TERMS
AND
CONDITIONS
The mandatory and maybe boring stuff (depending on your vibe),
that you need to know.
Terms and Conditions For Studio Beuksy
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These terms and conditions ("Agreement") govern your use of the online platform and services provided by Studio Beuksy ("Company") for the purchase and sale of designs and corresponding vinyl wrap products for hockey skates and other products found on our site ( "Custom Designs", "Custom Item","Products", "Product", "Items", "Item"). By accessing or using our website and services, you ( "You", "Costumer", "User") agree to be bound by this Agreement. If you do not agree with any part of this Agreement, please refrain from using our services.
1. Product Liability and Limitations
1.1. The Company shall not be held liable for any damage or injury caused by the use, misuse, or poor application of the Products beyond reasonable use. The responsibility lies solely with the user.
1.2. The Company shall not be responsible for any damage or loss resulting from user mistakes during the application process. It is the user's responsibility to follow proper instructions for installation and maintenance.
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1.3. The Company does not guarantee the accuracy, completeness, or reliability of any information or instructions provided with the Products. Users should seek professional advice if necessary.
2. Custom Designs and Copyrights
2.1. Any submission of custom designs, logos, or other content by the customer confirms that they have obtained the necessary permissions and rights to use and reproduce the submitted designs.
2.2. The customer shall be solely liable for any copyright infringement or violation arising from the use of their submitted designs. The Company assumes no responsibility for verifying the legality of submitted content.
2.3. The Company reserves the right to refuse any design submission that may infringe upon third-party intellectual property rights or violate applicable laws.
3. Refund Policy
3.1. The Company offers a refund or replacement policy for unsatisfied customers. If a customer is dissatisfied with a Product, they may request either a new Product or a full refund, subject to the conditions outlined in this policy.
3.2. Refund or replacement requests must be submitted within 30 days of receiving the Product. Refunds do not apply to Custom Designs. Refunds and/or returns only apply to stock designs. The customers pays for shipping. If a Custom Item is claimed to be defective within this time, the defective product or component will be replaced if it is determined that the defect existed at the time of manufacture or developed under normal use.
3.3. The Company reserves the right to assess the validity of refund or replacement requests and may request additional information or evidence to support the claim.
3.4. Refunds will be processed using the original payment method, and replacements will be sent to the customer's previously provided shipping address.
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3.5. The company wants you to enjoy your custom items, and works with you during the quoting, design, and proofing process. The Company answers any questions and offers help before, during, and after the design and production process. If a Custom Design has been proofed and accepted by the Customer, it will be printed.
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3.6. If a Custom Design Product has been printed, an order cancellation is no longer possible and we can not offer a refund.
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4. Third-Party Fulfillment
4.1. The production and delivery of the Products will be fulfilled by a third-party company. The Company shall not be liable for any delays, damages, or losses caused by the actions or omissions of the third-party company.
4.2. The customer's relationship with the third-party company shall be governed by the terms and conditions provided by that company.
5. Artist and Designer Agreements
5.1. The Company offers artists and designers the opportunity to upload and sell their designs on the platform. By submitting their designs, the artist or designer agrees to the following terms:
5.2. The artist or designer represents and warrants that the uploaded art and designs are not subject to any copyright restrictions and that they have obtained all necessary permissions to use and distribute the artwork.
5.3. The artist or designer shall indemnify and hold the Company harmless against any claims, damages, or liabilities arising from the infringement of third-party copyrights or violations of applicable laws related to their uploaded artwork.
5.4. The artist or designer will receive a 5% royalty from the set price for each item sold at the set price that features their artwork. The artist or designer who assembles or places the artwork onto the design will also receive a separate 5% royalty from the set price for their contribution. If the same person both designs the artwork and assembles/places it onto the design, they will receive both the art royalty and the design royalty. Royalties will be paid out at the end of each month in the agreed-upon currency.
5.5 The artist or designer has the option to request their desired pricing on top of the set price for designs featuring their artwork and specify the quantity of items that can be sold.
5.6 When a person agrees to create a design using any of the Studio Beuksy Templates (© 2023 Studio Beuksy. All Rights Reserved.), they agree that the template cannot be used in any other way than as a guideline to create a design for the purpose of being sold by the Company.
6. Modifications to the Agreement
6.1. The Company reserves the right to modify, amend, or change these terms and conditions at any time without prior notice.
6.2. Any updates or changes to the Agreement will be effective upon their posting on the Company's website. Continued use of our services after such changes constitutes your acceptance of the modified Agreement.
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7. Property of the Company
7.1 The Service and all its contents, including software, images, text, logos, patents, trademarks, copyrights, and other intellectual property rights, belong exclusively to the Company. These materials are protected by law. Except for what is explicitly allowed in these Terms, you do not receive a license or permission to use or modify any of these intellectual property rights. This means you cannot sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works based on them without our explicit permission (ie. as denoted in section 5).
8. Junior/Pro Team Partnership/Referral Deal
8.1 Eligibility and Discount Terms
8.1.1 Junior or pro teams that participate in our Junior/Pro Team Partnership will receive specific discounts as detailed in the quote provided by us.
8.1.2 This discount applies exclusively to the junior/pro team's purchases and is contingent upon the team wearing our skate products.
8.2. Referral Program
8.2.1. When a non-junior/pro team makes a team order and mentions or refers to a specific junior/pro team at the time of purchase, the referring junior/pro team will receive 10% of the sale amount before taxes.
8.2.2. The referred non-junior/pro team will also receive a discount on their order as specified in their quote.
8.3. Payout Terms
8.3.1. The 10% referral commission for the junior/pro team will be calculated based on the total pre-tax sale amount from the referred non-junior/pro team’s order.
8.3.2. Payments of referral commissions will be made once a month on a specified date, as determined by the Company.
8.4. Termination
8.4.1. Either party may terminate this agreement at any time for any reason, given reasonable circumstances. Examples of reasonable circumstances include, but are not limited to:
8.4.1.1. Breach of terms outlined in this agreement.
8.4.1.2. Misrepresentation or unethical behavior by the junior/pro team.
8.4.1.3. Significant changes in business operations or strategic direction by the Company.
8.4.2. Termination notice must be provided in writing and will take effect immediately upon receipt by the other party.
8.5. Limitations and Conditions
8.5.1. The referral discount and commission structure apply solely to team orders. Individual orders are not eligible for this program.
8.5.2. To qualify for the referral commission, the referral must be mentioned at the time of the non-junior/pro team’s purchase. Referrals cannot be applied retroactively.
8.5.3. The Company reserves the right to modify or discontinue this program at any time. Any changes will be communicated in writing to all participating teams.
8.6. Confidentiality
8.6.1. Both parties agree to keep all terms, discounts, and referral arrangements confidential and not to disclose such information to any third party without the prior written consent of the other party.
By participating in the Junior/Pro Team Partnership/Referral Deal, both parties agree to adhere to the terms and conditions outlined above.
Please read this entire Agreement carefully before using our website or purchasing any Products. If you have any questions or concerns regarding these terms and conditions, please contact us at studiobeuksy@gmail.com.
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Last updated on: 01.10.2024