile device, or manufacturing constraints. Despite any estimates of timelines and completion dates provided by Company, the Company shall not be responsible for designing or manufacturing your piece by a specific date.
3. Shipping and Delivery
Products will be shipped to the delivery address specified during the ordering process, provided such address is located within the Company’s delivery territory. Orders are restricted for shipment to the United States of America, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America. Products may only be delivered to a physical street address within the territory. The Company will not process any order for which a post office box address is provided. You will be asked to select the shipment method you would prefer as part of the order process, and agree to pay the shipping costs indicated thereon. We will inform you of the method(s) of delivery available for the product(s) purchased. Title and risk of loss passes to you upon delivery of the product to your address.
4. No Returns
All sales are final. The Company does not accept returns or exchanges of custom pieces for any reason. If there is an error in your shipment, such as incorrect items received, please contact us within 48 hours of receiving your shipment.
5. Intellectual Property
The products designed and purchased from the Company are meant solely for personal use. You shall not use the products or designs for any commercial purposes and will not resell any designs or products for commercial purposes. The Company retains sole ownership and all intellectual property rights relating to any and all designs. Without limiting the foregoing, the Company may use such designs to create future products, without restriction. Your purchase of the products does not grant you any rights to the designs or to any other of the Company’s intellectual property. You also expressly consent to the Company’s perpetual right to use photographs of your product for any reason, including but not limited to advertising, publicity, commercial or other business purposes. Notwithstanding the foregoing, you will not be tagged in any social media posts unless you give the Company permission to do so.
6. Disclaimer of Warranty
THE PRODUCTS AND DESIGN SERVICES ARE SOLD ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE MANNER, QUALITY, ACCURACY, AND/OR TITLE.