ውሎች እና ሁኔታዎች

Last Updated: December 18, 2025

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to the CustomPlushMaker online store. These Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a legally binding agreement between you (the “User,” “Customer,” or “You”) and CustomPlushMaker (the “Company,” “We,” “Us,” or “Our”).

By accessing this website (the “Site”), browsing our products, uploading designs, or placing an order, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must strictly refrain from using this Site.

2. CONTRACTING ENTITIES AND PAYMENT PROCESSING

To facilitate global transactions, our services are provided through the following entities depending on your payment method and location:

• European Payment Transactions: If you reside in the European Economic Area (EEA) or choose to pay by credit card processed via our European Acquirer, this Agreement regarding payment processing is between you and ZAMBITIOUS S.L., a Spanish company with its registered office at LEFT DOOR, 2ND FLOOR, BLOCK C, SAN BENITO STREET 1, 03013 ALICANTE/ALACANT, ALICANTE, SPAIN. For such specific transactions, ZAMBITIOUS S.L. is the merchant of record responsible for the transaction processing.
• Product Fulfillment and General Services: For all matters regarding product manufacturing, customization, quality, warranty, and for all purchases not processed by ZAMBITIOUS S.L., this Agreement is between you and CustomPlushMaker (based in China).

3. USE OF SITE AND LICENSE

• 3.1 Age Requirement: You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
• 3.2 Limited License: Subject to the terms of this Agreement, We hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Us in advance.
• 3.3 Prohibited Uses: You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Us in writing.

4. USER ACCOUNTS AND SECURITY

• 4.1 Account Responsibility: We may assign you a password and account identification to enable you to access certain portions of this Site. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
• 4.2 Liability for Access: You shall be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you, whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all financial obligations incurred through such access or use.
• 4.3 Security Breach: You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

5. PROHIBITED CONDUCT AND USER RESPONSIBILITIES

We are committed to maintaining a respectful and lawful environment. You agree strictly NOT to:

1. Upload, distribute, or otherwise publish any content, information, or other material that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
2. Post content that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S., EU, or international law;
3. Transmit any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties;
4. Engage in abusive, aggressive, or threatening behavior towards our Customer Service Team, including but not limited to the use of profanity, discriminatory remarks, or unsubstantiated allegations.

Violation of this section may result in the immediate termination of your account, cancellation of active orders, and a permanent ban from our services.

6. CUSTOM PRODUCTS, CANCELLATIONS, AND RETURNS

Due to the specialized nature of our business, which involves Custom-Made Products (e.g., plush toys created from your unique drawings or specifications), our return and cancellation policies differ from standard retail terms.

• 6.1 Custom-Made Products (No Return/No Cancel):
  • Production Lock: Once a custom order has entered the “Production” phase, it cannot be canceled, modified, or refunded. These items are created specifically for you and have no resale value.
  • Final Sale: All custom-made products are FINAL SALE. We do not accept returns for custom items due to “change of mind” or personal preference nuances, provided the product substantially matches the approved prototype or design.
• 6.2 Standard Stock Items:
  • For non-custom, ready-made items purchased from our inventory, you may request a return within 14 days of receipt, provided the item is in its original, unused condition with all tags attached. Return shipping costs are the responsibility of the Customer unless the return is due to Our error.
• 6.3 Defective or Damaged Items:
  • If you receive an item (Custom or Stock) that is materially defective or damaged upon arrival, please contact our Support Center within 7 days of delivery. We will arrange for a replacement, repair, or refund at our discretion, in accordance with our Warranty Policy.
• 6.4 Order Cancellation Pre-Shipment:
  • Paid/Processing: Orders that have been paid but have not yet entered the manufacturing stage (for custom goods) or shipping stage (for stock goods) may be eligible for modification or cancellation, subject to a potential processing fee.
  • Shipped: Orders that have already been packed or shipped cannot be canceled.

7. INTELLECTUAL PROPERTY RIGHTS

• 7.1 Company IP: All text, graphics, button icons, logos, slogans, trade names, and other content on the website belong exclusively to Us or our content suppliers. The collection, arrangement, and assembly of all content on this Site (the “Compilation”) belong exclusively to Us.
• 7.2 User Submissions & License: By submitting any designs, drawings, photos, or ideas (“Submissions”) for the creation of custom plush toys, you grant Us a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, and create derivative works from such Submissions for the purpose of fulfilling your order and for our internal record-keeping.
• 7.3 User Warranty: You represent and warrant that you own or otherwise control all of the rights to the Submissions you provide and that use of your Submissions by Us will not infringe upon or violate the rights of any third party. You agree to indemnify and defend Us against any claims arising from our use of your provided designs.

8. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Legal Department with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

9. DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION.

10. DISPUTE RESOLUTION AND ARBITRATION

Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and We have against each other are resolved.

• 10.1 Arbitration Agreement: Any dispute, controversy, or claim arising from or in connection with this Contract/Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be submitted to the Shenzhen Court of International Arbitration (SCIA) for arbitration.
• 10.2 Arbitration Rules: The arbitration shall be conducted in accordance with the SCIA’s arbitration rules in effect at the time of applying for arbitration.
• 10.3 Finality: The arbitral award rendered by the SCIA shall be final and binding upon both parties.
• 10.4 Seat of Arbitration: The seat of arbitration shall be Shenzhen, China.

11. GOVERNING LAW

• 11.1 Payment Disputes: Solely for disputes arising directly from credit card payment processing services provided by ZAMBITIOUS S.L., this Agreement shall be governed by and construed in accordance with the laws of Spain.
• 11.2 General Disputes: For all other matters, including but not limited to product liability, contract formation, shipping, and intellectual property, this Agreement shall be governed by the laws of the jurisdiction where the arbitration seat is located (China), without regard to its conflict of law provisions.

12. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement remain in full force to the extent permitted by law.

13. CHANGES TO TERMS

We reserve the right to change this Site and these Terms and Conditions at any time. Modifications will be effective immediately upon posting. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.