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TERMS OF PURCHASE

MGM Crafts’ published information for custom product customers.

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CUSTOM ORDER TERMS.

Published policy from MGM Crafts. Read the source policy ↗

Welcome to MGM Crafts. These Terms of Purchase govern all orders for custom metal crafts, including but not limited to challenge coins, lapel pins, medals, and related custom products (collectively, “Products”). By placing an order with MGM Crafts (“we,” “us,” or “our”), you (“you,” “your,” or “Customer”) agree to be bound by these terms. These terms apply to all orders placed through our website or via direct contact.

1. Scope of Application

1.1 These Terms of Purchase constitute a binding agreement between you and MGM Crafts for the purchase of custom Products.

1.2 By submitting an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Purchase.

1.3 These terms apply to all custom product orders placed via MGM Crafts’ official website or through direct communication with our sales team.

1.4 Modifications to these terms may be posted on our website from time to time; such modifications shall apply to new orders placed after the date of posting.

2. Product Images and Representation

IMPORTANT NOTICE: Product images displayed on our website, in our catalogs, or provided during the ordering process are DIGITAL MOCKUPS AND/OR SAMPLE PHOTOGRAPHS for illustrative purposes only. Actual items may vary from the images shown.

2.1 Digital Mockups: The visual representations, renderings, and computer-generated images (collectively, “Digital Mockups”) displayed on our website or provided to you during the order process are intended to give a general representation of the requested custom design. Due to the nature of custom manufacturing:

◦ Actual Products may vary slightly in appearance from Digital Mockups

◦ Minor differences in finish, texture, color saturation, and overall appearance are normal and do not constitute a defect

◦ Size proportions in Digital Mockups may not exactly match the final Product

2.2 Sample Photographs: When sample photographs of existing Products are displayed, they represent specific items that may have been produced under different conditions, with different materials, or at different times. Variations are inherent in custom manufacturing.

2.3 Color Representation: Colors displayed on digital screens (computers, tablets, phones) are rendered using RGB/CMYK color models and screen settings that vary by device. The actual colors of your custom Products—particularly for enamel-filled items (cloisonné, soft enamel, hard enamel, etc.)—will be mixed and fired using pantone-matched enamel pigments. While we strive to achieve the closest possible color match, we do not guarantee exact color matching between Digital Mockups and the final Product. Slight color variations are inherent in the enamel filling and firing process.

2.4 No Guarantee of Identity: The display of any Product images does not represent or warrant that the final Product will be identical to the image shown.

3. Order Process

3.1 Order Submission: You are solely responsible for providing accurate and complete order details, including but not limited to:

◦ Product specifications (size, material, design, plating, enamel type)

◦ Quantity ordered

◦ Shipping and billing addresses

◦ Contact information

Inaccurate or incomplete information may cause delays in production and delivery. MGM Crafts shall not be liable for delays or errors resulting from inaccurate information provided by the Customer.

3.2 Order Confirmation: An order is confirmed only after:

◦ You have received our order confirmation email; AND

◦ You have completed payment (including any required deposit) within three (3) business days of receiving the confirmation

3.3 Digital Proof Approval: Before production begins, we will provide you with a digital proof (a visual representation of your custom design) for review and approval.

◦ You are solely responsible for reviewing the digital proof carefully and confirming that all details, including text, logos, symbols, sizes, and colors, are accurate and as intended.

◦ By approving the digital proof, you acknowledge that the design has been reviewed and meets your expectations.

◦ Production will not commence until written (email) approval of the digital proof is received.

◦ Once the digital proof is approved, the order is final and binding. Changes to the design after approval may incur additional fees and may delay production.

3.4 Order Cancellation:

◦ Before production begins (i.e., before digital proof approval): Full refund, less any transaction fees.

◦ After production has begun or been completed: Orders are non-cancellable. No refunds will be issued once production has started, as custom Products are manufactured specifically for the Customer and cannot be resold.

◦ Cancellation requests must be submitted in writing to info@mgmcrafts.com.

4. Intellectual Property

4.1 Customer’s Representations and Warranties: By placing an order with MGM Crafts, you represent and warrant that:

◦ You own or have obtained proper authorization to use all designs, logos, trademarks, artwork, text, and other intellectual property (“Customer Content”) provided to us for the production of your custom Products

◦ The Customer Content does not infringe upon, violate, or misappropriate any third party’s intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets

◦ You have the right to authorize MGM Crafts to produce custom Products incorporating the Customer Content

4.2 Indemnification: You agree to indemnify, defend, and hold harmless MGM Crafts, its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

◦ Any assertion that the Customer Content infringes or violates any third party’s intellectual property rights

◦ Any claim that MGM Crafts’ production of the custom Products violated any law or third-party rights

4.3 Design License: MGM Crafts does not claim any ownership rights in the Customer Content. However, by providing Customer Content to us, you grant us a limited license to use such content solely for the purpose of producing your custom order.

4.4 MGM Crafts Intellectual Property: Any designs, artwork, molds, dies, or tooling created by MGM Crafts for your order that are not derived from Customer Content (“MGM IP”) shall remain the exclusive property of MGM Crafts. You do not acquire any ownership rights in MGM IP.

5. Payment

5.1 Accepted Payment Methods: We accept payment via PayPal, bank transfer, and major credit cards (USD only).

5.2 Payment Terms:

◦ Payment must be completed within three (3) business days of receiving order confirmation.

◦ Failure to complete payment within the specified timeframe may result in order cancellation without notice.

5.3 Deposit Requirements:

◦ For orders totaling $1,000 USD or more: A deposit of 50% of the total order amount is required at the time of order placement.

◦ The remaining balance is due in full prior to shipping.

5.4 Currency: All transactions are conducted in United States Dollars (USD). MGM Crafts is not responsible for currency exchange fees or rate fluctuations.

5.5 Taxes and Duties: You are responsible for all applicable taxes, customs duties, VAT, and other governmental charges associated with your order. These charges are not included in the quoted price unless otherwise specified.

6. Production

6.1 Production Timeline: Standard production time is 7-15 business days from the date of digital proof approval and receipt of full payment (including any deposit). Rush order options may be available—see Section 10 for details.

6.2 Estimated Timeline Not Guaranteed: Production timeframes are estimates based on standard production conditions. We do not guarantee that orders will be completed within the estimated timeframe. Factors that may affect production time include but are not limited to:

◦ Order complexity and customization level

◦ Availability of materials

◦ Production queue and capacity

◦ Quality control requirements

◦ Holidays and seasonal demand

MGM Crafts shall not be liable for any delays in production or delivery, nor for any consequential damages resulting from production timelines.

6.3 Quantity Tolerance: Custom manufacturing involves inherent variations. You acknowledge and accept a quantity tolerance of +/- 5-10% of the ordered quantity. In the event that the actual quantity delivered varies from the ordered quantity:

◦ If the quantity delivered is less than ordered: You will be invoiced/charged only for the quantity actually delivered.

◦ If the quantity delivered is more than ordered: You may keep the additional items at no additional charge, or return them at your expense.

◦ Requests for exact quantity production may incur additional fees and still cannot be guaranteed.

6.4 Molds, Dies, and Tooling: All molds, dies, tooling, and production files (collectively, “Tooling”) created or used in the production of your custom Products:

◦ Remain the exclusive property of MGM Crafts

◦ Confirm the tooling-retention period with MGM in writing before placing your order.

◦ May be discarded if no follow-up orders are placed within the applicable retention period

◦ Are not transferable to the Customer or any third party

7. Shipping and Delivery

7.1 Shipping Carriers: We ship via DHL, FedEx, and UPS. The shipping carrier for your order will be selected based on destination, package size, and shipping speed.

7.2 Shipping Costs: All shipping costs, including handling fees, freight charges, and insurance (if applicable), are the sole responsibility of the Customer. Shipping costs are not included in the Product price unless explicitly stated.

7.3 Risk of Loss: Risk of loss, damage, or delay transfers to you upon delivery of the Products to the shipping carrier. While we take care to ensure Products are properly packaged for transit, MGM Crafts is not liable for:

◦ Damage occurring during shipping and handling

◦ Delays caused by the shipping carrier

◦ Loss of Packages (Customer should file claims directly with the shipping carrier)

7.4 Transportation Delays: MGM Crafts shall not be liable for any delays, loss, or damage resulting from:

◦ Acts of God, natural disasters, or weather events

◦ Customs delays, inspections, or seizure

◦ Actions or negligence of the shipping carrier

◦ Political unrest, war, terrorism, or civil unrest

◦ Labor disputes or strikes

◦ Any other events beyond our reasonable control

You are encouraged to purchase shipping insurance for valuable orders.

7.5 Tracking: A tracking number will be provided once your order ships. It is your responsibility to monitor shipment status and coordinate with the shipping carrier as needed.

7.6 Undeliverable or Refused Shipments: If a shipment is returned to us due to incorrect address, refusal of delivery, or failure to claim the package:

◦ You may be charged additional shipping fees for reshipment

◦ If you do not respond to attempts to arrange reshipment within 30 days, the Products may be disposed of and no refund will be issued

8. Quality Assurance and Limited Warranty

8.1 Inspection Upon Receipt: Upon receipt of your order, you must inspect the Products immediately (within 3 business days of delivery) for:

◦ Incorrect quantity

◦ Damage incurred during shipping

◦ Manufacturing defects

8.2 Reporting Issues: To request a replacement, repair, or refund, you must:

◦ Notify us in writing (email to info@mgmcrafts.com) within 30 days of the delivery date

◦ Provide photographs and/or video documentation of the issue

◦ Provide your order number and a detailed description of the problem

Failure to report issues within 30 days of delivery constitutes acceptance of the Products in their entirety.

8.3 Manufacturing Defects: For genuine manufacturing defects (defined as errors in materials, craftsmanship, or production that deviate from the approved digital proof), we will, at our sole discretion:

◦ Re-produce the defective Products at no additional cost; OR

◦ Issue a partial or full refund for the defective items

Manufacturing defects do NOT include:

◦ Variations in color, finish, or appearance between Digital Mockups and actual Products (see Section 2)

◦ Damage caused by improper handling, storage, or use

◦ Wear and tear from normal use

◦ Modifications or alterations made by the Customer or third parties

◦ Issues resulting from inaccurate or incomplete information provided by the Customer

8.4 Re-Production Process: If re-production is chosen:

◦ The defective Products may be required to be returned to us (at your expense) before re-production begins

◦ Re-production will follow the same specifications as the original approved digital proof

◦ Re-production timelines apply (see Section 6.2)

8.5 No Additional Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, MGM CRAFTS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

9.1 Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MGM CRAFTS’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR ORDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.

9.2 No Consequential Damages: IN NO EVENT SHALL MGM CRAFTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, OR COST OF REPLACEMENT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Force Majeure: MGM Crafts shall not be liable for any failure or delay in performing our obligations under these Terms of Purchase if such failure or delay results from circumstances beyond our reasonable control.

10. Rush Orders

10.1 Availability: Rush order production may be available for select orders, subject to our production capacity and at our sole discretion.

10.2 Fees: Rush orders are subject to additional fees, typically ranging from 25% to 50% of the total order amount, depending on the required turnaround time and order complexity.

10.3 Terms:

◦ Rush order fees are non-refundable, even if the order is subsequently cancelled.

◦ Rush order timelines are estimates and are not guaranteed.

◦ All other terms and conditions of these Terms of Purchase apply to rush orders.

10.4 Requesting a Rush Order: To inquire about rush order availability and pricing, please contact us at info@mgmcrafts.com before placing your order.

11. Refund Policy

11.1 Custom Products: Due to the custom nature of our Products, all sales are final once production has begun. Custom Products are manufactured specifically for each Customer based on approved designs and cannot be resold or repurposed.

11.2 Cancellation Before Production: Full refunds (less any transaction fees) are available for orders cancelled before production begins, provided written cancellation is received and confirmed before production commences.

11.3 Processing Refunds: Approved refunds will be processed within 3-5 business days. Refunds will be issued to the original payment method.

11.4 Non-Refundable Items: The following are non-refundable:

◦ Rush order fees

◦ Shipping and handling charges

◦ Bank transfer or wire fees

◦ Currency conversion fees

◦ Custom clearance fees (if applicable)

12. Severability

If any provision of these Terms of Purchase is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

13. Entire Agreement

These Terms of Purchase, together with any order confirmation and approved digital proof, constitute the entire agreement between you and MGM Crafts regarding your order and supersede all prior agreements, understandings, and representations.

14. Contact Information

For questions, concerns, or support regarding your order, please contact us:

MGM Crafts

Email: info@mgmcrafts.com

We will respond to inquiries within 1-2 business days.

By placing an order with MGM Crafts, you acknowledge that you have read, understood, and agree to be bound by these Terms of Purchase.

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