MakerGrafix.com Terms of Sale
As of March 17th, 2015
Acceptance of Terms
Your purchase of MakerGrafix LLC products or services is subject to this Terms of Sale. By clicking the “PLACE ORDER” button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of MakerGrafix LLC services and your use of the MakerGrafix LLC Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the MakerGrafix LLC Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
Content of Your Purchase
The primary value of the MakerGrafix LLC Website (Web Site) is the ability for users and potential purchasers (“Users”) to create custom products that are imprinted and/or engraved with any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no MakerGrafix LLC employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the custom products created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that custom products that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
“Realm of Control” refers to any part of a custom product that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While MakerGrafix LLC does not review the content of your custom product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of MakerGrafix LLC that you have violated the Terms of Service or this Terms of Sale, you agree that MakerGrafix LLC will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your custom product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in the Terms of Service.
MakerGrafix LLC sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view MakerGrafix LLC products solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
Further, computer monitors display images with light and use a standard known as RGB to do so. MakerGrafix LLC produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that MakerGrafix LLC does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. MakerGrafix LLC works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
MakerGrafix LLC sells products made out of several different types of materials: Plastic, Wood, Leather and Metal.
You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. MakerGrafix LLC only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that MakerGrafix LLC is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
As an example, you agree MakerGrafix LLC is not responsible if the Plastic received by the purchaser is not what the purchaser envisioned Plastic would be.
You agree that all products produced and sold by MakerGrafix LLC are for novelty purposes only. MakerGrafix LLC does not make any claims about the legal compliance or registration of signs, license plates, or any other products sold by MakerGrafix LLC or by a MakerGrafix LLC affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs, license plates, or other products permitted for your particular use.
MakerGrafix LLC permits users to upload images onto their signs and products through the MakerGrafix LLC Web Site. You agree that MakerGrafix LLC is not responsible for the quality of the images you upload. The MakerGrafix LLC Web Site attempts to make a “best guess” as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that MakerGrafix LLC is not responsible for ensuring quality images for any image file format available on the Web Site.
MakerGrafix LLC offers a broad range of clip art available on the Web Site for use with your signs and products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that none of the clip art has been approved through official organizations or groups.
MakerGrafix LLC works hard to ensure that orders will be produced and exit the MakerGrafix LLC facility within three business days from the date of order. The date of order is the calendar date of order if the order is placed before 6:00pm Central Standard Time and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Central Standard Time.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that MakerGrafix LLC will take at least 3 business days to produce your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time MakerGrafix LLC deposits such purchased goods with its designated shipper.
Return and Refund Policy
You agree that MakerGrafix LLC guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to MakerGrafix LLC. Upon receipt of the product or the photograph, MakerGrafix will send a replacement of the product, issue a store credit, or will issue a refund via the original payment method for the purchase value of the failed or broken product(s). MakerGrafix LLC credit can be used on the MakerGrafix LLC website for any purchase.
MakerGrafix LLC does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of MakerGrafix LLC. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by MakerGrafix LLC as to the cause of the failure or breakage.
Changes to Your Order
MakerGrafix LLC provides many opportunities to review, revise and cancel the order process before actually placing your order. MakerGrafix LLC is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that MakerGrafix LLC is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A MakerGrafix LLC employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the MakerGrafix.com Service will be exclusively resolved under confidential binding arbitration held in Austin, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Austin, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the MakerGrafix.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, MakerGrafix LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These terms were last updated on March 17th, 2015