Terms and Conditions

1. Overview

These Terms apply to every interaction with our website, every quote we issue, and every order we manufacture. Specific orders are also governed by a Letter of Agreement (LOA) signed at the start of production. Where the LOA conflicts with these general Terms, the LOA controls for that order.

2. Nature of Services

We design and manufacture custom plush toys, wearable mascots, children’s books, PVC figurines, packaging, and related products. We also offer warehousing and fulfillment services.

Every product is made to order based on the specifications you approve. We are not a stock or retail seller — we do not have a price list, and we do not maintain inventory of generic products.

Our minimum order is 300 units per design. Our minimum starting budget is $4,500 USD.

3. Quotes & Pricing

• All pricing is custom and quote-based. There is no published price list.
• Ballpark quotes are estimates. For 90% of clients, the ballpark lands within 0–10% of the final price.
• Final pricing is locked when a Letter of Agreement is signed.
• Final pricing may vary from a ballpark based on design complexity, finished size, materials, order quantity, packaging, safety testing scope, shipping, and applicable tariffs or duties.

4. Deposits, Orders & Production

• A prototype deposit (starting at $500 USD, depending on the package selected) is required before prototype work begins. Prototype deposits are 100% credited toward the final production invoice.
• Full production begins only after the production sample receives your 100% written approval and the production deposit (typically 50% of the order total) is paid.
• Final payment is due upon shipment from our factory.
• Typical production timelines range from 4 to 10 months from concept to delivery, depending on design complexity, revision rounds, safety testing requirements, and shipping. Timelines are estimates and may vary due to manufacturing conditions, shipping delays, customs, weather, and global supply-chain factors. We provide weekly status updates throughout production.
• The industry-standard defect rate is up to 1–3%; this is acknowledged in your Letter of Agreement.

5. Payment Terms

• Payment terms for any specific order are outlined in your quote and Letter of Agreement.
• Prototype deposits are processed by our payment provider (Thrivecart). Production deposits and final invoices may be paid via wire transfer, credit card, or other methods we agree to in writing.
• Failure to make timely payment may delay or cancel your order. We may pause or suspend work pending receipt of payment, and we are not responsible for timeline impacts caused by payment delays.

6. Shipping & Delivery

• Shipping costs are bundled into a single estimated line item in your Letter of Agreement and reconciled when shippers issue formal quotes.
• Bulk orders ship by common carrier and require appropriate receiving infrastructure (loading dock, forklift or pallet jack, or a chosen delivery upgrade). See How Shipping Works for details.
• Shipping timelines are estimates and are not guaranteed. We are not responsible for customs delays; duties, tariffs, or import fees; weather or carrier delays; dock strikes; or other events outside our control.
• You are responsible for inspecting deliveries and noting any major damage on the carrier’s waybill before signing for the shipment.

7. Intellectual Property

• You retain ownership of any designs, artwork, characters, brand assets, or other intellectual property you provide to us.
• You represent and warrant that you have the right to use any designs or content you submit and that they do not infringe third-party rights. We are not responsible for any IP claims arising from materials you submit.
• We retain ownership of our internal tooling, processes, templates, and the systems we use to manufacture custom products.
• Unless otherwise agreed in writing (e.g., under a signed NDA), we may use general, non-confidential photos of finished work in our portfolio, gallery, and marketing materials. We will not name your company or confidential project details without permission.
• If you have signed a Non-Disclosure Agreement with us, the terms of that NDA control over this section for the materials it covers.

8. Cancellations & Refunds

Because every product is made to order:

• Once full production has begun (i.e., after your 100% approval of the production sample), orders may not be canceled.
• Prototype deposits are credited toward production. If you choose not to proceed to production, the prototype deposit is generally non-refundable, as it covers work already completed.
• Production deposits cover materials, labor, and tooling already committed and are generally non-refundable once production has begun.
• Any exceptions to the above are at our sole discretion and must be agreed in writing.

9. Defects & Warranty

• The industry-standard defect rate is up to 1–3%. Most of our orders come in well below 1%.
• If your order has a defect rate above 3%, contact us with photos and quantities and we will work with you to replace, credit, or repair the affected units.
• There is no fixed inspection window; however, prompt notification helps us resolve issues efficiently. Major shipping damage must be noted on the carrier waybill at the time of delivery.
• Our products are designed and tested to meet applicable safety standards (CPSIA in the US, EN-71 in Europe, etc.) for the region(s) declared at the time of order. Selling into additional regions may require additional safety testing.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost business opportunity, even if advised of the possibility of such damages.
• Our total cumulative liability arising out of or relating to any order will not exceed the amount you paid us for that order.
• Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for fraud, willful misconduct, or personal injury caused by negligence).

11. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The parties agree that the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising from these Terms or any order. Before filing suit, the parties agree to first attempt to resolve disputes informally by contacting rob@custom-plushtoys.com.

12. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

13. Changes to These Terms

We may update these Terms occasionally to reflect changes in our practices or legal requirements. The Effective date at the top of this page reflects the most recent change. Continued use of our website or services after a change constitutes acceptance of the updated Terms. For any specific order, the Terms in effect on the date your Letter of Agreement is signed will govern that order.

14. Contact