Terms of service

OVERVIEW
Welcome to Custom Stuffed Animals (the "Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our website, products, content, features, tools, and services (collectively, the “Services”), which are powered by Shopify.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy available at customstuffedanimals.com. If you do not agree, you should not use our Services.

Section 1 – Access and Accounts

  • You represent that you are at least the age of majority in your jurisdiction, and you consent to allow any of your minor dependents to use the Services under your responsibility.
  • You agree to provide current, complete, and accurate account information. You are solely responsible for maintaining confidentiality of account credentials and are liable for all account activity. Accounts are non-transferable and may not be sold, licensed, or assigned.

Section 2 – Our Products

  • We strive to depict products accurately; however, colors and appearances may vary due to display settings.
  • All descriptions are subject to change or discontinuation without notice. We do not warrant that products will meet your expectations. Quantities may be limited or restricted at our sole discretion.

Section 3 – Orders

  • All orders are offers to purchase, subject to our acceptance. Orders are only accepted once payment is processed and confirmed.
  • We may decline or cancel orders at our discretion.
  • Purchases are for personal use only, not for resale or export, and are subject to our Refund Policy at customstuffedanimals.com.

Section 4 – Prices and Billing

  • Prices, discounts, and promotions may change without notice.
  • You authorize us to charge your payment method for the full purchase, including taxes, shipping, customs, and handling charges.
  • You represent and warrant that you are authorized to use the payment method provided, and that charges will be honored.

Section 5 – Shipping and Delivery

  • Delivery dates are estimates only. Title and risk of loss pass to you once products are provided to the carrier.
  • We are not liable for carrier delays, customs clearance, or events beyond our control.

Section 6 – Company Guidelines and Standards

We reserve the right to reject, at our sole discretion, any custom design submissions or projects that do not comply with our ethical and safety standards. Specifically, designs will be denied if they:

  • Depict, promote, or incite violence, weapons, or criminal activity.
  • Attack or discriminate against individuals or groups based on race, religion, nationality, gender, sexual orientation, disability, or any protected class.
  • Promote self-harm, suicide, eating disorders, or substance abuse.
  • Contain sexual exploitation, nudity, or pornographic material. (Educational or therapeutic contexts may be reviewed.)
  • Encourage humiliation, suffering, or exploitation of others.

We also review the persons, businesses, or organizations requesting such designs, and may decline projects based on associated conduct, brand reputation, or intent of usage.

Section 7 – Intellectual Property Notice

  • Customers retain ownership of the original design concepts they submit.
  • The Company retains ownership of all plush patterns, templates, and proprietary manufacturing processes it creates.
  • Supplier or proprietary information will not be shared.

By submitting any design, concept, or artwork (a “Submission”):

  • You represent that it is your original work, and that you own all rights to it.
  • If incorporating third-party intellectual property, you must provide valid written licenses or consents.
  • You grant the Company a non-exclusive, royalty-free license to use the Submission solely for purposes of manufacturing the product.
  • You agree to indemnify and hold harmless the Company against any claim of infringement arising from your Submission.
  • You acknowledge that similar elements may appear in other designs created by the Company, and such similarities do not constitute infringement.

Section 8 – Intellectual Property of the Company

  • All text, graphics, images, trademarks, trade names, and other materials on the Services are owned by us or our licensors, and protected by intellectual property laws.
  • You may use our Services for personal, non-commercial purposes only. Any unauthorized use, reproduction, or distribution is strictly prohibited.

Section 9 – Optional Tools and Third-Party Links

  • You may access third-party tools or links via our Services. These are provided “as-is” and are outside our control.
  • We disclaim liability for your use of or reliance on any third-party services, materials, or content.

Section 10 – Privacy Policy

  • Our collection and use of personal data is governed by our Privacy Policy at customstuffedanimals.com. By using the Services, you consent to such data practices.

Section 11 – Feedback

  • Any suggestions, ideas, or reviews you provide may be used by us, royalty-free and worldwide, for any purpose, including commercial.
  • You represent that you own any feedback you submit and that it does not infringe rights of third parties.

Section 12 – Errors and Inaccuracies

  • We may correct errors, update information, or cancel orders where needed, without prior notice, including after order submission.

Section 13 – Prohibited Uses

  • You may not use the Services:
    • For unlawful or harmful purposes.
    • To infringe intellectual property rights.
    • To harass, defame, or threaten others.
    • To transmit malware, spam, or fraudulent activity.
  • Violation may result in immediate suspension or termination of your account, without notice.

Section 14 – Termination

  • We may terminate your access at any time. Provisions concerning Intellectual Property, Indemnification, Limitation of Liability, Governing Law, and other applicable sections survive termination.

Section 15 – Disclaimer of Warranties

  • Products and Services are provided “as is” and “as available”, without warranties of any kind, express or implied, unless otherwise expressly stated in writing.

Section 16 – Limitation of Liability

  • To the fullest extent permitted by law, the Company, its owners, affiliates, and employees shall not be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from use of our Services or products, even if foreseeable.

Section 17 – Indemnification

  • You agree to defend, indemnify, and hold harmless Custom Stuffed Animals, its affiliates, employees, and platform providers, against any claims, damages, or liabilities arising from (1) your breach of these Terms, (2) your Submissions, or (3) your violation of applicable laws or rights of third parties.

Section 18 – Severability

  • If any provision of these Terms is found invalid, the remainder still applies.

Section 19 – Waiver and Entire Agreement

  • Failure to enforce a provision does not waive it. These Terms are the entire agreement between you and us, superseding prior agreements.

Section 20 – Assignment

  • You may not transfer these Terms or rights without our written consent. We may assign them freely.

Section 21 – Governing Law

  • These Terms are governed by the laws of the State of California, United States, with jurisdiction in Los Angeles County courts.

Section 22 – Changes to Terms

  • We may update these Terms at any time by posting revisions to customstuffedanimals.com. Your continued use constitutes acceptance of any changes.

Section 23 – Contact Information

Custom Stuffed Animals
Beverly Hills Teddy Bear Company
12725 Encinitas Ave, Sylmar, CA 91342, United States
Phone: (661) 257-0750
Email: hello@customstuffedanimals.com