(Last Updated: June 1, 2018)
These Terms and Conditions (the “Terms and Conditions”) set forth the provisions that apply to your use of the Aporia Customs, LLC, website located at www.aporiacustoms.com (the “Site”). The terms “Aporia Customs, LLC,” “we,” “company,” “our” or “us” refer to Aporia Customs, LLC, its affiliates and/or subsidiaries. The words “you”, “your,” “yours,” and “customer” refer to the individual or entity that uses or views the Site(s) and/or makes a purchase for a product or service on the Site. You attest that you are at least eighteen (18) years of age or possess your parent or legal guardian’s consent and are fully able and competent to enter into, abide by and comply with the terms contained in these Terms and Conditions.
Your use of the Site constitutes your agreement to all such Terms and Conditions. If you do not agree to be bounded by these Terms and Conditions, immediately discontinue your use of the Site. The Site may also contain additional terms that govern particular features, offers, products or services (e.g., sweepstakes or contests in which the additional terms and guidelines are contained within the contests). In the event that any of the Terms and Conditions contained herein conflict with the additional terms contained within the Site(s), then these Terms and Conditions shall control. Aporia Customs, LLC, grants you a non-exclusive, non-transferable, limited right to enter and use this Site. Your use of this Site constitutes your agreement to not interrupt or attempt to interrupt the operation of this Site in any way. If you do not agree with, accept or understand these Terms and Conditions, discontinue your use of the Site. Aporia Customs, LLC, has the right to revoke your access to the Site at any time with or without notice.
Changes to the Terms and Conditions
Aporia Customs, LLC, reserves the right to change and/or update the terms, conditions, and notices under which the Site is offered. We may change the Terms and Conditions at any time with or without notice. It is your responsibility to review these terms and conditions each time you visit the Site. Your continued use of the Site indicates that you acknowledge, understand and accept the Terms and Conditions. Before checkout, you are given a box to check to verify you understand and will follow our terms and conditions. Once the box is checked you agree that all terms and conditions are in effect and are enforced.
You may be required to create an account for the purpose of using or ordering a product or service from our Site. To create an account, you are required to (1) provide accurate information to create your account, (2) update your account to maintain the accuracy of the information included in your account, (3) keep your account information secure and confidential, and (4) be responsible for any loss or damage that results from the creation, maintenance and use (both authorized and unauthorized) of your account or the Site.
Billing and Payment Methods
- a) We offer you the ability to make transactions on our Site using an electronic payment method. If there is a price associated with a product or service offered by us, you agree to pay that price, in addition to any applicable shipping costs, taxes or fees. All prices are exclusive of any taxes, costs, import fees, delivery charges or exchange rate settlements which may be applicable to the purchase or delivery of the product or service for which you may be responsible unless otherwise stated herein. We accept Visa, MasterCard, Discover, American Express, or PayPal Payments (“Electronic Payment”). We offer the ability to make Electronic Payments as a courtesy to you and for your convenience. By submitting your personal information and Electronic Payment information to us via our Site, you authorize us to withdraw the designated funds from your account at your designated banking or financial institution, based on your payment instructions and for the limited purpose of purchasing goods and services from the Site.
- b) We may delay, suspend or reject an Electronic Payment from you for a transaction including, without limitation, if the transaction (a) may subject us to a financial or security risk, (b) is unauthorized, suspicious or fraudulent (c) causes unnecessary or undue risk or (d) violates the provisions contained within these Terms and Conditions or any other Aporia Customs, LLC, policy. In the event that you decide to cancel a purchase made on our Site, your banking or financial institution may place a temporary hold on the funds in your account in the amount of your purchase until the transaction is reversed at your banking or financial institution. The temporary hold may be placed on these funds for three (3) to seven (7) business days or for as long as determined by your banking or financial institution. You should contact your banking or financial institution for questions regarding any debits or credits to your account for purchases made or reversed on our Site.
We strive to make our Site available to you on a continual basis. However, the Site may be unavailable during periods of unplanned service outages, planned maintenance and service and desired upgrades to our product and service offerings. We are not responsible for any damage or loss including, but not limited to, loss of content, hardware or software malfunction or any other loss, damage or expense you may suffer in the event that our Site becomes unavailable to you due to a service interruption or for any other reason.
We reserve the right, in its sole discretion, with or without notice, to terminate, suspend and/or restrict your access to any Site(s) and the related services or any portion thereof at any time, with or without notice.
Ownership of Website Content
- a) Aporia Customs, LLC, Content. The Site shall include, without limitation, texts, graphics, images, pictures, text, logos, trademarks, patents, names, processes, policies, data, claims or videos that are owned by us are proprietary in nature, and are subject to protection by national and international intellectual property law (‘Content”).
- b) User Content. We may allow you to upload content to our Site (“User Content”). All content displayed, shared, input or uploaded to the Site shall become the property of Aporia Customs, LLC, its affiliates and/or subsidiaries. By posting content to our Site, you agree and understand that we assume no responsibility or liability for any User Content posted or provided on our Site. By uploading or inputting User Content, you hereby convey any ownership rights to us. You may not upload any materials, data, video, text, images, media, graphics, sound files, records or other content which may:
- i) be used to slander, harass or threaten any third party, entity or individual;
- ii) include content deemed profane, obscene or otherwise inappropriate;
iii) include a virus, worm, bug, Trojan horse or any other malicious malware which may harm, copy, distribute, disseminate or reverse engineer this site or its content;
- iv) allow unauthorized access to the company’s data, materials, drawings, images, records, media and /or customer information
- v) access the site for use in an unauthorized way or to access customer personal or identifying information, lists, records, data or Electronic Payment information
All content on the Site is protected as a collective work under U.S. and international copyright laws. We own the copyright in the selection, display, and arrangement of all content. You may use the Site specifically for the purpose for which it is intended and only for non-commercial, personal use.
Links to Third Party Sites
As a service and convenience to our customers, we may provide links to third-party websites (“Linked Site(s)”). Any website you visit as a result of using a link provided on our Site is the under the control of and the responsibility of the vendor, merchant, or owner of that Linked Site. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aporia Customs, LLC, will provide links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site by Aporia Customs, LLC, or any association with its operators. Any transactions that you enter into with a third-party vendor, merchant or other individual or entity are solely between you and that vendor, merchant, individual or entity. We hereby specifically disclaim any and all liability for loss or damage that results or arises from your transaction, access to, communication and/or activities with a Linked Site.
Copyright and Trademark Notices
Unless otherwise designated, all contents of the Site are copyrighted work, owned by Aporia Customs, LLC, its affiliates and/or subsidiaries and are protected by copyright law. All rights are reserved. The processes, products, services, the Aporia Customs, LLC, wordmark, the Aporia Customs, LLC, logos, and/or other Aporia Customs, LLC, trade names, taglines or trade dress referenced herein are either pending or registered patents or pending or registered trademarks of Aporia Customs, LLC, its affiliates and/or subsidiaries. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
Notices and Procedures for Making Copyright Claims
We respect the rights of all entities and individuals regarding the ownership of intellectual property. Pursuant to Title 17, United States Code, Section 512(c) (2) and Title 17, United States Code, Section 512(c)(3), Aporia Customs, LLC, has established the following procedure for submitting infringement notices to the company. All notices should be sent to:
Aporia Customs, LLC
P.O. Box 7111
Berlin, CT 06037
Attention: Intellectual Property Department
All notices shall include the following information:
1) A statement that details the ownership and holder of exclusive right to the intellectual property or that you are acting on behalf of the owner.
2) A statement, under penalty of perjury, that the information in the notice is accurate.
3) A complete description of the property for which infringement is claimed.
4) A complete name and official ownership number of the intellectual property.
5) Your contact information to include name, street address, postal address, email address and contact telephone number.
6) A statement indicating that use of the intellectual property at issue has not been licensed, granted or otherwise conveyed to Aporia Customs, LLC, or its affiliates and/or subsidiaries.
7) A valid signature of the entity or individual alleging infringement.
Once the infringement notice has been received, we will review the notice and respond appropriately. Please forward any and all questions regarding our intellectual property portfolio to the address provided above.
Notice of Dispute
If you have a dispute or claim against Aporia Customs, LLC, its affiliates or subsidiaries, you are required to send a notice detailing the facts of your dispute or claim to:
Aporia Customs, LLC
P.O. Box 7111
Berlin, CT 06037
Either we, directly or through our legal representative, will contact you with a response specific to the facts included in your notice. You agree to resolve all claims or disputes in the federal and state courts of Connecticut and located in the county in which our headquarters is located.
Governing Law and Jurisdiction
All claims or disputes arising out of or which result from the use of the Site(s) shall be properly held in the federal and state courts of Connecticut and located in the county in which our headquarters is located. All disputes shall be resolved applying the state law of Connecticut without regard for its conflict of law provisions.
Compliance with Law
We shall operate and offer our products and services domestically and internationally, as allowed by applicable law. We shall comply with all applicable laws, rules, regulations and statutes which govern our products and services. When you visit the Site, submit inquiries and/or make a purchase through our Site, we agree to protect your personal information in accordance with applicable law. Your use of the Site(s) shall comply with all applicable state, provincial or national law. It is your responsibility to make yourself abreast of any regulations which govern your use of the Site(s) and comply with applicable law.
We make no warranty, express or implied, with respect to your use of the Site. You agree and understand that we make the Site available to use “as is” and we make no guarantee with regards to the quality, reliability, suitability, availability, timeliness, security, accuracy, implied warranties of merchantability, fitness for a particular purpose or workmanship of the Site, except as provided for herein and to the extent permitted by applicable law. The Site should not be relied on for personal, professional, medical, legal or financial advice and you should consult the appropriate professional for specific advice tailored to your situation.
Limitation of Disclaimer
In no event shall Aporia Customs, LLC, its suppliers, affiliates and/or subsidiaries be responsible or liable for any loss or action including, but not limited to any direct, indirect, punitive, incidental, special or consequential or any other damages which arise out of, result from or are in any way connected to (a) loss of use, privacy or security, (b) loss of data or profits, (c) loss of availability, delay or inability to use the Site including, but not limited to, any products, services, information, software or graphics, which results from, arises out of or is in connection with your use of the Site, our products and/or services; whether based in contract, tort, negligence, strict liability or otherwise, even if Aporia Customs, LLC, has been advised of the possibility of such damages or should have been aware of the possibility of such damages. If you are dissatisfied with any portion of the Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
Ordering & Shipping
All items that are shipped through USPS, UPS, FedEx, or DHL are handled directly through their services. Once a package is sent out you agree that you release us from all liabilities of the package. This means that you are responsible for making any claims to the following shipping companies above if you have any shipping related questions or issues. Aporia Customs, LLC, is not responsible if a package is lost, damaged, or stolen. We can direct you to the proper places if you need assistance in either tracking your package or finding out its whereabouts. Aporia Customs, LLC, is also not deemed responsible for any duties or tax fees that the customer is responsible for. If the package is returned to us due to the fees not getting paid then the customer can either re-pay for the shipping or they will not receive their package both domestic and internationally until new payment is processed. We do not give refunds for lost packages, or damaged goods. In order to get guaranteed shipping, you must select the Overnight, Next Day Air, or 3 Day Select UPS shipping option. Any other options will be based on the shipping carriers schedule.
For any and all designs that are made through Aporia Customs, LLC, is considered our property meaning that the designs can only be manufactured by us. When products are made they are not always going to match the design 100% when it comes to the following: (fabric, colors, size, placement, and etc). Also, if the customer provides us with a png, jpg, or psd there are no guarantees that the product will come out at a high-resolution scale due to the pixels being locked at the ratio it was made for. As long as the customer provides the proper file types such as ai, eps, or svg, then the design should come out in high resolution with little to no errors. If the customer should provide us a design that does not correspond with our necessary requirements, then we have the right to decline the customer’s design.
All designs will take about 5-8 business days
As a service and convenience to our customers, we provide a size chart of our different variety of products that are made with different fabrics. You are responsible for viewing the size chart to make sure you are ordering the correct size. Aporia Customs, LLC, is not responsible for any orders that were submitted incorrectly because we provided the size chart to allow you to ensure the size you selected will fit properly. We also offer custom dimensions to allow anyone with a particular size to be comfortable in our sublimated apparel.
If Aporia Customs, LLC, cannot obtain a particular product for your order, we will try to match the same brand of that material with something we have in stock. You are responsible for any material that you choose for your order. Before your order is placed, you are responsible to confirm with Aporia Customs, LLC, what material you have decided on. Aporia Customs, LLC, is not responsible for any products that might be discontinued by our Suppliers. Aporia Customs, LLC, will try to match any materials that were requested but are not guaranteed due to the limited supply of all materials. All products are only available while supplies last. No product is guaranteed until a final purchase order has been submitted with full payment. Aporia Customs, LLC, is not responsible for any deadlines that are not met due to any form of payment hold.
All of the following items must be completed in order for any production to occur:
- Your order must be submitted.
- All designs must be confirmed with an Aporia Customs, LLC, Representative.
- All sizes (if clothing) must be confirmed with an Aporia Customs, LLC, Representative
- Your order must be paid in full and have been cleared by your payment process.
For our many products and services that we offer there are several different timelines to expect for the process of manufacturing and producing custom merchandise. All apparel takes 7-14 business days for production and jerseys take 7-16 business days for the complete production of the products. Custom controllers take 15-20 business days to customize, assemble, and test. The shipping timeline is separate from our production timeline and it varies per customer. Aporia Customs, LLC, is not responsible if any natural disaster should occur and affect your order.
Delays in Production, Shipping, and Supplies
Aporia Customs, LLC, is not deemed responsible if any of the following events should occur during the time of your order:
- Natural Disasters
- Non-Business Hours
- Shipping Problems
- Supply Problems
Under no circumstance does Aporia Customs, LLC, offer or accept refunds and/or exchanges due to the items being fully customized and personalized. You hereby agree that Aporia Customs, LLC, is not responsible for any production error when using the files provided by You “The Consumer.” You are responsible for any designs that are submitted through the website and if the designs do not meet the specifications of the quality that we require you to provide through the website, Aporia Customs, LLC, is not deemed responsible for any bad quality prints. Any and all designs produced by Aporia Customs, LLC, are created “as is” and will not be modified or refunded under any circumstances once the customer finalizes the design.
Aporia Customs, LLC, only provides a 1-month warranty on any electronic components in the controller. We are not responsible for problems with any wears and tears of the controllers. Aporia Customs, LLC, only covers untampered with controllers. If you should tamper with any of the components of the controller your controller’s warranty will be nulled and voided. Aporia Customs, LLC, only provides a warranty on its peripherals. Any clothing manufactured by Aporia Customs, LLC, does not include a warranty due to it being fully customized and personalized.
All commissions are sent out on a monthly basis and the customer will choose the desired commission rate that they want set on each product in their store. If the recipient removes the commission off any products, then any sales with those products during that period will be excluded. All orders that are completed monthly will be paid out each pay cycle period. Any processing or incomplete orders will not be accounted for at the end of the month because until the order is completed and delivered to the customer, then the commission will be credited to the customer. The customer will need to send in a request to [email protected] to claim the commission through PayPal. If the customer does not claim the commission between the 1st and the 10th of the month, then they will have to wait until the next pay cycle to claim it. If the terms and conditions are violated, then the customer will not receive his/her commission credited to their account and it will be forfeited over to Aporia Customs.