Terms of Service
This website is owned and operated by Brilliant Gifts LLC. This document governs your relationship with Brilliant ("Company") and http://www.brilliantmade.com ("Website"). Access to and use of this Website and the products and services provided by Brilliant (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service" or "Terms"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Data Processing Agreement
Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service and can be found at http://brilliantmade.com/pages/dpa.
Scope of Services
Brilliant offers a variety of services (“Services”), which may include (but are not limited to) the following.
Website. Our website located at http://brilliantmade.com and subdomains thereof.
Custom Merchandise. Brilliant designs, sources and produces custom merchandise such as apparel, pens, notebooks, drinkware, gifts and other merchandise (“Custom Merchandise”). Brilliant will sell Custom Merchandise to you under these Terms, in addition to the terms of each specific order that you will agree to when approving an order on our Website.
Fulfillment Services. Brilliant provides warehousing and fulfillment services upon request at an additional cost. Should you wish to utilize our warehousing and fulfillment services, an addendum may be provided.
Software Services. Brilliant provides software services via the Website, some of which may require an addendum should you wish to utilize them.
You represent and warrant that you are over the age of 18, that all details you provide to us are true and accurate and that you are an authorized signatory for the company you represent.
Terms of Sale
By pressing the “Approve” button on an estimate page of our Website, you agree to purchase the specified goods at the agreed upon price under these Terms and any additional terms and specifications provided in writing when you approve the order.
After approved by you, orders cannot be canceled. Brilliant will source products, and often customize them, for you based on our mutual understanding of your requirements.
Samples. You acknowledge and agree that the only way to assess product color, quality and other physical specifics is to review a physical sample in person. Brilliant encourages you to order samples before approving any orders to confirm the products contained therein will meet your needs. If you choose not to order samples, it is at your own risk.
Product Inspection and Issues. We try to resolve issues and concerns with orders as quickly as possible. Client agrees to inform Brilliant in writing as quickly as possible if there are complaints, concerns or issues with their order upon receipt.
After receiving any items purchased from Brilliant, Client agrees to inspect products immediately and inform Brilliant if there are any concerns, problems or issues. At a minimum, Client agrees to inform Brilliant of any problems within 14 days of shipment receipt. Client agrees to provide photos and return items if requested to assist with understanding and resolving your issue.
Information Discrepancies and Cancellations. While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If your order is canceled and you have already paid for the goods, you will receive a full refund.
Ownership and Risk of Loss Ownership for the items in your order passes to you upon transfer to the shipping carrier by Brilliant or our affiliates or partners. Client may elect to purchase insurance for losses incurred by the shipping carrier, and must inform Brilliant at the time of order approval that they wish to do so.
No Resale. You agree that products purchased from Brilliant are for internal or gift use only, and that you will not resell products to any third party.
Time-sensitive Orders and Delivery Times. Brilliant will make commercially reasonable efforts to ensure that your order is transferred to the shipping carrier by the date and time required so that it can be delivered to your location on time. Both parties agree that Brilliant is not responsible for delivery delays caused by the shipping carrier once your order has been transferred to that carrier, as such delays are completely outside of our control.
Intellectual Property and User Supplied Content
Client grants to Brilliant a royalty-free, worldwide, transferable, nonexclusive, right and license to use any content, logos and design files you provide to us (User Supplied Content), in all media existing now or created in the future, as Brilliant deems reasonably necessary to allow us to satisfy our obligations to you in connection with the Services. Brilliant may sublicense the rights that you grant us in this Section to a third party subcontractor only for purposes of producing Custom Merchandise and providing the Services to you. Client retains any and all rights in and to the User Supplied Content including, but not limited to any copyright or trademark rights.
Client warrants that it owns all intellectual property and other rights, title and interest in and to any User Supplied Content.
In consideration for the performance of Services, Client will remit payment to Brilliant by the payment due date listed on each invoice using one of our acceptable payment methods (check, ACH, wire or credit card). Client will pay Brilliant within 21 days of receipt of invoice. If your company disclaims responsibility for a purchase approved by you as unauthorized, you agree to be personally responsible for all charges and to remit payment by the payment due date.
For all late payments, Client agrees to pay finance charges of 1.5% each month or the maximum amount allowable by law.
Brilliant provides Services and its Website on an “as is” and “as available” basis. We do not represent or warrant that the Website or Services will be free of inaccuracies or errors, will meet your requirements or that access will be completely uninterrupted. We make no warranties other than those expressly made in these Terms, and hereby disclaim any and all other warranties whether express, implied, statutory or otherwise, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
Brilliant will not be liable to Client or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of Services or Website, based on any cause of action, even if advised of the possibility of such damages.
Limitation of Liability. In no event will the liability of Brilliant in connection with these Terms, the Website and the Services exceed the amounts paid by you to Brilliant during the three months immediately preceding the acts giving rise to such liability.
Notice. All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Brilliant, you must use the following e-mail address: [email protected] or mailing address address: Brilliant Gifts LLC, 456 Montgomery, Suite 750, San Francisco, CA 94104. If Brilliant provides notice to you, Brilliant will use the contact information provided by you to Brilliant. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
Dispute Resolution. Any and all disputes arising out of, relating to or connected with these Terms or your use of any part of the Services or the Website will be exclusively resolved in small claims court in San Rafael, California, if the claim meets the requirements for resolution therein, or, if it exceeds the threshold for small claims court, under confidential binding arbitration held in San Francisco, California before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Delaware law (without regard for conflicts of law principles). If the dispute is taken to arbitration, the arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in the City and County of San Francisco, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in the City and County of San Francisco.
These Terms shall be governed by laws of the State of Delaware, without regard to its conflicts of laws principles.
Assignment. These Terms will be binding upon each party hereto and its successors and permitted assigns.
Contractor relationship. Client and Brilliant are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
Waiver. No failure by either party to enforce or require strict performance in any situation under these Terms shall constitute a waiver of the obligations or rights provided in these Terms.
Severability. If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
These Terms constitute the entire agreement of the parties and supersedes any and all preceding and contemporaneous agreements between you and Brilliant. Any waiver of any provision of these Terms will be effective only if in writing.