Legal Terms

Terms of Service

Last Updated: May 2024

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and CudoraToy ("Company", "we", "us", or "our"), concerning your access to and use of our manufacturing services and website.

You agree that by accessing our services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Business Services

CudoraToy provides B2B manufacturing services including but not limited to:

  • Custom plush toy design and development (OEM/ODM)
  • Sample production and approval process
  • Mass production manufacturing
  • Quality control and inspection services
  • Export documentation and logistics support
  • After-sales consultation and support

All services are subject to availability, capacity, and mutual agreement through formal quotation and purchase order processes.

3. Order Process and Payment Terms

3.1 Quotation and Order Confirmation

All orders must be confirmed through a written quotation and purchase order. Quotations are valid for 30 days unless otherwise specified. Orders are not considered confirmed until we issue a written order confirmation.

3.2 Payment Terms

  • Sample orders: 100% payment in advance
  • Mass production: Typically 30% deposit upon order confirmation, 70% balance before shipment
  • Payment terms may vary based on order value and customer relationship
  • Accepted payment methods: Bank transfer (T/T), Letter of Credit (L/C), or other methods as mutually agreed

3.3 Pricing

All prices are quoted in USD unless otherwise specified. Prices are subject to change based on material costs, order quantity, and customization requirements. Final pricing will be confirmed in the written quotation.

4. Production and Delivery

4.1 Lead Time

Production lead times are estimated based on order complexity and current production schedule. Typical timelines:

  • Sample development: 7-15 working days
  • Mass production: 30-45 working days after sample approval and deposit receipt
  • Rush orders may be accommodated subject to additional fees and capacity availability

4.2 Shipping and Delivery

Shipping terms are specified in each order confirmation. Common terms include FOB, CIF, or DDP as agreed. Delivery dates are estimates and may be affected by factors beyond our control including material availability, customs clearance, and carrier performance.

5. Quality Control and Compliance

We implement comprehensive quality control procedures throughout production. Our factory maintains certifications including BSCI and SEDEX audits.

For products requiring compliance testing (EN71, ASTM F963, CPSIA, REACH, KC, etc.), customers must specify requirements during order placement. Testing arrangements and costs will be agreed upon separately. We can provide material specifications and support testing coordination, but final compliance responsibility rests with the customer/importer.

Quality standards and acceptance criteria must be clearly defined and agreed upon before production begins. Final inspection will be conducted according to agreed AQL standards or customer-specific requirements.

6. Intellectual Property Rights

6.1 Customer IP

All designs, logos, trademarks, and intellectual property provided by the customer remain the property of the customer. We will not reproduce or use customer IP for any purpose other than fulfilling the specific order.

6.2 Custom Designs

For custom design services (ODM), intellectual property rights will be specified in the project agreement. Unless otherwise agreed in writing, designs created specifically for a customer project will belong to the customer upon full payment.

6.3 Confidentiality

We maintain strict confidentiality of all customer designs, specifications, and business information. Non-disclosure agreements can be executed upon request.

7. Warranty and Returns

7.1 Quality Warranty

We warrant that products will be manufactured according to approved samples and specifications. Manufacturing defects must be reported within 30 days of receipt with photographic evidence and detailed description.

7.2 Defect Resolution

For verified manufacturing defects, we will work with the customer to determine appropriate resolution, which may include:

  • Replacement of defective units
  • Credit toward future orders
  • Partial refund based on defect severity and quantity

7.3 Limitations

Warranty does not cover damage caused by improper handling, storage, or use after delivery. Normal wear and tear, color variations within industry standards, and minor cosmetic imperfections within agreed AQL levels are not considered defects.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUDORATOY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

Our total liability for any claim arising out of or relating to these terms or our services shall not exceed the total amount paid by the customer for the specific order giving rise to the claim.

9. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, pandemics, material shortages, or utility failures. In such events, delivery dates will be extended for a reasonable period.

10. Cancellation and Modifications

Order cancellations or modifications must be requested in writing. Cancellation fees may apply based on production stage:

  • Before production starts: Deposit may be refundable minus any incurred costs
  • During sample development: Sample costs and development fees are non-refundable
  • After production begins: Full order value may be charged
  • After production completion: No cancellation permitted

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC).

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Updated terms will be posted on our website with a revised "Last Updated" date. Continued use of our services after changes constitutes acceptance of modified terms. For existing orders, the terms in effect at the time of order confirmation will apply.

13. Contact Information

For questions regarding these Terms of Service or any aspect of our services, please contact us:

CudoraToy Manufacturing Co., Ltd.

Email: info@cudoratoy.com
Website: www.cudoratoy.com
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM (GMT+8)

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