SunGod Create: Terms and Conditions of Sale
INTRODUCTION
Welcome to SunGod Create. These Terms and Conditions are part of the sales agreement between the Customer and SunGod. Upon acceptance during the order process, these Terms and Conditions, along with the General SunGod Terms and Conditions shall become a contract to the exclusion to any other agreement. The following Terms and Conditions relate only to SunGod Create Product and these Terms and Conditions take precedence in the event of any conflict with the General SunGod Terms and Conditions solely in relation to such SunGod Create Product.
CONDITIONS OF SALE
By placing an order for any SunGod Create Product you agree to the terms and conditions set out below. SunGod may change these terms and conditions at any time and without notice. For each purchase, the terms and conditions posted on the site at the time the Customer places the order will apply.
CUSTOMER ACKNOWLEDGEMENTS ABOUT SUNGOD CREATE PRODUCTS
You represent and warrant to SunGod that you have all rights, title and interest, including the right to publish and commercially exploit, any and all design elements that you may transmit to SunGod in connection with the sharing of a design and the placement of an order for SunGod Create Products. You are solely responsible for ensuring that any and all design elements do not infringe or otherwise violate any third party rights. To the extent that any such design elements are subject to any trademark, servicemark, trade dress or other intellectual property rights (the “Customer IP”), you agree to grant SunGod a non-exclusive, perpetual, sub-licensable, royalty-free worldwide licence to use such Customer IP in connection with the SunGod Create Products and SunGod’s commercial activities. You agree and acknowledge that SunGod shall be entitled to copy, edit, modify, reproduce, publicly display and distribute parts of the Customer IP as it sees fit. The Customer agrees that it has no claim against SunGod or any other party if any part of the Customer IP or its design elements are used in SunGod products.
The Customer is solely responsible for obtaining proper permissions and licences from third parties whose rights may be violated or infringed upon by the use of any material protected by trademark, service mark, copyright or other proprietary rights. The Customer warrants and covenants that, in obtaining the Customer IP and submitting it to SunGod Create for reproduction, it/he/she has not violated the intellectual property or other proprietary rights of a third party. The Customer also agrees not to use any design, logo or trademark in a vulgar, libellous, disparaging or otherwise harmful or unlawful manner. SunGod assumes no responsibility for damages or any wrongdoing that the Customer may cause by using or submitting to SunGod Create a logo, trademark or copyright item in connection with the SunGod Create Products ordered by the Customer. The Customer agrees to indemnify, defend, and hold harmless SunGod and its owners, officers, employees, representatives and agents from any suit, demand, claim, loss, liability, damage or expense made, asserted or filed against SunGod due to the alleged breach of these warranties and covenants or the unauthorised, improper, or illegal use of any logo, trademark, copyright or other intellectual property and the Customer also agrees to pay any judgement or settlement offer resulting from any suit, demand, or claim, along with any attorneys' fees and all associated costs incurred by SunGod in defending against any such suit, demand, or claim.
The Customer acknowledges that all orders for SunGod Create Products are subject to SunGod’s sole right of approval/refusal. While SunGod has the right to accept or decline orders for SunGod Create Products, the Customer is solely responsible for its design and customisation and SunGod has no obligation to review, accept or decline the Customer’s design and customisation.
COMMUNICATIONS AND LIMITATION OF PARTNERSHIP, PRODUCT, AND USE OF SUNGOD LOGOS AND TRADEMARK
The SunGod name and logo is a registered trademark of SunGod. SunGod Create orders between the customer and SunGod does not constitute any form of Collaboration, Sponsorship or Partnership between SunGod and the customer and as such does not give the customer the right to use the SunGod name or logos in any communications material that could suggest or imply a Collaboration, Sponsorship or Partnership. Customers are only permitted to use the SunGod trademarks to display, communicate or promote the Create products.
The customer shall not themselves or through a third party amend, change or add any additional design elements logos or branding to the product they receive. The final product and packaging the customer receives from SunGod cannot be changed or added to in any way.
RIGHT OF REFUSAL
This Agreement is subject to written acceptance by SunGod. SunGod reserves the right at any time after receipt of an order to accept or decline Customer's SunGod Create order at its sole discretion. Verification of information prior to the acceptance of any order may be required. Written acceptance or rejection of Customer's SunGod Create order will be provided by SunGod by email.
PAYMENT
Orders for Create Product require 100% upfront payment. Customer is responsible for shipping costs and any import duties and taxes payable on the purchase of SunGod Create Products.
SUNGOD’S RIGHT TO USE CUSTOMISED DESIGNS
The Customer understands and agrees that any Customer IP or other design elements or ideas that are provided to SunGod are provided on a non-confidential basis and the Customer grants SunGod a non-exclusive, perpetual, sub-licensable, royalty-free worldwide licence to use any designs, artwork, Customer IP, colour scheme, ideas or other creative works without notice, compensation or acknowledgement for any purposes whatsoever including, without limitation, developing, marketing, commercialising, manufacturing, modifying, improving, creating derivative works and distributing products and services.
CANCELLATIONS
The Customer understands that it is its/his/her sole responsibility to scrutinise the design for the SunGod Create Product and approve the artwork for accuracy. The Customer understands that it/he/she is accepting the final artwork submitted to and confirmed by SunGod as accurate. Once an order is placed, it is assumed that all artwork has been approved and accepted by the Customer and no subsequent cancellation of such order is possible. After an order is placed, no design or order changes will be accepted, and the Customer will be charged, and obliged to pay, in full.
DELIVERY TIMING
Shipment dates for SunGod Create orders are approximate. SunGod reserves the right to amend the shipment date without any notice. In case of exceeding of a previously quoted delivery date, a default in delivery shall be given only after a reasonable extension of time. Event of Force Majeure (acts of God, fires, war, terrorism, riot or insurrection, strikes or differences with workmen, government interference, inability to secure transportation, weather conditions, or other contingencies out of SunGod control) shall entitle SunGod to postpone the delivery for the duration of the hindrance. Delivery shall be made at the risk of the Customer, including carriage-paid shipments. Risk shall be transferred to the Customer as soon as the consignment has been handed over to the person or company responsible for carriage. The Customer shall inspect the delivery immediately after receipt for completeness and proper condition. Should the parcel be damaged the Customer shall inform the carrier immediately and have the damage assessed on the spot. In such circumstances, please do not accept the delivery. Delay in the delivery of one instalment shall not entitle you to cancel other instalments.
PRODUCT QUERIES
The Customer shall check the correctness of the order and immediately raise any objections. SunGod shall not be liable for any mistakes made by the Customer during the order process. Defects to part of a delivery do not entitle the Customer to refuse or return the whole delivery. The Customer shall be obliged to inspect the goods immediately upon delivery and to advise SunGod of any defects within the periods stipulated by law. SunGod reserves the right for repair, replacement or diminution of the purchase price at their sole discretion. Unavoidable differences in colours, quality and material are not cause for complaints on behalf of the Customer as long as they are in reasonable tolerance. Print may be subject to small colour variations despite the greatest care – additionally, print settings may cause slightly different colour profiles. These slight deviations shall not be a cause for complaints on the part of the Customer.
SunGod products are built to last according to your domestic legal definition. SunGod products are fully warranted to the original owner against defects in materials and workmanship. If a product fails due to a manufacturing or material defect, we will replace or repair it without charge, at our option. This warranty does not include product failures resulting from accidents, misuse, improper care, or normal wear. This warranty policy supersedes all previous warranty policies. If the Customer does send the item to SunGod for inspection, shipping must be prepaid and insured. Products accepted for warranty must be clean. Please include your name, address, phone number, e-mail address and a description of the product defect.
Other than the limited warranty set forth above, SunGod shall not be liable to the Customer or any person who purchases from the Customer or uses products supplied by SunGod for damages of any kind, including without limitation, direct or indirect damages or loss of profits resulting from any clause whatsoever.
RETURNS
Due to the nature of custom SunGod Create orders, all sales are final, and no returns will be accepted unless the merchandise is defective or upon mutual written agreement of the parties. Customer must notify SunGod in writing within 14 Days of delivery of any defective merchandise. Customer shall be responsible for the full and safe packaging and timely return of any defective merchandise. Claims for loss or damage sustained in transit must be made upon the delivering carrier by Customer. It is suggested that the Customer hold all damaged goods and retain all cartons and packing materials for inspection by the delivering carrier.
PRICING
Prices are as specified by SunGod and we reserve the right to amend the price and product specification at any time. Price differences related to future or past prices published by SunGod products are not refundable. Products will be sold at the price communicated by SunGod at the date of acceptance. SunGod reserves the right to charge additionally for Products or Services not appearing in the standard price list. Delivery costs are clearly communicated at the time of ordering. Delivery costs will vary depending on the means of delivery and payment, as well as the destination and the total amount of the order.
SHIPPING AND TAXES
Except as otherwise communicated by SunGod, prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agents and brokers’ fees, consular fees, document fees, and import duties.
