Terms of Service

Terms of Service

Last Updated: [Date]

Welcome to Bobble & Clay. These Terms of Service ("Terms") govern your access to and use of the website www.bobbleclay.com (the "Site") and our custom bobblehead creation services. By accessing the Site, placing an order, or submitting any content (like photos), you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

1. Use of Our Site & Services

  • Eligibility: You must be at least 18 years old to place an order. By using our services, you represent that you are of legal age and have the authority to bind yourself to these Terms.

  • Account: You are responsible for maintaining the confidentiality of your account information and for all activities under your account.

  • Prohibited Conduct: You agree not to use the Site for any unlawful purpose or to submit any content that is infringing, abusive, defamatory, obscene, or otherwise objectionable.

2. Custom Orders & the Process

  • Nature of Custom Products: You acknowledge that our products are made-to-order, personalized, and handmade. Each piece is unique and cannot be resold by us.

  • Your Responsibilities (Customer-Provided Content):

    • Accuracy: You are solely responsible for the accuracy of the information, descriptions, and photographs (the "Customer Content") you provide for your custom order.

    • Rights: You represent and warrant that you own or have the necessary rights to use and grant us a license to use the Customer Content solely for the purpose of creating your custom bobblehead.

    • Photo Quality: The final likeness and quality of the product are heavily dependent on the clarity and quality of the photos you submit. We are not liable for dissatisfaction due to poor-quality reference images.

  • Our Process & Your Approval:

    • After you place an order, we will begin the design process based on your instructions.

    • We may provide a design preview for your approval before final production. Your approval of this preview is final and constitutes your agreement that the design meets your specifications. Once approved, no further changes can be made, and the order moves into the irreversible production phase (sculpting, firing, painting).

  • Pricing & Payment: All prices are in USD. We reserve the right to correct any pricing errors. Payment is required in full before production begins.

3. Intellectual Property

  • Our Rights: All content on the Site (logos, text, graphics, our product designs) is our property or licensed to us and is protected by copyright and other laws.

  • License to Your Content: By submitting Customer Content, you grant Bobble & Clay a limited, worldwide, royalty-free license to use, copy, and display that content only to the extent necessary to fulfill your custom order and provide our services.

  • Finished Product: While you own the physical bobblehead you receive, Bobble & Clay retains all intellectual property rights in the underlying sculptural design, artwork, and process.

4. Disclaimers & Limitation of Liability

  • Product "Likeness": While our artists strive for accuracy, handmade products are interpretations. We do not guarantee a photorealistic or exact likeness, as this is influenced by artistic style, materials, and the provided reference.

  • As-Is Basis: The Site and services are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied.

  • Limitation: To the fullest extent permitted by law, Bobble & Clay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, services, or products.

5. Shipping, Delivery & Risk

  • Title and risk of loss for the product pass to you upon our delivery to the carrier. Estimated delivery times are not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other events beyond our control.

  • You are responsible for any import duties, taxes, or customs clearance fees for international orders.

6. Governing Law & Dispute Resolution

  • These Terms shall be governed by the laws of the State of [Your State/Country, e.g., California], without regard to its conflict of law provisions.

  • Any dispute arising from these Terms or your use of our services shall be resolved through final and binding arbitration, rather than in court.

7. General Provisions

  • Returns/Refunds: All custom sales are subject to our separate Return & Refund Policy, which is incorporated into these Terms.

  • Changes: We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to the Site.

  • Severability: If any provision of these Terms is held invalid, the remaining provisions will remain in full force.

Contact Us:
If you have any questions about these Terms of Service, please contact us via our Contact Page.

By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.