Terms and Conditions:

This Contract (the “Contract”) governs all aspects of the relationship between you (the person or entity placing orders through Melted Wall’s Service), whereby you use Melted Wall’s Service to place orders with Melted Walls to buy designs on textiles and other products (“Products” or “blank Products”) at your expense and according to the Fulfillment Information provided by you. In this Contract, this arrangement and all associated websites, plugins, applications, and services for placing such orders as provided by Melted Walls are described collectively as the “Service.”

The use of the Service is limited to persons or entities, including through any other person acting in their name or on their behalf, who use the Service for purposes relating to their trade, business, craft or profession. This Contract is established between you and Melted Walls upon completion of purchase or registration for a user account with Melted Walls. During such purchase or registration, your agreement to the terms of this Contract by your express consent is required. The registration is completed when Melted Walls grants you access to your Account or a purchase is completed.

Melted Walls stores the information and the content you provide in your Account as well as the settings specified by you for the Service and your Account. You can review such information and setings in your Account.

• Placing Orders with Melted Walls

(a) Order

An “Order” consists of your request for Melted Walls to deliver printed Products according to the Fulfillment Information you provide. This Contract governs all orders unless otherwise agreed in writing.

(b) Fulfillment Information

You must provide Melted Walls with all information and data necessary for the production and delivery of orders. Information and data provided by you are hereafter referred to as “Fulfillment Information”. Required fields are indicated in the Service. For example, you must provide a delivery address for the Products, which will usually be your address. 

(c) Submitting and Canceling Orders

When you submit an order to Melted Walls, you are making a binding offer for MElted Walls to fulfill the order according to the Fulfillment Information and the terms of this Contract. You may not cancel an order when you place the order and complete payment.

• The Service

(a) License to the Service

All intellectual property and other rights, title and interest in and to the Service are owned by Melted Walls. Your use of the Service does not grant you any right, title or interest to these properties.

(b) No Ownership

You promise that you will not use Melted Wall’s intellectual property as if it were your own, or in any way which may be confusing, misleading, or deceptive, nor attempt to register such intellectual property in any jurisdiction. You may only use the Service according to Melted Walls’s terms, rules, and guidelines found or referred to in this Contract or agreed between the parties otherwise.

(c) Your Account Information

You must provide current, valid payment information, your full name, phone number and other information Melted Walls may request. Melted Walls also requires a valid email address from you so that we can communicate with you. You are solely liable for the consequences of providing incorrect or out-of-date information. Before you submit the Account registration form, you may check the accuracy of the information you have entered and amend it using the correction tools provided.

(d) Maintenance and Security

You are solely responsible for securing your login credentials against access by third parties, for covering all costs of your software and hardware as needed to use the Service, and for adapting to any later changes to the Service. If you have reason to believe that third parties have accessed your login credentials,please change your password and notify us immediately.

(e) Acceptable Use Rules.

You may not:

(1) interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;

(2) interfere with, or disrupt the access of any user, host or network, including by using a virus; by overloading, flooding, or spamming the Service; or by engaging in any activity that places a disproportionate burden on the Service (including by automated means) compared to ordinary use from a single, ordinary user; or

(3) engage in any activity that interferes with another user’s ability to use or enjoy the Service.

(4) use a robot or other automated means to monitor the activity on or copy information or pages from the Service, except search engines, traffic counters, or similar basic performance monitoring technology;

(5) modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service;

(6) use any meta tags, search terms, keywords, or similar tags that contain Melted Wall’s name or trademarks;

(7) impersonate another person or entity in connection with the Service;

(8) assist or encourage any third party in engaging in any activity prohibited by this Contract; or

(9) use the Service to promote hate speech, obscenity, or any content that Melted Walls in its sole discretion finds objectionable.

• Usage, Warranties, and Rights to Designs & Fulfillment Information and Your Usage of the Service

(a) Usage by Melted Walls

You agree that Melted Walls and its subcontractors may use the Fulfillment Information to reproduce, create derivative works from, distribute, process, translate, adapt, publish, publicly perform, publicly display, and edit designs; to decorate blank Products; and to process or change any data to ensure conformity with Melted Wall’s Service and other requirements during the term of this Contract on an irrevocable, non-transferable, worldwide, fully paid & royalty-free, and non-exclusive basis. This Section 3(a) may not be interpreted to grant MElted Walls any further ownership rights in the Fulfillment Information. Notwithstanding any other provision in this Contract, Melted Walls may at any time refuse to produce your Fulfillment Information or remove the Fulfillment Information from the Service for any or no reason.

(b) Advertising

Melted Walls is also entitled to use your Fulfillment Information and mention you as a reference for promotional purposes in any and all media now existing or later arising. However, Melted Walls is under no obligation to mention you in such promotions.

(c) Third Party Intellectual Property Rights and Applicable Laws

(1) No Violations.

(A) You represent to Melted Walls that you have all rights necessary.

(i) to grant the license above in Section 3(a) (Usage by Melted Walls),and

(ii) to place an order for the production of Products under this Contract,and

(iii) to offer the Products for sale, and

(iv) to display, offer, and sell all content, designs, or other Fulfillment Information relating to the  Products, without infringing the rights of any third parties or any applicable laws. For example, these rights can be in trademark, copyright, patent, publicity, personal privacy, and any other applicable usage rights.

(B) You further represent that Melted Walls’s use of the Fulfillment Information will not violate the rights of any third parties or any applicable laws, including criminal laws, privacy laws, and laws protecting minors. 

(C) You further represent that

(i) the websites, shops and social media on which you display and/or embed the Products or the Service or any part thereof,and

(ii) your advertising activities for the Products and/or the Service as well as

(iii) any other use of the Service by you will not violate the rights of any third parties or any applicable laws.

(2)Due Diligence. You are solely responsible for ensuring the designs and other Fulfillment Information you submit are free from any violations of law and infringements of third-party rights.

(3)Notification. You must promptly notify Melted Walls if you receive any claim that any Fulfillment Information or Products infringe or violate third party rights. Melted Walls may also provide such a third-party claimant with information relating to the origin, production, sales, and distribution of affected orders.

(4)Possible Actions. If Melted Walls believes, in its sole discretion, that you are in breach of any of the foregoing representations in this Section 3(c)(1) to (3), Melted Walls may – in addition to any other rights or claims Melted Walls may have – immediately suspend or terminate the publication of your Fulfillment Information.

• Processing orders

(a) Melted Walls’s Discretion.

Melted Walls may accept or reject orders in its sole discretion. Melted Walls anticipates that it will accept most orders, but you hereby acknowledge that Melted Walls may reject an order for any reason or no reason.

(b)Intellectual Property Violations.

In addition to the general discretion above in Section 4(a) (Melted Walls’s Discretion), Melted Walls may reject, cancel, or suspend an order, or suspend or terminate this Contract immediately without prior notice and without any recourse to you if：

(1)Melted Walls receives any notification that any Fulfillment Information violates any law or infringes upon third-party rights;

(2)Melted Walls believes, in its sole discretion, that the Fulfillment Information violates any law or infringes upon third-party rights, or that you have violated Section 2(e) (Acceptable Use Rules); or

(3)Melted Walls believes, in its sole discretion, that its continued performance under this Contract poses a legal or other risk (including a public relations risk) for Melted Walls.

(c)Product Specifications.

You understand and agree, that descriptions and information provided by Melted Walls in the Service with respect to material, color, weight, measurements, design or other features of the Products only serve as an approximate indication for the Products, that Melted Walls, when processing an order, is entitled to deviate from such descriptions and information as far as this can be considered reasonable for you and that such deviations are not considered a Product defect. Reasonable cause for variations in the Product features may result from fluctuations customary in trade and technical production processes.

(d)Subcontractors.

Melted Walls may subcontract any of its duties in this Contract. For example, Melted Walls may use subcontractors to print the blank Products, and Melted Walls or its subcontractors have full discretion to select various shipping providers for deliveries.

(e)No End Customer Service.

Melted Walls generally have no direct contact with End Customer. Melted Walls will only accept your return or refund request when the products have  quality issues.

• Prices 

(a) Generally

Melted Walls sets and displays prices and shipping costs in the Service. Melted Walls may change prices from time to time in its sole discretion, and such changes will be reflected in the Service.

(b)Taxes.

All prices and costs described in this Contract and the Services are net prices and do not include sales taxes, value-added tax, import value-added tax, or other taxes and duties which you may have to pay in addition.

(c)Invoices.

You agree to electronic invoicing only. Invoices will be made available in a format chosen in the sole discretion of Melted Walls.  

• Shipping and Delivery

(a)Generally.

(1)Melted Walls or its subcontractors will arrange the delivery of orders to the delivery address you specify in the Fulfillment Information. If you do not provide a delivery address with the Fulfillment Information, then Melted Walls may refuse delivery, or deliver the orders to your address on file, in Melted Wall’s sole discretion.

(2)Melted Walls has the sole discretion to restrict the available countries for shipping, the mode of transport, the shipping service provider, and the type of packaging available for orders. You may select only from the shipping options which Melted Walls makes available to you when you place your order.

(3)You consent to partial deliveries.

(4)Melted Walls may state you as the sender of the shipping and your address as the return address if accepted.

(b)Costs.

You may review shipping costs in the Service. Melted Walls may change shipping costs at any time in their sole discretion. 

(c)Risk of Loss and Delay, Insurance.

The risk of order loss, destruction, and delay passes to you when the order is handed over to the shipping service provider, forwarder, carrier, or other person tasked with facilitating shipping. Melted Walls is not obligated to insure orders in transit.

(d)No Warranties Regarding Delivery Timing.

Melted Walls may provide general estimates of delivery times on its website and in the Service. These are estimates only, and Melted Walls expressly disclaims all warranties that it will make orders available to a shipping service provider within any specific time period or that orders will arrive at any given destination on a specific date.

(e)Wrong & Insufficient Address, Unclaimed Shipping.

If a Product is returned by the shipping provider to Melted Walls without Melted Walls’s fault (e.g. because you provided a wrong or insufficient address or the shipping went unclaimed), we will contact you and ask you for an updated address and reship the Product to such a new address. You will be liable for any costs of a possible storage and/or reshipping of the Product (if and as applicable). If a Product is not reshipped within 90 days after return to Melted Walls without Melted Wall’s fault, a reshipping won’t be available anymore and Melted Walls is entitled, without any further liability to you, to donate the Product to charity or dispose the Product of at your costs.

(f)Export, Import.

(1)Forms and Information.

If your order is subject to customs, you will provide Melted Walls any necessary shipping information and Melted Walls will make commercially reasonable efforts to prepare the necessary export documentation when packaging the affected orders. You acknowledge that with respect to any such orders neither Melted Walls, nor its affiliates, nor its subcontractors are deemed to be the importer of any Product.

• Customs Declaration

You understand and accept that customs clearance is not a service provided by Melted Walls. You should ensure that you have all the qualifications required for import and take necessary actions in accordance with customs or carrier instructions to complete the import. If the Product are returned by customs, Melted Walls will contact with you and dispose of the Product according to your instruction. If you do not reply or make a decision within 2 days, Melted Walls has the right to dispose of the Product at its sole discretion. You further agree that all cost, expense,tax and duty arising out of disposing of the Product should be borne by You .

If import duties, (import) VAT, customs clearance costs, or other costs and levies are due or may be incurred in accordance with the statutory provisions in the recipient country of your order, the recipient of the Products must pay these upon receipt. To the extent that Melted Walls incurs costs related to the export to or import in the recipient country  (including duties, charges, taxes (e.g., VAT and sales taxes), or other fees), Melted Walls may charge you for these costs.

• Destinations and Embargoes.

You may review the available delivery destinations in the Service. However, if an order would be delivered to a destination subject to applicable sanctions or an embargo, or to a specifically designated national or blocked person under applicable law, or to any entity, person, or destination that is the subject of a similar restriction, you acknowledge that Melted Walls is authorized to reject or withdraw from that order.

• Payment and Title in Products

(a)Generally.

You agree to pay Melted Walls for the Products, their printing, and delivery of all orders. Payment must be made in the currency (or currencies) selected by Melted Walls.

(b)Payment Methods.

You must provide payment information before Melted Walls starts to produce an order. MElted Walls may make various methods of payment available from time to time (for example, you may provide Melted Walls with your credit card information), and you may review the available methods in the Service. If your chosen payment method results in additional charges to you (for example from your banking institution), these charges are your sole responsibility.

(c)Payment Failure.

If there is a chargeback on your order, or if your payment method fails for any reason,

• Melted Walls is immediately excused from all duties under this Contract and under the orders, without prior notice to you, until you correct the error and process any overdue payment(s); and、(2)you agree to pay any and all associated costs caused by the chargeback or your payment failure, including processing fees, costs of collection, and reasonable attorney’s fees, if applicable.

(d)Retention of Title.

(1)The Products delivered by Melted Walls (“Reserved Products”) remain the property of Printailor until all claims to which Printailor is entitled against you now or in the future have been satisfied, including all balance claims from the current account.

(2)You may NOT use the Reserved Products and resell them in the ordinary course of business and you may not pledge the Reserved Products as collateral or transfer their ownership by way of security.

(3)If you are in breach of contract, and in particular if you are in default of payment, Melted Walls is entitled to demand that you (i) inform Melted Walls about the assigned claims and the respective debtors, (ii) inform the respective debtors of the assignment and (iii) hand over to Melted Walls all documents and provide Melted Walls with all necessary information to enforce the claims.

• Data Protection

(a) CCPA “Service Provider” Clause

To the extent that Melted Walls is subject to the regulations of the California Consumer Privacy Act, this Section 8(a) applies. Melted walls will collect, process, and use End Customers’ personal data only in so far as is necessary to perform its duties under this Contract. Melted Walls may not:

(1)sell personal information;or

(2)retain, use, or disclose personal information for any purpose other than for the specific purpose of performing the services specified in this Contract; or

(3) retain, use, or disclose the personal information outside of the direct business relationship between the parties.

(b)End Customer personal data will be destroyed at your request, as long as Melted Walls is not subject to legal requirements to store the data in question. More information can be found in MElted Walls’s privacy policy which is available on MElted Walls’s website.

(c)You guarantee to Melted Walls that any of your personal data has been collected in accordance with all applicable legal requirements (E.g., the CAN-SPAM Act, COPPA, GDPR, etc.) and you expressly warrant that Melted Walls and its affiliates may use all such information to perform its duties under this Contract without violating any laws.

• Defects

If a Product is defective, Melted Walls, to the extent permitted under applicable law, has the sole discretion to grant you a refund (including the refund method), credit your account, or replace a Printed Product at Melted Walls’s expense. In order to request a refund, credit, or replacement, you must send a photograph and a brief explanation of the problem to Melted Walls within 30 days of delivery at the latest via Email.

(1)A Product is defective in particular, if, upon passing of the risk (see Section 6(c) (Risk of Loss, Delay, Insurance)), (i) the Product has not agreed quality (especially, if the Product does not match with your Fulfillment Information), (ii) to the extent that the quality has not been agreed, the Product is not suitable for the normal use and its quality is usual for products of the same type and which you can expect for such type of products. 

(2) For clarification, Melted Walls will not grant a refund, credit your account, or replace a printed Product solely because (i) Melted Walls deviates from Product descriptions and information in accordance with Section 4(d) (Product Specifications); (ii) The Product was unsatisfactory for any reason despite matching the provided Fulfillment Information; (iii) The shipping provider did not complete delivery or completed delivery late.

In such cases, you must place a new order, or the recipient of the Product must attempt to resolve the delivery dispute with the shipping provider. 

• Indemnification

(a) Generally

You agree to indemnify, defend, release, and hold Melted Walls and its affiliates, employees, officers, agents, and subcontractors harmless, without limitation, from any liabilities and costs (including reasonable attorney’s fees) resulting from any claims that arise out of or relate to

(1) your breach of any term, representation, or warranty of this Contract, including for example Section 2(c) (Your Account Information), Section 2(f) (Acceptable Use Rules), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service) and Section 5(c) (Taxes);

(2) liability for taxes, including sales, use, value-added, import value-added, manufacturing, processing, excise or other similar taxes or (export or import) duties; and

(3) the violation of any law, in so far as such claims relate to your orders, your use of Melted Wall’s Service, or other acts relating to this Contract.

(b) Management of Defense

Melted Walls reserves the right to manage its defense of an indemnified claim in its sole discretion, including the selection of its own counsel. You agree to cooperate fully with Melted Walls in the defense of any claims described in this Section. 

• Disclaimer of Warranties and Limitation of Liability

(a) Disclaimer of Warranties

(1) As-Is. With respect to this Service, Melted Walls hereby disclaims any and all express or implied warranties, including warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this Contract provides otherwise. Melted Walls is also not responsible for express warranties made by the manufacturer(s) of blank Products or other third parties (e.g., in their advertisements). Melted Walls provides the service on an “as-is” and “as available” basis. Melted Walls does not represent or warrant that the Service or its use:

(A)will be uninterrupted, timely, safe, or secure,

(B)will be free of inaccuracies, errors, or vulnerabilities,

(C)will meet your expectations or requirements, or

(D)will operate in the configuration or with the hardware or software you use.

(b)Limitation of Liability

(1)Unlimited Liability

No provision in this Contract shall exclude or limit Melted Wall’s liability (i) in the event of willful misconduct or gross negligence, (ii) in case of an injury to life, body, and health, (iii) within the scope of a guarantee taken over by Melted Walls, (iv) in the event that a defect is maliciously concealed.

• Other Liability

Unless Melted Walls is liable in accordance with the “Unlimited Liability” section above, Melted Wall’s liability

(A)from its violation of an essential contractual obligation (an obligation whose fulfillment is a prerequisite for the proper execution of this Contract and the orders in the first place and whose compliance you regularly trust and may trust) is limited to the compensation of the foreseeable, typically occurring damage to this type of contract, and

(B)shall, in any case, not exceed the total amount of money you have paid for in connection with the Service in the 12 months preceding a claim.

In all other respects, Melted Walls’s liability is excluded, and Melted Walls is especially not liable to you for any lost profits or other consequential, special, indirect, punitive, or incidental damages arising out of or relating to the Service, this Contract, or any other agreement or conduct involving you and Melted Walls, regardless of the cause of action (whether in contract, tort, strict product liability, or otherwise), even if advised of the possibility of such damages.

In the case of claims for your damages against any of Melted Wall’s affiliates, and Melted Wall’s and Melted Wall’s affiliates’ employees, officers, agents, and subcontractors, the limitation of liability in this Contract shall also apply in favor of such persons.

• Term and Termination

(a) Generally

This Contract has an indefinite term. The parties may terminate this Contract for any reason or no reason by providing written notice of termination (including via email), which termination becomes effective immediately upon notification. You may also terminate this Contract effective immediately by permanently ending your use of the Service (e.g., by deleting your Account. Termination of this Contract does not affect orders placed before termination.

(b) Termination For Cause

Melted Walls may terminate this Contract without any prior notice if you violate Section 2(f) (Acceptable Use Rules), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service), if you materially breach any other agreement (or a surviving duty of an expired agreement) to which you and Melted Walls are parties, if you become insolvent or cease to do business in the ordinary course, or if you engage in any illegal, unfair, or deceptive business practices or unethical conduct whatsoever (in Melted Wall’s sole discretion). If Melted Walls terminates this Contract pursuant to this Section 12(b), you waive all rights, including injunctive relief, to contest Melted Wall’s determination that a termination event has occurred.

(c) Survival

Notwithstanding the above, Sections 2(b), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service), Section 5(b) (Taxes), Section 6(c) (Risk of Loss and Delay, Insurance), Section 7 Payment and Title in Products, Section 10 (Indemnification), Section 11 (Disclaimer of Warranties and Limitation of Liability), Section 12(c) (Survival), and Section 13 (Miscellaneous) survive the termination of this Contract.

• Miscellaneous

(a) Entire Agreement

This Contract contains the entire agreement between the parties and replaces all prior oral and written agreements regarding its subject matter. The parties have not relied on any representations or promises relating to the subject matter of this Contract except those contained of this Contract.

(b) Amendment

(1) Any changes to this Contract must be agreed upon in writing.

(2) Changes to this Contract may also be agreed upon as follows:

(A) Provided the change is reasonable for you, Melted Walls is entitled to change the Contract if

(i) the legal, regulatory, economic, or technical conditions on which the Contract is based change, or

(ii) Melted Walls introduces new features to the Service or existing features of the Service are adjusted.

A change is reasonable if it would not significantly disturb the contractual balance between the parties and not result in a significant restriction of the Service.

• If Melted Walls wishes to change the Contract in the cases specified in Section 13(b)(2)(A), Melted Walls will inform you of this and will offer you the new contract terms no later than 15 days prior to the scheduled effective date of the contractual change. If you do not object to the validity of the new contract terms within 15 days upon receipt of Melted Wall’s offer by notifying Melted Walls in text form (including email), then once this deadline passes the changes to the contract shall be deemed accepted by you. Should you object to the validity of the new contract terms in the required manner and on time, the Contract shall continue to be effective unchanged. In such cases, Melted Walls does however reserve the right to terminate the Contract with you in order to ensure the uniform treatment of all merchants. At the beginning of the 15 days objection period, Melted Walls will inform you again of your right of objection, the ways in which you can declare your objection, and the intended significance of your behavior. 

(c) Waiver

Waivers are only effective when in writing. If a party waives enforcement of a breach of any term of this Contract, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this Contract is not a waiver of the act or condition itself.

(d)Choice of Law, Disputes

(1) The formation, construction, and performance of this Contract and all orders must be construed in accordance with the laws of Singapore without regard to its choice of law rules.If any dispute arises between the parties or out of this Contract or any order, you agree to exclusive personal jurisdiction and venue in the Singapore International Arbitration Centre. however, Melted Walls is entitled to submit such a dispute, suit, action or proceeding also to the place of your general jurisdiction and venue. If you file any claims in other venues in contravention of this Section 13(d)(1), or dispute personal jurisdiction in contravention of this Section 13(d)(1), you agree that these filings or arguments must be dismissed immediately and you must reimburse Melted Walls for all of its costs and reasonable attorney’s fees relating to such filing(s) or argument(s).

(e)Notice

To give notice pursuant to this Contract, a party must send written notice to the other Party at the email address provided in the Service. Notices to Melted Walls must be sent by using the contact form provided in the Service. Unless otherwise specified, notice is deemed to be received at the start of the next full business day (meaning 9:00 am to 5:00 pm in the time zone of the recipient) after it is sent by electronic mail.

(f)No Third-Party Beneficiaries

Unless otherwise provided, this Contract does not and is not intended to confer any rights or remedies upon any person other than the parties.

(g)Interpretation Rules

(1)“Or” when used in group phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group.

(2)When “includes” or “including” begins a list of items, the list is not exclusive.

(3)All headings used in this Contract are for convenience only and are not to be taken into account when interpreting the meaning of any term of this Contract.

(4) “the parties” refers to you and Melted Walls jointly.

(h)Independent Contractor Relationship

(1)Melted Walls and You. This Contract does not constitute a joint venture, partnership, agency, employment, or fiduciary relationship between the parties. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of independent contractors.

(2)You and Others. The contractual relationship between you and Melted Walls exists independently of any contractual relationships you may have with others, including Customers. Possible risks arising out of the relationship between you and Melted Walls rest solely with you. For example, you are solely responsible for any VAT and sales taxes, if applicable.

(i)Set-off

Right of Retention. You are only entitled to rights of set-off or retention to the extent that your claim has been legally recognized and finally adjudicated, or is uncontested. In addition, you may only exercise a right of retention if your claim is based on this Contract.

 (j)Succession and Assignment

This Contract inures to the benefit of and binds the successors, assigns, heirs, executors, and administrators of the parties, for example, in connection with a merger, acquisition, consolidation, change of control, or purchase of all or substantially all of your assets or business. However, you may not assign or delegate any right or duty under this Contract without written consent from Melted Walls. Any attempt to do so is null and void.

(k)Severability

If any provision of this Contract or an order is held invalid or unenforceable, the remainder of this Contract or the order will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.