Terms of Service
Effective Date: December 2024
1. Agreement to Terms
By using this website or placing an order with Medal Foundry, LLC ("we," "our," or "the Company"), you agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms presented during the checkout or approval process. If you do not agree, you must not use our services.
This agreement is enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and California's Uniform Electronic Transactions Act (UETA).
2. Eligibility
You must be at least 18 years old to access or use our services. If you represent an entity, you affirm you are authorized to bind it to these Terms.
3. Orders, Custom Products & Customer Responsibilities
a. Custom Work Acknowledgment
All items sold by Medal Foundry, LLC are made-to-order and customized per customer approval. Under California Civil Code §1723, these goods are exempt from standard return rights.
b. Proofing & Approval
Customers are responsible for reviewing all design proofs and specifications. Once approval is submitted (via email, form, or written message), the order is final and enters production.
c. Order Modifications
After approval, orders cannot be canceled or changed unless authorized by us in writing. Additional fees may apply.
d. Ownership of Artwork
If you submit artwork, you affirm that you have full rights to reproduce and use it. You grant us a limited, royalty-free license to use your submitted materials for production and marketing unless otherwise requested.
4. Pricing, Payment, and Taxation
a. Currency and Terms
All prices are in U.S. Dollars (USD). Payment is due in full before production unless otherwise agreed in writing.
b. Accepted Payment Methods
We accept Stripe, credit/debit cards, and ACH. You agree to provide valid billing details and authorize us to charge your selected method.
c. Tax Collection
We collect sales tax in accordance with California Revenue and Taxation Code. Customers outside California are responsible for reporting and remitting any use tax due.
d. Delinquency and Collections
Unpaid balances may be sent to collections. You agree to pay any associated legal fees, interest, or recovery costs as permitted by California Civil Code §1717.
5. Shipping, Risk of Loss, and Delays
a. Carrier Liability
Shipping is provided via third-party carriers. Title and risk of loss transfer to you once the package is handed to the carrier, per UCC §2-509.
b. Estimated Timelines
Shipping and production times are estimates only. We are not responsible for delays caused by carriers, weather, customs, supply shortages, or force majeure.
c. Incorrect Shipping Info
You are responsible for providing an accurate shipping address. If a shipment is returned due to incorrect information, you may be responsible for additional shipping fees.
6. Returns, Refunds & Defects
a. Final Sale Policy
Due to the custom nature of our products, all sales are final. Refunds or exchanges are only provided if we determine that an item is defective and reported within 5 business days of delivery.
b. Limited Warranty
We warrant that products will conform to approved specifications and be free from material defects at the time of delivery. Our liability is limited to repair, replacement, or refund—at our sole discretion.
7. Intellectual Property
All content on the site—logos, visuals, text, designs, software—is the intellectual property of Medal Foundry, LLC or our licensors. You may not copy, modify, or distribute this content without written consent.
Unauthorized use of our intellectual property is subject to enforcement under the Lanham Act, U.S. Copyright Law, and California Business & Professions Code §17200 et seq.
8. Limitation of Liability
To the fullest extent permitted by law, Medal Foundry, LLC shall not be liable for indirect, incidental, punitive, or consequential damages—including lost profits, data, or use—arising from your use of our services or products.
In any case, our total liability is limited to the amount you paid for the specific order in dispute.
9. Indemnification
You agree to indemnify and hold harmless Medal Foundry, LLC, its officers, agents, and employees from any losses, damages, liabilities, costs, or claims arising out of your breach of these Terms or misuse of our services.
10. Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.
Any dispute must be resolved in the Superior Court of Santa Barbara County or the U.S. District Court for the Central District of California, unless arbitration is mutually agreed upon.
11. Force Majeure
We are not liable for failure to perform due to events beyond our control, including but not limited to: natural disasters, labor disruptions, internet outages, pandemics, or acts of war.
12. Data Privacy & CCPA Compliance
We comply with the California Consumer Privacy Act (CCPA) and CalOPPA. Your data will be handled in accordance with our Privacy Policy. You may request data access or deletion at any time.
13. Notice for California Users – Civil Code §1789.3
Under California Civil Code Section 1789.3, users of this website who are California residents are entitled to the following consumer rights notice:
Complaints or inquiries may be directed to:
Medal Foundry, LLC
3345 State St., #3312
Santa Barbara, CA 93105
+1 (805) 335-8332
support@themedalfoundry.com
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs can be reached at:
1625 North Market Blvd., Suite N-112, Sacramento, CA 95834
Phone: 1-800-952-5210
14. Amendments
We may revise these Terms at any time. Updated versions will be posted on this page. Your continued use of the site constitutes your acceptance of any modifications.
15. Severability
If any provision of these Terms is found unenforceable, it shall not affect the validity of the remaining provisions, which will remain in full force.
16. Entire Agreement
These Terms, together with any invoice, order confirmation, and our Privacy Policy, represent the full agreement between you and Medal Foundry, LLC regarding your use of the site and our services.
