More Fur Less, Inc. Terms and Conditions
*Please read full terms before commissioning More Fur Less.
By placing an order with More Fur Less, Inc. (“MFL” or "Company"), you ("Buyer") are consenting to the following Terms and Conditions. PLEASE CAREFULLY REVIEW THESE TERMS BEFORE FINALIZING YOUR ORDER. Any changes to the following Terms and Conditions are void and unenforceable, unless expressly agreed to and duly acknowledged by MFL in writing.
Deliverable. By placing an order with MFL, Buyer hereby understands and acknowledges that the items ("Work Product" or "product") will be handmade, made-to-order products, created specifically for the order as artistic representations of Buyer's submitted references. MFL will make a good faith attempt to create the product as listed and described in the order, using a commercially reasonable level of skill and care. The Buyer-provided description and visuals will be used to create a product in MFL's style; no guarantee is made or implied that the product will be an exact replica of reference materials or previous MFL products. At the time Buyer's order invoice has been paid in full, MFL will provide a good faith estimate regarding when the order will enter production. These items take time and coordinated labor to create in a process that is typically completed within 1–3 months after an order enters production. Estimated delivery dates are good faith estimates by MFL regarding the approximate date on which an order will be complete and are not binding. While MFL will make all commercially feasible efforts to complete the product during the quoted delivery window, failure by MFL to complete the order during that time shall not be considered a breach of the terms of the order.
Modifications to Order. Any subsequent modifications to an order must be requested in writing and must be expressly accepted by MFL in writing. After Buyer has agreed to an order quote, MFL shall have the sole discretion whether to accept any requested alterations or changes to the order. Such modifications may result in an increase in cost of product payable to MFL, and adjustment of estimated completion date.
Payment Plans. MFL may at its discretion agree to payment plan arrangements. By accepting the terms of a payment plan, Buyer is agreeing to make payments as scheduled. If Buyer discovers they are unable to make payments as scheduled, Buyer must contact MFL before the next payment is due to discuss the situation and new terms to continue or cancel the arrangement. In the event that regular payments cease without warning, MFL will make reasonable attempts to contact Buyer by standard and agreed-upon means. If repeated attempts to communicate fail, MFL reserves the right to place the project on hold or cancel the order and determine at its sole discretion what portion of payments, if any, is eligible for refund. MFL reserves the right to assess late fees.
Cancellations and Refunds. Buyer may cancel at any time before completion of the order by contacting MFL in writing. If Buyer cancels the order before or during production, MFL has sole discretion to determine what portion, if any, of payments to date will be returned. In case of buyer breach of contract, MFL may consider the order canceled, and will have sole discretion to determine what portion, if any, of payments to date will be returned. If MFL cancels an order for reasons beyond Buyer's control (excluding instances of force majeure), MFL may refund all payments to date, including deposit. In any case of cancellation for any reason, at any stage of construction, MFL reserves the right to complete and sell project to reclaim expenses for material and labor at their full discretion, and Buyer shall not receive any partially or fully finished product, materials, patterns, or other work created by MFL.
Color and Material Variances. Buyer understands and acknowledges that every custom-made product is unique, and a finished work product may have minor deviations and/or differences from products displayed on MFL’s website, catalog, or portfolio, and /or from Buyer's order specifications. Accordingly, while MFL strives to deliver a product that matches order specifications, MFL does not guarantee that the finished product will exactly match products displayed on MFL’s website, catalog, or portfolio, and/or Buyer's order specifications. Finished products may have minimal color or material variations. Buyer understands and acknowledges that there are no returns due to minor color and/or material variances.
Incorrect Product Delivered. MFL will make reasonable attempts during production to send work-in-progress updates to Buyer for feedback and to ensure satisfaction. However, if upon receiving delivery of the product, Buyer believes the item is incorrect, Buyer may contact MFL in writing before the product enters use to explain how the product misses expectations. MFL shall have sole discretion to investigate and determine the validity of any claim, and to decide upon a reasonable and appropriate resolution.
Representations and Warranties by Buyer. Buyer represents and warrants that Buyer has the necessary rights and permissions to use and exploit any character, artwork, logo, design, words, or any combination thereof submitted to Company to be created/reproduced, and that such use and exploitation does not and will not violate the intellectual property rights (including, but not limited to, trademark, copyright, trade dress, patent, or design patent rights) of any other entity or person. Buyer is solely responsible for conducting use of the product in the safest possible manner, understanding the inherent risks of wearing costumes, including but not limited to those associated with physical exertion and the reduction of sensory information.
Indemnification and Limitation of Liability. Buyer agrees to indemnify, defend, and hold harmless MFL, its affiliates, and their respective directors, officers, employees, and agents against any and all claims, including third-party claims, arising directly or indirectly from (i) the manufacture, promotion, marketing, distribution or sale of, or use of or exposure to, the product or service provided by MFL, (ii) Buyer's negligence or willful misconduct, or (iii) use of any intellectual property, materials or other information provided by Buyer to MFL; in each case, including but not limited to related expenses such as reasonable attorneys’ fees, court costs, damages, losses costs incurred in responding to subpoenas, giving testimony relating to disputes between Buyer and third parties, and related expenses.
Warranties by MFL. MFL will create the work product for Buyer in accordance with the written specifications expressly set forth or referenced in the order to the best of MFL’s abilities. Before shipping, MFL conducts and documents a thorough quality assurance inspection on all parts of the work product. All suits MFL makes are warranted against manufacturing defects for a period of 90 days. The 90-day limited warranty period starts to run from the date MFL ships the suit to Buyer or designee. Services will not be covered under the 90-day limited warranty period unless the suit is delivered to MFL, or postmarked within the 90-day limited warranty period. MFL reserves the right to sole determination of what constitutes a manufacturing defect. This warranty will NOT cover damages that result from excessive or destructive use, or Buyer-inflicted damage. This warranty does not cover incorrect sizing of parts due to Buyer's submission of incorrect measurements. Any modification to the product by third parties, without prior approval by MFL, voids the limited warranty and any adjustments/repairs thereafter will not be covered under the 90-day limited warranty period. If Buyer discovers a manufacturing defect covered by warranty, Buyer agrees to cease use of the product immediately and contact MFL with documentation of the defect as soon as practical. Buyer will be responsible for the safe shipping of warranty claim item(s) to MFL. After analysis of the claim, upon acceptance Buyer will receive confirmation and an itemized list of the repairs that will be made and a schedule of when the repairs will be completed, and MFL may refund some or all shipping costs at its sole discretion; if MFL determines a claim is unwarranted, Buyer will be responsible for return shipping. MFL reserves the right to void this warranty at its sole discretion. THE WARRANTIES SET FORTH IN THIS ARTICLE ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY MFL TO BUYER, AND MFL MAKES NO OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Governing Law; Arbitration. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its choice-of-laws or conflicts-of-law rules. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the performance hereof, shall be submitted to, and determined by, arbitration if good faith negotiations among the parties hereto, if any, do not resolve such claim, dispute or other matter. Such arbitration shall proceed in accordance with the then-current rules for arbitration established by Judicial Arbitration Mediation Services, Inc. ("JAMS"), unless the parties hereto mutually agree otherwise, and pursuant to the following procedures: (i) the Parties shall agree to an arbitrator from the JAMS panel of retired judges, and if the Parties are unable to agree upon an Arbitrator, then the Parties shall select an arbitrator via a “strike list,” and such “strike list” shall be administered by JAMS; (ii) reasonable discovery shall be allowed in arbitration; (iii) all proceedings before the arbitrators shall be held in San Bernardino County, California; (iv) the award rendered by the arbitrator shall be final and binding, and judgment may be entered in accordance with applicable law and in any court having jurisdiction thereof; (v) the award rendered by the arbitrators shall include (a) a provision that the prevailing party in such arbitration recover its costs relating to the arbitration and reasonable attorneys' fees from the other party, (b) the amount of such costs and fees, and (c) an order that the losing party pay the fees and expenses of the arbitrators. The arbitrator shall by the agreement of the parties expressly be prohibited from awarding punitive damages in connection with any claim being resolved by arbitration hereunder.
Work Product means all product that has been produced or created during the term of this Agreement, or prior to the date of this Agreement if the Buyer paid for the development of such product.
Ownership of Work Product. All Work Product shall be considered work(s) made by Company for Buyer and shall belong exclusively to Buyer, including all applicable licenses. Company reserves the right to use descriptions and images of any and all Work Product created for Buyer (including but not limited to concept art, character descriptions, work-in-progress photos, and photos of the finished product) in its promotional materials, website, marketing, portfolio, and other related purposes, unless otherwise expressly agreed in writing before work commences.
Delivery. MFL will notify Buyer in writing at the Buyer's provided email address once the ordered Product has been completed. MFL will not deliver the product, or mail it, unless (i) so stated in the order, and (ii) reasonable costs of delivery or shipping is paid to MFL, and (iii) Buyer replies to MFL's notification with the current correct shipping information for the anticipated delivery window. MFL shall not be liable for any damage caused to product during shipping. Most U.S. buyers within the contiguous 48 states will receive free standard shipping and insurance. Buyers outside the U.S., in Hawaii or Alaska, in some outlying U.S. areas, or with special shipping circumstances, may be responsible for shipping costs calculated at the time of delivery. More Fur Less will ship the Product package with appropriate insurance via UPS or other major carrier of MFL's choice. Buyer is responsible for any and all additional costs associated with domestic or international shipping, including but not limited to duties, customs charges, import taxes, local taxes, handling or storage fees, inspection fees, or return fees. If Buyer fails to provide correct shipping address, MFL shall not be held responsible for any fate of the package or contents. If package is returned to MFL, Buyer assumes responsibility for all subsequent shipping costs necessary to resend.
Confidentiality of Proprietary Information. MFL reserves the right to keep confidential information regarding the materials, techniques, suppliers, processes, tools, and methods used to create the Product. MFL shall not be obligated to disclose the foregoing information to Buyer or other parties.
Force Majeure. MFL shall not be liable for any failure to perform or for delay in performance resulting from any cause beyond the Company's reasonable control, including without limitation acts of God, fires, floods, weather, pandemics, strikes or lockouts, factory shutdowns, embargoes, wars, hostilities or riots, shortages in transportation, or any other outside factor beyond the control of MFL.
Severability. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Non-Discrimination Policy More Fur Less does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.
More Fur Less is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity or gender expression.
Supersedes Previous Agreements. This Agreement constitutes the entire agreement and understanding between the parties to this Agreement and supersedes all prior and contemporaneous negotiations and understandings between the parties whether oral or written, expressed or implied. This Agreement is subject to change at any time at the discretion of More Fur Less without notice.
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