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Terms and Conditions of Use

Terms and Conditions of Use


General Information

(a) By interacting with this site shopcustommerch.com you are agreeing to these Terms and Conditions. If you do not agree with these Terms and conditions then you must stop using and interacting with this site.


(b) This agreement governs your use of this site and services, including all orders made or processed for products or services in connection with the site and service. You and Real Built Designs LLC, are the parties to this agreement. If you choose to use other features of this site, like opening a Creator Shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are deemed effective unless Real Built Designs LLC has agreed to them in writing.


(c) Real Built Designs LLC can change, modify and/or update these terms at any time. If changes were to occur you will be asked to accept the new terms as a condition of continued use of this site and service.


Website and Service Use

(a) Real Built Designs LLC owns all intellectual property and other rights, title, and interest in and to its site and service (excluding user-provided content). Your use of the site and service does not grant you any rights to these properties, except as follows: Real Built Designs LLC grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Real Built Designs LLC terms, rules, and guidelines found on this site, and Real Built Designs LLC may revoke this license and limit your access to the site and service according to Section (Termination of Access)


(b) You may not: modify, copy, create or reproduce any technologies used to provide the site and service; impersonate another person or entity; engage in any activity that interferes with another user's ability to use or enjoy the site and service.


Website product Prices

(a) All prices found on shopcustommerch.com are final and are subject to change. Shipping and handling costs may change due to delivery address and other factors. Sales taxes may apply to orders depending on the delivery address and/or zip code, jurisdiction code for your local area. Sales taxes, import taxes, and other types of taxes and fees associated with your order may apply depending on your country and local government regulations and laws.


(b) All customers must pay the purchase price, applicable sales taxes, shipping, and handling charges in full upon placing an order.


The Shops available on the Website

(a) Independent Creator shops and Real Built Designs LLC Shops are the two types of shops available on this website. Independent shop owner information is available on a linked page on their shop.


(b) Independent Creator shops are solely responsible for the products and designs offered in those shops, the design of those shops, and the advertising of the articles offered on their pages.

(c) Real Built Designs LLC and shopcustommerch.com do not use the added designs or digital products of the Independent Creator shops for our products. Those designs and digital products are owned by the Independent Creator listed on said account. Digital products and designs on Independent Creator shops will be produced by Real Built Designs LLC (InkHouse) or one of our Partner Facilities once a customer places an order that includes one of those designs or digital products from the corresponding Independent Creator Shop page.

(d) The use of Sellers/Independent Creators' digital product and/or design images by Real Built Designs LLC is allowed but not limited for use for advertising and marketing reasons, both on our shopcustommerch.com website and on all other websites that Real Built Designs LLC advertises on. Further information about the allowed use is spelled out in the operating contract between Real Built Designs LLC (if applicable) and said party, and located in the "Creator Shop Sellers Information" section.

INDEPENDENT CONTRACTORS (SELLERS, CREATORS)

The relationship between the Parties established by this Agreement is solely that of independent contractors. Nothing contained within this Agreement shall constitute Customer, Sellers, or Creators acting as an agent, partner, or joint venturer of Real Built Designs LLC (InkHouse) or our Partner Facilities (contractors, sub-contractors), and nothing contained herein shall grant Customer, Seller, or Creators the right or authority to create any obligation of or on behalf of Real Built Designs LLC (InkHouse) or our Partner Facilities (contractors, sub-contractors).

NON-EXCLUSIVITY

The Parties agree that this Agreement is not intended to be an exclusive arrangement for the sale of Products and nothing herein shall prevent Real Built Designs LLC (InkHouse) or our Partner Facilities (contractors, sub-contractors) from selling similar or the same Products in any other manner, including but not limited to on its channels of distribution or through other third-parties.


Website Sales

(a) By completing an order using Real Built Designs LLC website shopcustommerch.com and service, said customer is making a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Real Built Designs only (no contract exists between the customer and any applicable Creator Shop owners). Real Built Designs LLC typically sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer but only acknowledges that the order was received. The offer is only accepted when Real Built Designs LLC or one of our Partner Facilities (ex: contractors, sub-contractors) confirms that production has been completed in a second email or another similar form of contact method. Real Built Designs LLC cannot guarantee the continued availability of any products or designs found on its site.


(b) Real Built Designs LLC reserves the right to refuse sales, services, and/or all-out rejection of orders for any reason or no reason. If Real Built Designs LLC rejects an order, the customer will be notified.


Payments

(a) Customers may choose one of the options listed on the website to pay for their order amount. Real Built Designs LLC reserves the right to limit the method of payment chosen by the customer depending on a series of factors.


(b) If the customer fails to pay, Real Built Designs LLC may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.


(c) Until Real Built Designs LLC receives full payment for an order and the order is shipped, title to the goods remains with Real Built Designs LLC. Upon transfer of the goods to the carrier, title, and risk of loss pass to the customer.


Limitation of Liability

(a) By interacting with Real Built Designs LLC site (shopcustommerch.com) you agree that Real Built Designs LLC has no responsibility for any damages suffered by you in connection with the site and service provided, and the content, data, and/or software distributed by or accessed from or through the site is at your own risk.


(b) Real Built Designs LLC does not endorse or control any information, products, or services offered by third parties through the site. In turn, Real Built Designs LLC is not responsible for any possible representations and warranties these third parties may make.


(c) Due to the nature of the industry and our process, Real Built Designs LLC reserves the right to reasonably deviate from the descriptions found on its site, advertisements, and catalogs among other documents concerning color, weight, materials, measurements, design, and/or other features.


(d) Real Built Designs LLC provides shopcustommerch.com on an "as available" and "as is" basis. Real Built Designs LLC does not represent or warrant that the site and service or its use will be: free of inaccuracies, errors, or vulnerabilities. Also included the site may not meet your expectations, requirements, or may not operate in the configuration with the hardware or software you use to access the site. Real Built Designs LLC and shopcustommerch.com hereby disclaim all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.


(e) Real Built Designs LLC is not liable for any lost profits or other direct or indirect damages arising from or relating to the site and service. You use Real Built Designs LLC site and service at your own risk.


(f) All claims against Real Built Designs LLC must be conducted on an individual basis.


User Warranties

(a) If you upload a design or make changes to products in any way you represent and warrant to Real Built Designs LLC website (shopcustommerch.com) that you have all the necessary rights to use the text, image, or design without violating the rights of any third party. ( Examples: copyrights, trademarks, privacy laws/rights, common laws, etc.)


(b) You agree to reimburse and/or compensate for claims relating to the alleged or actual infringements of any third-party rights and any law to the extent that such claims relate to your use of Real Built Designs LLC site (shopcustommerch.com) and service.


(c) Deletion of your user or Seller/Creator Account does not release or "free" you from any agreements or obligations you have entered into with Real Built Designs LLC. Said agreements or obligations will exist indefinitely or until otherwise terminated following the applicable terms of the agreement or obligation.


Protection of Data

Real Built Designs LLC collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing of your information, keeping your sensitive information confidential (such as passwords, etc), and taking responsibility for actions taken in connection with your user or creator account.


DMCA (Digital Millennium Copyright Act)

Real Built Designs LLC will respond to legitimate requests under the DMCA and retains the right to deny service to any user if, in Real Built Designs LLC sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or any other intellectual property rights) of others. If you become aware of user content on Real Built Designs LLC site and service that infringes on your copyright rights, you may submit a properly formatted DMCA request to Real Built Designs LLC at this email address (support@shopcustommerch.com).


Other Terms and Conditions

(a) You guarantee that the information provided in your order(s) and user/seller/creator accounts is accurate and up to date and hereby waive all rights or objections relating to not having received notices.


(b) The words "including" or "includes" (or other interpretations of) in a sentence, phrase or list, does not mean the list is exclusive to said statements in the list(s).


(c) All persons under the age of 13 may not use the site. Real Built Designs LLC will not collect, use or disclose any personal information associated with a person under the age of 13. By interacting with this site you are agreeing that you are of the proper age (over 13) to use this site and in turn understand your role in this agreement.


(d) Real Built Designs LLC reserves all rights not expressly granted in this agreement and other agreements listed on this site.


(e) Because of changes in the industry, etc, Real Built Designs LLC reserves the right to update and/or change this agreement at any time as necessary. By interacting with this site (shopcustommerch.com) you are agreeing to this version of the agreement.

Partner Facilities

Real Built Designs LLC (InkHouse) may use Partner Facilities (ex: contractors, sub-contractors) to fulfill and distribute products purchased on our website (shopcustommerch.com). 


Creator Shop Sellers Information:


Payments to Sellers:

All payments due to the Seller will be paid to the Seller through PayPal, Bank Account, or other options shown on the Sellers Account dashboard by Real Built Designs LLC (InkHouse). If choosing PayPal as your payment option, You as the Seller are required to create a PayPal account using the same contact information used to sign up with your Shop account on the site (shopcustommerch.com). Once the payments due to the Seller are sent to their corresponding payment account the Seller agrees that Real Built Designs LLC obligation is satisfied. The Seller is responsible for verifying their contact information to ensure payments reach them properly. Real Built Designs LLC (InkHouse) reserves the right to require the Seller to provide us with a Form W-9 from the federal government, to designate a tax ID number for the Seller receiving funds from their Shop. Other documentation and forms may be requested from the Seller as needed.

 Pricing, Taxes, and Invoicing

  (a) Real Built Designs LLC (InkHouse) sets Product prices and displays these on the Website (shopcustommerch.com). Shipping costs are collected and shown separately. Price changes may occur at the sole discretion of Real Built Designs LLC (InkHouse), and such changes will be reflected on the Website (shopcustommerch.com)

 (b) All pricing and costs displayed on the website (shopcustommerch.com) and in this Contract are net prices and do not include VAT tax (value-added tax), import value-added tax, sales tax, or all other duties and taxes which may be charged to You, the purchaser. The purchaser is solely responsible for paying these taxes, and fees. Further information regarding fees and taxes is located elsewhere in this Contract as well. Real Built Designs LLC (InkHouse) may pay some of these taxes (ex: sales tax) on your behalf but to the extent of those instances, You (the purchaser/Seller), must provide Real Built Designs LLC (InkHouse) current, valid tax-related information at our request, including on resale certificates and/or VAT-ID. As a Seller of Real Built Designs LLC (InkHouse) and on our website (shopcustommerch.com) Sales Tax may be collected and remitted (reported) on your behalf. Taxes and fees not collected and remitted on your behalf are your (as the Seller) responsibility. Sellers must collect and remit all applicable taxes and fees (ex: sales tax, use tax, etc) if required by law. These laws change depending on location and all Sellers should contact a Tax Advisor and or business Attorney to consult on collection and reporting (payment) of these taxes and fees to the proper governing body.

 (c) Real Built Designs LLC (InkHouse) may, in its sole discretion, make different pricing programs available. Real Built Designs LLC (InkHouse) does not guarantee the availability of such programs and may suspend or discontinue such programs at any time. Details on such pricing programs can be found on Real Built Designs LLC (InkHouse) website (shopcustommerch.com).

 (d) You (Seller/Creator) agree to electronic invoicing only. Invoices will be made available in a format chosen at the sole discretion of Real Built Designs LLC (InkHouse) and will be downloadable via the website, software, email, and or service provided by Real Built Designs LLC (InkHouse) or a third-party provider (Partner Facility, contractor, or sub-contractor). If you are in delay with providing tax-related information (including but not limited to on your resale certificate or your VAT-ID) requested by Real Built Designs LLC (InkHouse) or provide incorrect or out-of-date tax-related information, you are not entitled to claim corrections to invoices created by Real Built Designs LLC (InkHouse). Further information about pricing, payments, and invoicing are provided elsewhere in this Contract.



Unclaimed Funds:

It is the Seller's responsibility to ensure their account information is accurate and up to date. If Real Built Designs LLC (InkHouse) is unable to send payments to the Seller because of but not limited to: a lack of account information, incorrect account information, insufficient account information, tax information (if applicable), or any other reasons not listed above Real Built Designs LLC (InkHouse) may then deem the funds unpayable and disperse the funds to a charitable organization of Real Built Designs LLC (InkHouse) choosing. Real Built Designs LLC (InkHouse) will make a good faith effort to contact the Seller and/or Beneficiary to transfer a payment following our Payments Processes for six months from the date of the first attempt at due payments initial transfer date.


Termination of Seller Account(s):

Real Built Designs LLC (InkHouse) reserves the right to terminate Seller accounts for reasons Real Built Designs LLC (InkHouse) deems fit without explanation. Upon termination of a Seller account, Real Built Designs LLC (InkHouse) will pay all due funds to said Seller following the company's Payment Processes. By creating an Account on the site (shopcustommerch.com) you agree to not modify, copy, rearrange, redistribute, distribute, reproduce, publish, display, sell, or otherwise use any of the Content or any part of the website without prior written permission from Real Built Designs LLC (InkHouse). Furthermore, you agree not to interfere, obstruct or modify any advertisements on the website (shopcustommerch.com).


Real Built Designs LLC (InkHouse) reserves the right to remove any account from the website (shopcustommerch.com) and/or decline to print, ship, refund, or otherwise respond to any Account holder/Seller as we deem appropriate. Especially in response to cases of fraud or misleading information. Seller Accounts created and used on this website shall be used in good faith by the Seller and for the websites, Shop accounts intended purpose, nothing else.

 Rights to Designs and Fulfillment Information and Your usage to the Services/Website

You agree that Real Built Designs LLC (InkHouse) and its Partner Facilities (ex: contractors, sub-contractors) may use the Fulfillment Information to reproduce, create derivative works from, translate, process, adapt, edit designs, distribute, publish, publicly perform, and publicly display; to decorate blank Products; and to process or change any data to ensure conformity with Real Built Designs LLC Service and other requirements during the term of this Contract on an irrevocable, non-transferable, worldwide, fully paid & royalty-free, and non-exclusive basis. This may not be interpreted to grant Real Built Designs LLC (InkHouse) any further ownership rights in the Fulfillment Information that Real Built Designs LLC (InkHouse) would not otherwise have. Notwithstanding any other provision in this Contract, Real Built Designs LLC (InkHouse) may at any time refuse to publish and/or to print your Fulfillment Information or remove the Fulfillment Information from the Service for any or no reason.


User/Seller Created Content:

By accessing/interacting and/or creating an Account you acknowledge and agree that any feedback, questions, comments, pictures, and all other forms of media submitted to the website or services provided by Real Built Designs LLC (InkHouse) is the sole property of Real Built Designs LLC (InkHouse) and is considered non-confidential. Real Built Designs LLC (InkHouse) owns exclusive rights and shall be entitled to the unrestricted use and distribution of these submissions for any purpose, including advertisements, without compensation or acknowledgment to you.


Furthermore, Real Built Designs LLC (InkHouse) reserves the right to edit or delete all submitted materials as Real Built Designs LLC (InkHouse) sees fit, without Account holder/Sellers consent. By interacting and engaging with the website (shopcustommerch.com) you agree to the above statement.