Terms of ServiceEffective: October 14, 2021
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Hasko Trading, Inc., a California corporation dba Awkward Styles (hereinafter “Awkward Styles”) that governs all use by you of the Awkward Styles.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to Awkward Styles and all of its subsidiaries and affiliated companies collectively as "Awkward Styles", "we", "our", "us", etc. Awkward Styles is a print-on-demand company for businesses that want to outsource the printing and delivering component. Awkward Styles white-label prints and dropships products ("Products") directly to you and your customers ("Customers").
If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".
REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE SENT TO MEDIATION AND, IF NOT RESOLVED IN MEDIATION, BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST AWKWARD STYLES IN THE UNITED STATES.
1. Access & Membership
In order to enjoy all of Awkward Styles's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). Awkward Styles may work as a print provider for different distribution companies. Due to contractual agreement with the other companies, we may not accept merchants if the merchant has previously chosen Awkward Styles as a print provider through a different distribution company. You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's Awkward Styles account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Awkward Styles immediately of any breach of security or unauthorized use of your account. Although Awkward Styles will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, but you may be liable for the losses of Awkward Styles and others due to such unauthorized use.
Awkward Styles may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users which Awkward Styles has already confirmed. Awkward Styles may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Awkward Styles that you are at least 18 years of age. However, if you are an individual residing in Japan, you certify to Awkward Styles that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Without affecting orders for European Economic Area Users which Awkward Styles has already confirmed, Awkward Styles reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after Awkward Styles posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after Awkward Styles posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Awkward Styles a written notification, including via email (and your Awkward Styles account will be deleted) to close your account within 30 days of notice.
3. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Awkward Styles. For example, it’s your responsibility to obtain any permits or licenses that your store may require to operate; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Awkward Styles, another Awkward Styles user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer Awkward Styles’ Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Awkward Styles, any other Awkward Styles Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Awkward Styles Parties”: (a) Awkward Styles, (b) Awkward Styles’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Awkward Styles and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Awkward Styles Party or expose any of them to liability. You agree that Awkward Styles reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Awkward Styles.
Follow Brand Guidelines. The name “Awkward Styles”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Awkward Styles in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Awkward Styles does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Awkward Styles that Awkward Styles provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Awkward Styles reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Awkward Styles (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and non-proprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. Awkward Styles will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:Awkward Styles
9830 Bell Ranch Dr. #101 & #102
Santa Fe Springs, CA 90670
Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Awkward Styles. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Awkward Styles’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
4. Content and Services
Items Your Clients Purchase Through Our Sites. You understand that Awkward Styles cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Awkward Styles from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage caused by any of your Products that are warehoused for you by Awkward Styles.
Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. Awkward Styles is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you access through the Services. You release us from all liability relating to that content.
Services. Awkward Styles is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
- the Services will be secure or available at any particular time or location – Awkward Styles shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. Awkward Styles shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at.
- any errors for which Awkward Styles is responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk.
Liability Limits. To the fullest extent permitted by law, neither Awkward Styles nor any other Awkward Styles party shall be liable to you or your customers for any lost profits or revenues, diminution in value, or for any consequential, incidental, indirect, special, exemplary, enhanced, or punitive damages arising out of or relating to the services or this agreement, regardless of (i) whether any of the foregoing damages were foreseeable, (ii) whether or not you were advised of the possibility of incurring any of the foregoing damages, (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based, and (iv) any specific circumstances of you and/or your customer. The liability of the Awkward Styles parties will under no circumstances exceed the actual amount paid by you for the service that you have purchased or used through the site. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or certain other damages, so the above limitations and exclusions may not apply to you.
5. Limited Warranty on Products
Does not apply to Users residing in the European Economic Area.
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
Who May Use This Warranty? Awkward Styles extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Awkward Styles acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by Awkward Styles in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
Limitation of Liability. The remedies described in this section 6 are your sole and exclusive remedies (and our entire liability) for any breach of this limited warranty. Our liability for a defective or damaged product shall under no circumstances exceed the actual amount received by us for the product, nor shall we under any circumstances, to the fullest extent permitted by law, be liable for any lost profits or revenues, diminution in value, or for any consequential, incidental, indirect, special, exemplary, enhanced or punitive damages or losses arising out of our products, regardless of (i) whether any of the foregoing damages were foreseeable, (ii) whether or not you were advised of the possibility of incurring any of the foregoing damages, (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based, and (iv) any specific circumstances of you and/or your customer. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above. Limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction. We limit the duration and remedies of all implied warranties or conditions with respect to our products, including without limitation the warranties or conditions of merchantability and fitness for a particular purpose, to the duration of the warranty period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
6. Your rights in the case of lack of conformity
If you are a User residing in the European Economic Area, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Awkward Styles, as well as any costs related to the delivery to you of the repaired or replaced product.
7. Responsibility of site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Awkward Styles account.
Awkward Styles and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Awkward Styles and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Awkward Styles or submitted to Awkward Styles, including without limitation information in Awkward Styles collaborations, posts and in all other parts of the Awkward Styles Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Awkward Styles with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided Awkward Styles with inaccurate or false information, (a) you shall be liable to Awkward Styles for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Awkward Styles, and (c) Awkward Styles shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
8. Payments and fees
Awkward Styles has two options for plans. You can use Awkward Styles without incurring a charge to use our site, or you can pay for an Awkward Styles Pro plan with more features. For more information on the additional features, click here.
To order samples of your products or to fulfill orders from your customers, you have to pay Awkward Styles in advance of us preparing, packing and shipping your order.
You can pay for your products via your existing Awkward Styles wallet or another form of payment that we accept via your dashboard. You have to have a credit or debit card connected to your Awkward Styles account or connect Awkward Styles to your Paypal Account. We cannot pull your balance from another sales channel.
By default, if you have an existing balance with Awkward Styles, we will use the funds available first, and then we’ll charge your credit card/debit card or Paypal if there is a remaining balance.
We send your orders to production after payment. You can choose to change settings to adjust how often we send orders to production and how we charge you for your orders, for example, an individual order or a batch of orders.
From time to time, we may apply a credit to your account or a coupon. This credit can only be used toward future Orders through Awkward Styles. You cannot withdraw or convert to cash any credits or coupons applied to your account by us. You cannot apply coupons to retroactive orders. You may only use coupons (virtual money) once and for a single order. You cannot combine multiple coupons. Each coupon's value is divided according to the total line items in the order.
We are happy to help you with any order issues. That’s what we’re here for! Please email us if you have an issue with any of your orders before contacting your credit card company. We can review the issue with you. However, if you contact your credit card company first, we cannot do anything further until the dispute is resolved via your credit card company or you voluntarily cancel the credit card dispute.
If you withdraw funds from your Awkward Styles balance via your dashboard, the funds will be sent to the source where it initially came from, for example, your credit card, debit card or Paypal balance. If you made a payment initially via credit card and made a balance withdrawal, it’ll take place in the form of a credit/debit card or partial refund. Again, you cannot withdraw credits, coupons or subscription bonuses.
Awkward Styles does not pay your sales tax or other taxes, such as local tax on your transactions. You are responsible for paying sales tax or other taxes on your transactions. Taxes can differ depending on where you live or are located, where the goods are delivered and the person or company that makes or sells the goods. To determine what tax you owe and for further information, we highly recommend that you consult with a tax accountant or CPA in your local area. Unfortunately, we cannot provide you with tax, accounting, legal or bookkeeping advice.
If you’re in Europe or regularly ship to Europe, you may have heard about European Union regulations. Because of European Union regulations, Awkward Styles has to collect VAT otherwise known as Value Added Tax on every order produced and shipped within the EU. If you have a registered business in the EU you can apply for a VAT exemption. If you have a VAT number, you may qualify for a VAT exemption. Please contact us with your business information and your VAT number and we are happy to help determine if you qualify for a VAT exemption.
Awkward Styles Pro Plan
- Recurring Subscription
- One of the benefits of the Awkward Styles Pro plan offers up to 20% discount on all Awkward Styles products. Subscriptions re-occur on a monthly basis or yearly basis until you decide to cancel or until termination. You must cancel your subscription the day prior to when it renews monthly or annually in order to avoid being billed for the next subscription period.
- You get a bonus subscription credit when you subscribe. This bonus subscription credit is a one-time credit that we apply to your Awkward Styles wallet. You do not get an additional bonus if you change your subscription or subscribe and resubscribe. You can apply this subscription bonus to your next order.
- You can compare plan types prior to subscribing to a Pro Plan. Once you subscribe you will see your plan discount applied only.
- When you begin your subscription and subscribe, you authorize us to charge the entire subscription fee to your provided payment method and you also acknowledge that this amount can vary or change from time to time such as a change in subscription plan or promotional offers. You authorize us to charge your provided payment method for these amounts.
- If we make an important change to pricing for services, we will notify you via email. We reserve the absolute right to change pricing for our services or Awkward Styles website at any time.
- We charge subscription fees via auto-renew. We will charge you a subscription fee every month via auto-renew for your monthly or yearly subscription unless you cancel prior to the day before the beginning of the subscription period. We’ll automatically charge your payment method every month or every year on the calendar day corresponding to when you began your subscription. If your payment method is declined or has been declined, we reserve the right to change the timing of when we charge you.
- If you make a change from a monthly to yearly subscription, your monthly subscription will terminate immediately, and Awkward Styles will begin your yearly subscription on the date you made the switch. If we charged you for unused days, we would deduct the amount proportionately from the subscription fee. However, in the situation where you switch from a monthly cancelled account to a yearly account, your monthly subscription terminates and your yearly subscription is active as of the date you made the switch. Further, you will be charged the full yearly subscription fee.
- Subscription fees are not refundable and there are absolutely no refunds or credits for partially used subscription periods.
- To cancel your subscription, go to the Payment section of Your dashboard. Once you cancel, your subscription will be active until the expiration date of your subscription period.
- You must unsubscribe the calendar day prior to the next billing cycle to avoid charges for the next month or year. Again, we will not refund subscription fees.
- To pay for a subscription fee, you can only use your payment method or payment cards, we cannot use Awkward Styles wallet balances, credits or bonuses.
- Disconnecting your store does not cancel your account, please go to the Payment section of your dashboard to cancel your account and stop subscription charges.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, Awkward Styles may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as a Resale certificate, VAT ID or ABN.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such a case, Awkward Styles will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Awkward Styles’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Awkward Styles' investigation and sole discretion.
11. Description of products
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously, we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. Awkward Styles reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
If a Product the Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at Awkward Styles' own discretion and without any express notification with the most appropriate Product alternative in the order to avoid fulfillment delays, unless we can't find a comparable replacement, in which case the Merchant still needs to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, Awkward Styles will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant’s Customers about the Product being substituted with a Product alternative.
12. Purchase of products
Your order is the purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Awkward Styles will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Awkward Styles.
13. Artist Design Gallery
- An Explanation of the Artist Design Gallery
Awkward Styles has an Artist Design Gallery integration that allows You to create products with free or paid images. There is no upfront fee to you to use the design(s).
Every time you make a sale of a product with the design, the product cost contains a small fee which is paid to the designer of the image.
You can create as many products as you would like and pay for the designs only if a product is sold.
Design fee is from USD 0.49 to 0.99 per image for paid designs. The fee for using the image is applied each time when the product with the image is sold. The fee will be added to the Awkward Styles production cost.
You will be able to view the design fee before you proceed with publishing the product. Your customer will be able to see the design fee when they view and use the design via the mockup generator, and via a design library whereby customers can see all designs on Awkward Styles.
- More information
You can use the image within Awkward Styles, but you cannot use the image outside of Awkward Styles or download the image.
If you use multiple images for one product, the image fee will apply to each image and will result in an increased production cost.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
To the fullest extent permitted by law you release us and all other Awkward Styles Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Awkward Styles Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Awkward Styles (or for which Awkward Styles provides no guarantees) under this Agreement, or (b) for which Awkward Styles is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold Awkward Styles and the other Awkward Styles Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Awkward Styles Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Awkward Styles. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
17. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as a User to rely on any mandatory provisions of the law of the country in which you are resident.
18. ARBITRATION AND JURY TRIAL WAIVER
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims against Awkward Styles. All Disputes shall be first sent to Mediation via JAMS in Los Angeles, CA. If not resolved in mediation, all Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Awkward Styles and you expressly agree in writing otherwise, any arbitration hearings will take place in Los Angeles, California. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties’ consent. You and Awkward Styles acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Awkward Styles agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AWKWARD STYLES KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND AWKWARD STYLES WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND AWKWARD STYLES KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Awkward Styles shall each bear 50% of all fees and expenses of JAMS Mediation, AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
If you are a Merchant and provide us with your customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
Awkward Styles will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Awkward Styles’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Awkward Styles at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then Awkward Styles will ask for your permission beforehand.
If you have questions about this Agreement, please email us at email@example.com.