CONDITIONS OF SALE
REALY DESIGN LLC
189 Trumpet Vine Circle
Elgin, IL 60124
1. GENERAL
REALY DESIGN LLC (“Realy Design”) manufactures costumes and accessories on a made-to-order basis. Products are handmade and highly customized to Buyer’s needs. When Buyer places an order with Realy Design, Buyer agrees to these conditions of sale.
2. PURCHASING
Persons 18 years and older may purchase products through the Website.
Orders are placed through www.realy.design website. Please review Terms of Service for use of the website and our Privacy Policy. By using this website you are agreeing to these terms.
Visit the store to browse products available for purchase. Click on product image or click on the “Select Options” button below the image to view product page.
3. PRODUCT AVAILABILITY
Realy Design reserves the right to refuse service at any given moment in time, without prior notice. Realy Design reserves the right to change product quantities available, and the assortment of products, at any given moment in time, without prior notice.
4. CUSTOMIZATIONS
Realy Design’s products offer customization options, including but not limited to, size, color, markings, color fades, finish, etc. The buyer must carefully fill out the fields on the product page to their specifications. It is the buyer’s responsibility to thoroughly validate the order meets their preferences before completing the order. Once manufacturing begins changes cannot be made to the design.
4.1 Design Confirmation – Realy Design may contact the buyer to confirm design/customization details before manufacturing begins. This could be for several reasons, including but not limited to:
- Missing or invalid design attachment
- Order details appear to be erroneous
- There is a discrepancy between order entry & attached design details
- To confirm multiple customization options
Buyer has 7 days to respond to the design confirmation with any objections. If no response is received from the buyer in 7 days, Realy Design will begin manufacturing per order specifications. Once manufacturing begins changes cannot be made to the design.
4.2 Unacceptable Design – Not every design will work well in silicone. If Realy Design receives an unacceptable design request, Buyer will be contacted and supplied with an alternative design that is more appropriate for the medium. If the Buyer and Realy Design cannot come to an agreement on an alternative design within 15 days, order will be cancelled and refunded to the buyer.
Realy Design reserves the right to reject a design for any reason.
5. DESIGN INTEGRITY
“Custom Design” products provide the option for the buyer to upload a design for use in the making of their order. By providing a design, buyer agrees to submit their original design, or a design they have been given explicit permission to use for this purpose. Realy Design will not create copyrighted characters. Realy Design is not responsible for knowing all copyrighted characters in existence.
If Realy Design learns an unoriginal design was submitted without permission for its use, the order will be cancelled immediately. It is at Realy Design’s sole discretion if any refund is applicable based on order status and time of cancellation.
6. APPEARANCE
Colors and markings displayed on the site are approximate. Every item is hand made for each person, as such, there may be slight variations in color / marking placement. Additionally, colors look different on a monitor than they do in silicone. Monitors vary from one to the next, and are backlit, so colors appear more vibrant. Please take this into consideration when selecting colors and understand the product received may not exactly match how it appears on the computer or phone screen.
Photos on the Site may not be of the exact product that is shipped to the Buyer. Realy Design uses reasonable effort to verify information, photos, and graphical representations on the website are accurate representations of our products. Realy Design will not be held liable for any inaccuracy or error displayed on the website including but not limited to information, photos, and graphical representations.
7. CHECKOUT
Once product selection is completed, and any customizations are selected, buyer clicks “add to cart” to place the item in the cart. Buyer will see a flash notification that item has been added to the cart, and gives Buyer an option to “view cart.” Buyer may continue to shop and add additional products to the cart or proceed to check out. When viewing the cart, buyer can click on the “X” to remove a product from the cart. After buyer selections are made, and carefully reviewed, proceed to check out by clicking on the basket icon in top right corner and selecting “check-out.” Or by clicking the “check out” option in site navigation bar.
8. PRICES
All prices are shown in U.S. Dollars. Realy Design reserves the right to change prices at any time with or without notice.
9. SHIPPING
All orders are currently shipped USPS priority mail, flat rate. Delivery costs are shown in USD during checkout. Delivery costs are subject to change at any time with or without notice. Delivery costs calculated at the time Realy Design accepts the order will be honored.
10. SALES TAX
Sales tax is calculated and collected during check out. All amounts are in USD. Buyer agrees to pay all taxes of every description, federal, state, and municipal, that arise as a result of this sale, excluding income taxes.
11. PAYMENT
Realy Design accepts the following major credit cards: Visa, Mastercard, American Express and Discover.
Payment is due in full at the time of purchase. For orders over $1,000 a payment plan may be available. Contact Realy Design for availability and options. Manufacturing does not begin until order is paid in full.
During payment process buyer will input their payment and personal details to complete the transaction. Buyer hereby represents and confirms they are the legitimate holder of the credit card used for payment and that payment details are correct. Upon payment authorization, total amount of order will be paid in full on provided credit card to REALY.DESIGN
12. ORDER CONFIRMATION
Once checkout is complete, the order is placed, and buyer will receive an email notification with order details.
13. ORDER CANCELLATION
Buyer reserves right to cancel an order within 48 hours of placing an order. Buyer must communicate desire to cancel the order by email before midnight of the 2nd day from when order confirmation was received. Realy Design will make reasonable effort to issue refund within 14 days of cancellation request.
14. MANUFACTURE TIME
All products are made to order. Time to complete each order varies based on but not limited to; number of items purchased, number of customizations, design complexity, availability of supplies, and current workload. All manufacture times provided are only estimates. Buyer agrees to allow adequate time for hand crafted and highly detailed work when placing an order with Realy Design. The creative process cannot be rushed.
Realy Design will not guarantee order is ready by a certain date or convention.
NO RUSH ORDERS ACCEPTED.
15. MATERIALS
Silicone Products are made from high quality skin-safe silicone. Accessories & Apparel are made from high quality fabrics and materials. Please see individual product pages for detailed specifications.
Products are manufactured in an environment with traces of chemicals such as but not limited to; silicone rubber, urethane plastics, sealers, release agents, adhesives, etc. Realy Design is not liable for any allergic reactions, illness, or health defects that our products might cause.
16. DELIVARY
Buyer shall pay reasonable shipping costs in accordance with its shipping instructions, but the seller shall be responsible for packaging, shipping and safe delivery and shall bear all risk of damage or loss until the goods are delivered to the buyer’s address or intended recipient if not the buyer themselves.
17. INSPECTION
Buyer, upon receiving the Product, Buyer shall have a reasonable opportunity to inspect the Product to determine if it conform to the order requirements in completeness, correctness and for any shipping damage. If Buyer, in good faith, determines that all or a portion of the Product are non-conforming, Buyer needs to provide written notice to Realy Design within 3 days of receiving the Product. To give notice of non-conforming Buyer must email robbin[AT]realy[DOT]design. If notice is not given within 3 days of receipt of Product, Realy Design is not responsible for any corrective action.
18. DEFECTIVE PRODUCTS
Realy Design maintains a high standard of quality for its products through careful crafting and attention to detail. If buyer believes they’ve received a defective or damaged product it must be reported to robbin[AT]realy[DOT]design within 24 hours of receiving the product. Please detail any concerns with the product when issuing report. Realy Design is not responsible for damage to product from standard wear and tear.
If product is deemed defective, there are a few options available depending on defect and product. Options may include, but are not limited to; Realy Design may send same product to buyer subject to availability, issue store credit for equal value, or offer to repair the item and send it back to the customer at the companies expense.
19. RETURN POLICY
Realy Design products are hand-made and custom. All sales are final. No returns. No exchanges.
20. REPAIRS
Repairs may be available for Realy Design products. Repair costs are not included in the product price. Repair costs are assessed on a case-by-case basis. Contact Robbin[AT]realy[DOT]design for any repair inquiries. Include detailed description or images of damages to be repaired.
21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY REALY DESIGN ON AN “AS IS” AND “AS AVAILABLE” BASIS. REALY DESIGN MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REALY DESIGN SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF REALY DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. WAVER OF LIABILITY AND INJURY
Realy Design is not responsible for any injuries resulting from use of our products. All users of our products assume risk resulting from it’s use. Practice safe swimming with adult supervision. Do not swim alone. Do not attempt to swim at depths or for lengths of time beyond your abilities.
23. FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extend necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
24. DISPUTE RESOLUTION
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relation to the subject matter of this Contract. The arbitrator(s) shall not have the authority modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgement may be entered in conformity with
the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
25. CONFIDENTIALITY
Both parties acknowledge that during the course of this Agreement, each may obtain confidential or personal information regarding the other party. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
26. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
27. AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.
28. SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would be come valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
29. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
30. APPLICABLE LAW
This Agreement shall be governed by and construed according to the laws of the State of Illinois without reference to its conflicts of law principles.