Full Terms and Conditions

A+ King Services & Entertainment, D.B.A Thorgi Arts with Zipper (TAWZ) Full Terms and Conditions

 

*Please be sure to read the Full Terms and Conditions before commissioning Thorgi Arts with Zipper.

 

By placing a custom order with A+ King Services & Entertainment, D.B.A Thorgi Arts with Zipper (TAWZ) (“TAWZ” or "Company"), you ("the commissioner(‘s)") are consenting to the following Full Terms and Conditions. PLEASE CAREFULLY REVIEW THESE FULL TERMS & CONDITIONS BEFORE PLACING YOUR ORDER. Any changes to the following Full Terms and Conditions are void and unenforceable, unless expressly agreed to and duly acknowledged by TAWZ and the commissioner in writing.   The Terms and Conditions agreed to herein will be done electronically via a google document and bound by the financial transaction.

 

Final Product: By placing an order with TAWZ, the commissioner hereby understands and acknowledges that the items ("Commission”, “work product" or "product") will be handmade, made-to-order products, created specifically for the order as artistic representations of the commissioner’s submitted references. TAWZ will make their best effort to create the commissioner’s requested costume to the highest level of skill TAWZ currently is providing. There is no guarantee of an exact replica based on any reference sheet. Once customers invoice has been paid in full TAWZ will provide an estimated completion date based on current costume queue.  All delivery dates are based on a rough estimate and not a binding guarantee of completion by said date.

 

Changes and/or Modifications to a TAWZ Product: Any requests for modifications to any current or past order must be requested in writing to the TAWZ email address (thorgiarts@gmail.com) and must be expressly accepted by TAWZ in writing. After both parties have agreed to modifications a quote for service will be provided based on time, materials, and details of the modification.  No changes will be made until the quoted price has been paid in full. TAWZ will not modify any suits made by another maker.

 

Payment Schedule: TAWZ may at its discretion agree to a payment plan (or arrangements for payment). By accepting the terms of a payment plan, the commissioner is agreeing to make payments on an agreed upon schedule. If the commissioner discovers they are unable to make payments as scheduled, the commissioner must contact TAWZ before the next payment is due to discuss the situation and new terms to continue or cancel the arrangement and/or production of the work product. In the event that regular payments cease without warning, TAWZ will make reasonable attempts to contact the commissioner by standard and agreed-upon means. If repeated attempts of agreed upon communication fail, TAWZ 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. TAWZ also reserves the right to assess late fees.

 

Cancellations, Returns and Refunds: The commissioner may cancel at any time before completion of the order by contacting TAWZ in writing or method of agreed upon communication. If the commissioner cancels the order before or during production, TAWZ has sole discretion to determine what portion, IF ANY, of payments to date will be returned. In case of the commissioner’s breach of contract, TAWZ may consider the order canceled, and will have sole discretion to determine what portion, IF ANY, of payments to date will be returned. If TAWZ cancels an order for reasons beyond the commissioner’s control (excluding instances of force majeure), TAWZ may refund all payments to date, including the deposit (if a deposit was made). In any case of cancellation for any reason, at any stage of construction, TAWZ reserves the right to complete and sell agreed upon work product to reclaim expenses for material and labor at their full discretion, and the commissioner shall not receive any partially or fully finished product, materials, patterns, or other work created by TAWZ.

 

Color and/or Material Composition Differences and/or Variances: The commissioner understands and acknowledges that every commission is a custom-made product and is unique, and a finished commission may have minor deviations and/or differences from products displayed on TAWZ’s website, catalog, or portfolio, and/or from the commissioner’s order specifications. Accordingly, while TAWZ strives to deliver a product that matches order specifications, TAWZ does not guarantee that the finished product will exactly match products displayed on TAWZ’s website, catalog, or portfolio, and/or the commissioner’s order specifications. Finished products may have minimal color and/or material composition differences and/or variations. The commissioner understands and acknowledges that there are no returns due to minor color and/or material composition differences and/or variances.

 

Commission/Work in progress: TAWZ will make reasonable attempts during production of a work product to send commission/work-in-progress updates to the commissioner for feedback and to ensure satisfaction. However, if the product is received by the commissioner and the commissioner believes the item is incorrect, the commissioner may contact TAWZ in writing BEFORE THE PRODUCT ENTERS USE to explain how the product does not meet expectations. TAWZ shall have sole discretion to investigate the claim, determine the validity of the claim, and decide upon a reasonable and appropriate resolution to any said claim.

 

Exclusive claim and/or use of work product by the commissioner: The commissioner and compnay understands that the commissioner has the exclusive rights and permissions to use and exploit any design, character, logo, words, artwork or any combination thereof submitted to TAWZ to be created and/or reproduced AND that such use does not and will not violate the intellectual property rights, (including, but not limited to) trademark(s), copyright, trade dress, patent, or design patent rights of any other individuals, companies or entities. The commissioner also understands that the commissioner is solely responsible for conducting the use of the product in the safest manner possible, understanding the risks involved with wearing any such costumes, including but not limited to those associated with physical and/or mental exhaustion and the risks of sensory deprivation from wearing any such work product.

 

Indemnification and Limitation of Liability: The commissioner agrees to indemnify, defend, and hold harmless TAWZ, its affiliates, and their respective directors, officers, employees, and agents against any and all claims, including third-party claims, arising directly or indirectly from (1.) the manufacture, promotion, marketing, distribution or sale of, or use of or exposure to, the product or service provided by TAWZ, (2.) the commissioner’s  negligence or willful misconduct, or (3.) use of any intellectual property, materials or other information provided by the commissioner to TAWZ; in each case, including but not limited to, related expenses such as reasonable attorneys’ fees, court costs, damages, losses and/or costs incurred in responding to subpoenas, giving testimony relating to disputes between the commissioner and third parties, and related expenses. 

 

Warranties and/or guarantees by TAWZ: TAWZ will create the work product for the commissioner in accordance with the written specifications expressly set forth or referenced in the commission to the best of TAWZ’s abilities. Before shipping, TAWZ conducts and documents a thorough quality assurance inspection on all parts of the work product. All suits TAWZ makes are warranted against manufacturing defects for a period of 120 days. The 120-day limited warranty period starts to run from the date TAWZ ships the suit to the commissioner or designated receiver. Services will not be covered under the 120-day limited warranty period unless the work product is delivered to TAWZ, or postmarked within the 120-day limited warranty period. TAWZ 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 the commissioner-inflicted damage. This warranty does not cover incorrect sizing of parts due to the commissioner’s submission of incorrect measurements. Any modification to the product by third parties, without prior approval by TAWZ, voids the limited warranty and any adjustments/repairs thereafter will not be covered under the 120-day limited warranty period. If the commissioner discovers a manufacturing defect covered by warranty, the commissioner agrees to cease use of the product immediately and contact TAWZ with documentation of the defect as soon as practical. the commissioner will be responsible for the safe shipping of warranty claim item(s) to TAWZ. After analysis of the claim, upon acceptance the commissioner 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 TAWZ may refund some or all shipping costs at its sole discretion; if TAWZ determines a claim is unwarranted, the commissioner will be responsible for return shipping. TAWZ reserves the right to void this warranty at its sole discretion. THE WARRANTIES AND/OR GUARANTEES SET FORTH IN THIS FULL TERMS AND CONDITIONS ARE THE SOLE AND EXCLUSIVE WARRANTIES AND GUARANTEES MADE BY TAWZ TO THE COMMISSIONER, TAWZ MAKES NO OTHER, WARRANTIES AND/OR GUARANTEES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  ANY CHANGES MADE TO COMMISSIONS, WORK PRODUCT OR PRODUCT BY THE COMMISSIONER OR THIRD PARTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF TAWZ WILL AUTOMATICALLY VOID ANY AND ALL WARRANTIES AND GUARANTEES BY TAWZ.

 

Governing Law for Arbitration: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, 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 of the Full Terms and Conditions 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 the Laws in the State of Texas,  unless the parties hereto mutually agree otherwise, and pursuant to the following procedures: (1.) 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; (2.) reasonable discovery shall be allowed in arbitration; (3.) all proceedings before the arbitrators shall be held in Bexar County, Texas; (4.) 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; (5.) 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.

 

Commission, work product or product: means all product and or items that has been produced or created during the term of this Agreement, or prior to the date of this Agreement if and ONLY IF the commissioner paid for the development of such product. 

Ownership of Commission, work product or product: All Work Product shall be considered work(s) made by TAWZ for the commissioner and shall belong exclusively to the commissioner, including all applicable licenses. TAWZ reserves the right to use descriptions and images of any and all work product created for the commissioner (including but not limited to) concept art, character descriptions, commission/work-in-progress photos, and photos of the finished product, its promotional materials, website, marketing, portfolio, and other related purposes, unless otherwise expressly agreed in writing before work commences. 

 

Delivery and/or commissioner’s Receipt of Commission: TAWZ will notify the commissioner in writing at the commissioner’s agreed upon method of communication once the ordered commission has been completed. TAWZ will not deliver or ship the product unless (1.) an agreed upon destination has been met, and (2.) reasonable costs of delivery or shipping has been paid to TAWZ, and (3.) the commissioner replies to TAWZ's notification to confirm the agreed upon destination and/or correct shipping information for the anticipated delivery window. TAWZ shall not be liable for any damage caused to product during shipping to anywhere. Most U.S. commissioners within the continental U.S will receive standard shipping (not including insurance) unless otherwise agreed upon between TAWZ and the commissioner, prior to finalized shipping. Any commissioners outside the U.S., OR that reside in Hawaii or Alaska, and/or including but not limited to ANY outlying U.S. areas, OR regions with special shipping circumstances, may be responsible for shipping costs calculated at the time of delivery or upon receipt of commission. Thorgi Arts with Zipper will ship the commission package (with or without any agreed upon AND/OR appropriate insurance via ANY major carrier of TAWZ's choice). The commissioner is responsible for any and all additional costs associated with domestic or international shipping, including but not limited to insurance, duties, customs charges, import taxes, local taxes, handling or storage fees, inspection fees, or return fees. If the commissioner fails to provide correct shipping address, TAWZ shall not be held responsible for any failed delivery or fate of the commission package or its contents. If any commission package is returned to TAWZ, the commissioner assumes responsibility for all subsequent shipping costs necessary to resend.

 

Confidentiality of Proprietary Information: TAWZ reserves the right to keep confidential information regarding the materials, techniques, suppliers, processes, tools, and methods used to create the Product as regulated by PIIC. TAWZ shall not be obligated to disclose the foregoing information to the commissioner or other parties. 

 

Force Majeure: TAWZ 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 to acts of God, fires, floods, weather, pandemics, strikes or lockouts, factory shutdowns, embargoes, wars, civil unrest or riots, shortages in transportation, or any other outside factor beyond the control of TAWZ. 

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: Thorgi Arts with Zipper 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.

 

Thorgi Arts with Zipper 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.

 

Supersession of 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 Thorgi Arts with Zipper without notice.

Disclaimer: TAWZ operates from a home with pets.  If you are alergic to any pets, including but not limited to, Rats, Dogs, Cats, Reptiles and more, TAWZ cannot be held repsonsible should you decide to continue with an order of retail products or commissioned products, custom or not, of artwork and/or costumes.  This includes, but not limited to, all products ordered from the online store or the onsite store found at any retial locations around the United States.

 

 

 

 

 

*If you have any questions or concerns pertaining to any commission, please

contact us.