- Info@pinscraftpro.com
الشروط والأحكام
Introduction
These Terms and Conditions (“Agreement”) govern your access to and use of the website pinscraftpro.com (the “Website”), including your interactions with us regarding inquiries, customization consultations, and other non-purchase-related activities (as online registration and direct online purchases are not available on this Website). By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This Agreement constitutes the entire understanding and agreement between Pinscraft Pro (the “Seller/We”) and you (the “User/You”) concerning the Website, its content, and the services provided through it, superseding all prior or contemporaneous agreements, representations, warranties, and understandings related thereto. We reserve the right to modify these Terms and Conditions at any time. The updated Agreement will be posted on this page, and you are advised to review these Terms and Conditions periodically before using the Website.
Website Usage Terms and Prohibited Conduct
This Website is intended to provide you with information about our customized products (e.g., enamel pins, badges) and facilitate communication for customization inquiries. You may use the Website solely for legitimate, non-commercial purposes related to understanding our products and services. You agree not to engage in any of the following prohibited activities:
– Access or use the Website if you are under the age of 18 or lack the capacity to enter into legally binding agreements;
– Collect, harvest, or otherwise gather personal information of other Users or visitors to the Website;
– Interfere with the operation of the Website, including but not limited to transmitting viruses, malware, or other destructive code, or engaging in conduct that may disrupt the Website’s functionality;
– Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content, materials, or information available on the Website without our prior written permission;
– Use the Website for any fraudulent, illegal, or harmful purpose, or in violation of any applicable laws or regulations;
– Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Customization Consultation and Order Process
Since online purchases are not available on this Website, all customization orders and transactions will be conducted through offline communication (e.g., email, phone calls) after you submit an inquiry. The specific process for customization services is as follows:
- Inquiry Submission: You may contact our customer service team via the contact information provided on the Website to submit customization inquiries, including but not limited to product type, design requirements, quantity, and delivery timeline.
- Quotation and Confirmation: After receiving your inquiry, we will provide a detailed quotation (including product price, production cost, shipping fee, etc.) and service plan based on your requirements. The quotation will be valid for 7 working days from the date of issuance, unless otherwise specified.
- Order Confirmation: To confirm the customization order, you need to sign and return the quotation (or confirm it in writing via email) and provide the required design drafts or related materials. We will start preparing for production only after receiving your written confirmation and the advance payment (the amount of advance payment will be specified in the quotation).
- Design Review: We will provide a digital proof of the customized product based on your design drafts for your review. You shall review and confirm the proof within 3 working days of receipt. If you have any modifications, please put forward clear and specific revision requirements in writing. The number of free revisions is limited to 2 times; additional revisions may incur additional fees, which will be agreed upon by both parties in writing.
Payment Terms
All payments related to customization orders shall be made in accordance with the terms specified in the quotation confirmed by both parties. The payment methods include bank transfer, PayPal, or other methods agreed upon by both parties.
Advance payment is required for all customization orders, and production will start only after the advance payment is received. The final payment shall be made in full before the goods are shipped, unless otherwise agreed in writing by both parties.
We are not responsible for any pricing errors (including but not limited to typos, miscalculations) in the quotation caused by force majeure or system errors. If such errors occur, we will notify you promptly and adjust the quotation accordingly. If you do not agree to the adjusted quotation, we have the right to cancel the relevant order and refund the advance payment already received (without interest).
Refund Policy
Due to the nature of customized products (which are produced according to your specific requirements and cannot be resold), refunds are generally not available once the order is confirmed and production starts, except in the following circumstances:
– We fail to deliver the products that meet the confirmed proof and customization requirements (excluding minor differences caused by handcrafting, which are defined as product appearance differences not exceeding 5%). In this case, you have the right to choose either a full refund or free re-production.
– The products are damaged or lost due to our fault during production. We will provide a full refund or re-produce the products for free, and bear the corresponding losses.
If you request to cancel the order before production starts (i.e., before we start making molds or preparing materials), we will refund the advance payment after deducting 5% of the advance payment as a handling fee (to cover the cost of quotation preparation and design proofing). Once production starts (i.e., after the mold making or material preparation begins), no refund will be provided for the advance payment.
Cancellation Policy
You may cancel the customization order in writing only before production starts. After production starts, the order cannot be cancelled, except in cases where we agree in writing due to special circumstances.
If you cancel the order before production starts, you shall bear the handling fee as specified in the Refund Policy. If you unilaterally cancel the order after production starts, you shall bear all the production costs and losses incurred by us up to that point, and we have the right to deduct the corresponding amount from the advance payment. If the advance payment is insufficient to cover the losses, you shall make up the difference.
Product Quality and Color Matching
Most of our products are handcrafted and hand-colored, so minor differences in appearance, color, and size (not exceeding 5%) between the final product and the digital proof or design draft are normal and acceptable, and shall not be regarded as product defects.
For color matching, we will try our best to match the original design draft provided by you. If you require precise color matching, we will use the Pantone® Formula Guide for matching, and a color matching fee of $15 per color will be charged (the specific fee will be specified in the quotation). Please note that due to differences in monitor calibration, the color displayed on your screen may not be exactly the same as the actual product color. We shall not be liable for color differences caused by monitor display.
Risk of Loss and Shipping Terms
The shipping method, shipping fee, and delivery timeline of the customized products shall be agreed upon by both parties in the quotation or order confirmation. We will ship the goods in accordance with the agreed terms after receiving the final payment.
The risk of loss and ownership of the goods will be transferred to you after the goods are delivered to the carrier agreed upon by both parties. We shall not be liable for any loss, damage, or delay of the goods caused by the carrier’s negligence, force majeure (such as natural disasters, wars, customs inspections), or other reasons beyond our control. You are advised to purchase transportation insurance for the goods if necessary.
Intellectual Property Rights
All content on the Website, including but not limited to text, images, logos, trademarks, design drafts, and product descriptions, is the exclusive intellectual property of Pinscraft Pro or its authorized licensors. You may not use, copy, or distribute any of the above content without our prior written permission.
You warrant and represent that you own or have obtained legal authorization (including but not limited to copyright, trademark right) for the design drafts, logos, images, or other materials provided for customization. You shall indemnify and hold us harmless from any claims, disputes, or losses (including but not limited to legal fees, compensation) arising from the infringement of third-party intellectual property rights due to the materials provided by you.
We will not sell, rent, or disclose your design drafts or the customized products produced for you to any third parties without your prior written permission. The products displayed on the Website are for demonstration purposes only and are not for sale.
Design Drafts and Confidentiality
All design drafts, customization requirements, and other information provided by you in the process of customization services are your confidential information. We shall keep such information confidential and shall not disclose it to any third parties without your prior written permission, except as required by applicable laws or regulations.
You agree to keep confidential the quotation, production process, and other proprietary information of ours that you obtain during the cooperation process, and shall not disclose or use such information for any purpose other than the agreed customization services.
Delay in Delivery
We will make every reasonable effort to deliver the customized products within the agreed timeline. However, we shall not be liable for any delays caused by the following reasons:
– Customs inspections: Our products are handcrafted and may involve international transportation. Random inspections by customs authorities (including the United States and other countries) may cause delays, for which we shall not be liable.
– Transportation issues: After we deliver the goods to the agreed carrier, any delays caused by the carrier (including but not limited to weather, traffic accidents, changes in international transportation regulations) shall not be our responsibility. You are advised to reserve sufficient production and transportation time.
– Changes in your requirements: If you modify the design, increase the quantity, or change the delivery timeline during the production process, the resulting delivery delay shall not be our responsibility. We will adjust the delivery timeline according to the new requirements and confirm it in writing with you.
– Force majeure: Events beyond the reasonable control of both parties, including but not limited to natural disasters, wars, strikes, and government decrees, which cause delays in delivery.
We shall only be liable for delivery delays caused by our own negligence (e.g., failure to start production on time as agreed), and shall compensate you in accordance with the agreed terms (the compensation amount shall not exceed 5% of the total order value, and shall not include indirect losses such as lost profits).
Disclaimer and Limitation of Liability
The Website and all content, materials, and information on it are provided on an “as is” and “as available” basis. We make no express or implied warranties regarding the Website or the products and services provided, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will operate uninterrupted or error-free, and we shall not be liable for any damages caused by interruptions or errors in the Website’s operation.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, special, incidental, or consequential damages (including but not limited to loss of profits, loss of data, or business interruption) arising out of or in connection with this Agreement or the use of the Website, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising out of or in connection with this Agreement shall not exceed the total amount you have paid for the relevant customization order, or $2,000, whichever is lower.
Intellectual Property Infringement Claims
If you believe that any content on the Website or any of our products infringes your intellectual property rights, please contact us immediately and provide the following information in writing:
– A detailed description of the infringed right;
– The location of the infringing content or product on the Website;
– Your contact information (name, address, phone number, email address);
– A written statement that you have the right to assert the infringed right and that the information provided in the notice is true and accurate;
– Your signature (or electronic signature).
After receiving a valid infringement notice, we will investigate promptly and take appropriate measures (including but not limited to removing the infringing content) in accordance with applicable laws and regulations.
Modifications to These Terms and Conditions
We may modify these Terms and Conditions at any time. When we make material modifications, we will post a prominent notice on the homepage of the Website (e.g., a pop-up window or a highlighted announcement) and update the “Last Updated” date at the end of this Agreement. The modified Terms and Conditions will take effect 7 days after being posted on the Website. If you continue to use the Website after the effective date of the modified Terms and Conditions, it shall be deemed that you have accepted the modified Terms and Conditions.
Fraudulent Activities
We closely monitor fraudulent activities related to customization orders and the use of the Website. If fraudulent activities (including but not limited to providing false information, forging design drafts, or refusing to pay after receiving goods) are discovered, we have the right to cancel the order, refuse to provide services, and pursue your legal liability. You shall bear all costs (including but not limited to legal fees, investigation fees) and losses caused by your fraudulent activities.
Non-Waiver
Our failure to strictly enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or any other right under this Agreement. No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach of the same or other provisions.
General Provisions
- Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of Illinois, United States, excluding its conflict of laws principles.
- Dispute Resolution: Any dispute, controversy, or claim arising out of or in connection with this Agreement or the customization services shall be irrevocably submitted to the exclusive jurisdiction of the courts of Illinois, United States, and you waive any right to object to the jurisdiction of such courts.
- Assignment: You may not assign or transfer any of your rights or obligations under this Agreement to any third party without our prior written consent. We may assign this Agreement to any third party at any time without your consent, provided that the assignee agrees to assume all our obligations under this Agreement.
- Severability: If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
- Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control (including but not limited to natural disasters, wars, strikes, government actions, and network failures). The affected party shall notify the other party in writing within 3 working days of the occurrence of the force majeure event and provide relevant proof.
- Notice: All notices and communications under this Agreement shall be in writing and sent to the contact information provided by both parties. Notices sent by email shall be deemed received when the email is successfully delivered; notices sent by mail shall be deemed received 3 working days after the date of mailing.
Contact Information
If you have any questions or concerns about these Terms and Conditions or our services, please contact us via:
– Email: Info@pinscraftpro.com
– Phone Number: [+86 18613991904]
