KITAMON PLUSH – COMMISSION TERMS AND CONDITIONS (CONTRACT)
Last update: 12 May 2015 at 21:33hrs
Please read carefully as the terms and conditions in this contract will apply to you, the customer, upon entering into a commission agreement with Kitamon Plush.
Definitions:
Contact – The agreement made between you and Kitamon Plush
You – The customer
Kitamon Plush – The Artisan, Marie-Emilie Lanteigne
OC – Original Character
Payment – Payment made through various means, and not limiting to, PayPal, Etsy, Credit card, Cash, Cheque, Interac Payment, and so forth…
Rush Fee – An additional fee imposed to pay to increase the speed of your order
1. Preamble:
Kitamon Plush is run by a single person and is not a factory. Kitamon Plush, Marie-Emilie Lanteigne, is the sole proprietor of the company and works on the artwork by herself. Kitamon Plush creates her own patterns for her plush art. No two plush are the same as there will be slight variations. Update 10 Feb 2015 – Marie-Emilie now works part-time. 20 hours of her work week is dedicated to her part-time work.
2. Disclaimer
By accepting to pay, albeit in full, payment plan, or deferred payment, for the specified order that was either ordered directly through a listing or by agreement on commission, you agree to the following terms:
3. Contract:
By agreeing to this contract, you (the customer) enter into an agreement with Kitamon Plush (the Artisan, Marie-Emilie Lanteigne). This contract, or agreement, is set in place to protect you and Kitamon Plush from miscommunication of specifics, guarantees, financing, etc… All sections and subsections apply once you enter into an agreement.
4. Order:
You, the customer, may order through a listing, private communication, or various other means (ie… convention, trade show) as accepted by Kitamon Plush. When you order you are specifying the specifics of the artwork in question. This may include, and not limited to, size, specific fabric (fabric costs are determined at the time of order and fabric type), colours, embroidery, timeline, and order financing specifics. Please note that for any order of an OC (Original Character) Kitamon Plush requires that the payment be received in full. If the order is for a child, please ensure Kitamon Plush knows in order to ensure that the item in question is properly fortified for child use.
4.1. OC (Original Characters):
Original Characters are specific characters that you, the customer, design. These specific characters are not likely to be able to be re-sold in a general market. All orders where the request for an OC is desired must be paid in full to Kitamon Plush prior to entering the Orders Paid list.
4.2. Timeline:
A timeline only may be determined, establish, verified, or communicated between the agreement made between you and Kitamon Plush. A listing on any website, for instance Etsy, does not supersede the agreement may between you or Kitamon Plush. The listing does not represent when you will receive any such order nor any guarantee is made. The only guaranteed orders with a specific timeline are those orders that are communicated ahead of time at the sole discretion and acceptance of Kitamon Plush. If an order needs to be completed sooner and at the sole discretion of Kitamon Plush, a rush fee may be charged to make your order a priority. The order may be delayed due to, and not limited to, the following reasons: fabric backorders, workload of Kitamon Plush, reasons that may limit the progress of an order such as personal, health, professional reasons, equipment failure, and so forth. Kitamon Plush will keep you up-to-date whenever there are concerns.
Any import charges, taxes, etc… are the responsibility of the customer (you) and not Kitamon Plush.
4.2.1.Rush Fee:
A rush fee is an additional fee that is charged to an order when the customer, you, desire the order to be completed at faster pace. At the acceptance and sole discretion of Kitamon Plush, you may escalate the priority of up to two (2) plushies per customer (you). Exceptions may be made at the acceptance and sole discretion of Kitamon Plush.
4.3. Delivery, Shipping:
Kitamon Plush is not responsible for the successful delivery of any item once the item has entered into the shipping system with, and not limited to, CanadaPost. Once item has been received by CanadaPost, it is now the responsibility of the shipping company. If you, the customer, wish to have the ability to track a package, you must pay an additional shipping fee to have this option. Standard International Shipping will be used on all internationally purchased items and standard regular post will be used on domestic items. These forms of shipping do not include, and may not be limited to, express postage, insurance or damage cover – it is the responsibility of the customer (you) to request any of these additional shipping features at the time of committing to the commission, to be included at an extra cost. Regarding any damages to plushes due to shipping, handling, please see section 6.2 Warranties.
5. Payment
Unless agreed otherwise, payment must be made in full in Canadian dollars (CAD) via PayPal, Etsy (credit order), or various other means at the acceptance and sole discretion of Kitamon Plush. Payment must be made within one (1) week of committing to the purchase. Shipping may be paid separately at the time of completion if desired.
Payments plans may be made available but must be discussed and agreed beforehand. Commissions paid via payment plan will not commence until full payment has been received.
6. Client Concerns, Retentions:
You, the customer, will receive communications and updates throughout the process of your order. Kitamon Plush will endeavor to keep you up-to-date as the order progresses. The order may be delayed due reasons listed in section 4 subsection 4.2. Kitamon Plush will endeavor to ensure that you receive any rush order in a timely manner.
6.1. Customer Complaints:
Please contact Kitamon Plush for any issues or concerns. Issues may be resolve faster through direct communication means.
6.2. Warranties
Any repairs on pieces made by Kitamon Plush may be done at a predetermined cost of an agreed upon time. Kitamon Plush takes no responsibility for damages to any plushes due to handling, shipping, etc…
6.3. Changes to Commissions:
Changes may only made if Kitamon Plush agree to the changes. Once a commission is started t is far less likely that changes will be accepted to the piece. Any changes agreed to must be paid for at a specific cost if necessary.
6.4. Cancellations:
If the construction of the commission has not yet started and the customer (you) wishes to cancel his or her purchases, funds will be refunded MINUS PayPal fees and the cost of any materials already purchased for said project – see subsection 6.4 Refunds for an example.
If a piece has already been started, no refunds may be issued at any time.
6.5. Refunds
While Kitamon Plush endeavors to meet the satisfaction of each customer (you), there are times when a refund is warranted. The refund policy is to the acceptance and sole discretion of Kitamon Plush. Please note that ALL orders are subject to a 30% fabric, re-stock, and labour fee as well as a PayPal or Credit Card charge fee:
Example:
Plush Order - $100.00 (canceled)
Fabric, restock, and labour fee – (minus) 30%
PayPal charge – (minus) 2.9% plus 0.30 transaction fee***
Refund - $66.80
The above policy has been implemented to ensure that Kitamon Plush does not endure a loss from any specified order when work has been started; fabric has been purchased, and so forth. When entering in a contract with any organization and the order is canceled leads to a loss for both parties. When a project has been sufficiently started, shipped, etc… no refunds are possible, no exceptions. Refunds are upon the sole discretion of Kitamon Plush.
Refunds may take up to 60 days from agreement to provide refund between the customer (you) and Kitamon Plush.
6.6. Returns:
No returns on items will be accepted.
7. Final Notes
Kitamon Plush may terminate this contract at any time providing appropriate justification. The customer (you) may end the contract with appropriate and acceptable justification upon the approval and sole discretion of Kitamon Plush.
***PayPal fee determine based upon fees set as of 31 January 2015 – see https://www.paypal.com/ca/webapps/mpp/merchant-fees