Terms of ServicePLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ORDERING PRODUCTS FROM MADE2GLOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ORDER PRODUCTS FROM MADE2GLOW.
Made2Glow reserves the right to change or modify any of these terms and conditions at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions and shall apply to all acts or omissions occurring after the effective date of the revised terms and conditions. You waive any right you may have to receive specific notice of such changes or modifications. By ordering products following the posting of changes or modifications, you will confirm your acceptance of such changes or modifications.
Terms of SaleThe following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Made2Glow, except to the extent that you have entered into a separate written agreement with Made2Glow that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Made2Glow's sole discretion. By placing an order for products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Made2Glow, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
1. OrdersMade2Glow designs and manufactures unique products for each customer based upon customer specifications and Made2Glow's expertise, aesthetic principles, and independent judgment. Not all customer product requests are reasonable, practicable, or consistent with Made2Glow's aesthetic principles, and Made2Glow reserves the right to reject or ignore any request for any reason or for no reason. For those requests to which Made2Glow chooses to respond, Made2Glow will provide a price quote within a reasonable time period after receiving the request and obtaining from you sufficient information and specifications, including but not limited to design goals and personal measurements. The price quote will include the cost, overhead, and profit charges for all materials, labor, and other expenses anticipated to complete the project. It may also include a date range of estimated completion. The price quote will not include shipping, third-party fees including but not limited to PayPal fees, or any other associate costs or fees. The price quote will be valid for twenty eight (28) days. Within twenty (28) days of issuing the price quote, Made2Glow must receive a written acceptance of the price quote along with the down payment described in section (b) below, or the order will not be processed and you will have to re-submit the request. Made2Glow will use its best efforts to reasonably accommodate requested design changes made by you after Made2Glow has begun work on an order, and it reserves the right to modify the terms of the order stated in the price quote depending upon the design changes requested. Made2Glow reserves the right to cancel an order at any time for any reason or for no reason.
2. Payment TermsMade2Glow currently accepts payment only by PayPal or eTransfer. From the time a price quote is accepted by you in writing, Made2Glow requires a non-refundable down payment of 30% of the price quote to be paid within seven (7) days. From the time Made2Glow notifies you in writing that an order is completed and ready for shipment, the total remaining balance owed must be paid within seven (7) days. Made2Glow is not obligated to begin any work on an order unless and until it receives the down payment. An order will not be shipped unless and until Made2Glow receives the full amount of the remaining balance. All orders or products not paid for in full within thirty (30) days of your receipt of the written notice of completion are forfeited by you, and Made2Glow may discard, recycle, re-use, sell, or otherwise do as it sees fit with any such orders or products or component parts thereof. All down-payments are non-refundable unless (a) Made2Glow receives written notice from you canceling the order before Made2Glow begins any work on or incurs any costs in connection with the order, or (b) Made2Glow elects to cancel an order after a down payment has been received from you and before Made2Glow begins any work or incurs any costs in connection with the order.
3. Shipping Terms and PoliciesAll orders are shipped FOB Shipping Point. Title to products passes from Made2Glow to you upon shipment, and we are not responsible for any shipping delays, problems, or damage once the order has been shipped. You are solely responsible for selecting an adequate and appropriate carrier, shipment method, and shipping insurance policy. You are required to procure shipping insurance that will cover, at a minimum, the full value of the order. You are solely responsible for compliance with all domestic and international shipping laws, regulations, taxes, tariffs, and other legal requirements that may apply to your shipment of Made2Glow products. Made2Glow will use its best efforts to reasonably comply with your shipment selections and specifications.
4. Limited Warranty and RepairsMade2Glow products come limited warranty to the original purchaser be free from defects in material or workmanship for a period of ninety (90) days from the date of shipment. This warranty does not cover defects or damage caused during shipment or that are due to improper use, installation, alteration, accident or any other event beyond the control of Made2Glow. Defects or damage resulting from misuse, abuse or negligence will void this warranty. This warranty does not cover normal wear and tear. This warranty does not cover repair or cleaning of soiled or unsanitary products. Made2Glow reserves the right to charge a reasonable cleaning fee or simply return unrepaired any products that arrive for warranty service in a soiled or unsanitary condition. Made2Glow products are intended for entertainment only. Unless Made2Glow agrees otherwise, products are not intended to withstand unusual or high-stress environments, conditions, or uses. This warranty does not cover repairs requested because a customer's measurements have changed after the order has been placed. This warranty is nontransferable and is expressly limited to the repair or replacement of the defective product. During the warranty period, Made2Glow will repair or replace the defective part or product that is returned to Made2Glow at no cost to the original purchaser. Shipping charges and insurance are not covered and are the responsibility of the original purchaser. Made2Glow reserves the right to make substitutions to warranty claims if replacement parts or components are unavailable or obsolete. Made2Glow will not be liable for loss of use of the product or other consequential or incidental costs, expenses or damages incurred by the consumer or any other user. If a defect occures and needs repair, please contact Made2Glow in private via email or private message. If contact or posts are made via social media about the defective product, this warranty will be void. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of LiabilityMADE2GLOW WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, MADE2GLOW'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF MADE2GLOW PRODUCTS.
IndemnityYou agree to indemnify and hold harmless Made2Glow and Made2Glow's parents, subsidiaries, affiliates, consultants, suppliers, contractors, agents and employees from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to your conduct or failure to act or your use of Made2Glow products, including but not limited to claims or demands relating to any violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
Electronic CommunicationsWhen you visit any of Made2Glow's online media or send e-mails to Made2Glow, you are communicating with Made2Glow electronically. You consent to receive communications from Made2Glow electronically. Made2Glow will communicate with you by e-mail, telegram, twitter or facebook. You agree that all agreements, notices, disclosures and other communications that Made2Glow provides to you electronically satisfy any legal requirement that such communications be in writing.
Governing Law and ForumAny dispute arising out of or related to the purchase or use of Made2Glow products shall be governed by the laws in the Province of Alberta, Canada without regard to rules governing conflict of laws.