TERMS AND CONDITIONS OF USE AND SERVICE
These Terms of Service are relevant to NONCOMMERCIAL projects except where otherwise stated only and are subject to revisions, editing, and additions without notice.
This web page represents a legal document that serves as Our Terms and Conditions and it governs the legal terms of Our Website, PrimalRootsCraftsandSuits.com and the services We render.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms and Conditions, along with Our Privacy Policy, and other posted guidelines within Our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Primal Roots, and supersede all other agreements, representations, warranties and understandings with respect to Our Website and the subject matter contained herein. Primal Roots reserves the right to modify any conditions, terms, and notices under the PrimalRootsCraftsandSuits.com Website. You, including but not limited to viewers, Customers and Clients, are responsible for reviewing these terms and conditions regularly. By using, accessing, or browsing through this Website, or by placing a Commission, you indicate that you are agreeing to be bound by these terms. The PrimalRootsCraftsandSuits.com site and its Contents, including photos and goods, are exclusive property to Primal Roots. The latest copies of Our Legal Terms will be posted on Our Website, and you should review all Legal Terms prior to using Our Website. After any revisions to Our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review Our Legal Terms to make sure you still agree to them. We may amend Our Legal Terms at any time without specific notice to you.
By using Our Website, you agree to fully comply with and be bound by Our Legal Terms. Please review them carefully. If you do not accept Our Legal Terms do not send Us payments, or commission us for our goods and services.
Definitions
The terms “Us” or “We” or “Our” or "Primal Roots Crafts and Suits" or "Primal Roots" and our previous branding, “The Fur Collective” refers to Primal Roots, the owner of this Website.
A “Visitor” is someone who merely browses Our Website, who is not a Client.
“You”, “Your”, “Buyer”, “Client”, “Customer” or “Commissioner” refers to an individual that has contacted Us to use Our Service.
Our “Service” represents the collective functionality and features as offered through Our Website, and the exchange of Primal Roots products.
A “User” is a collective identifier that refers to either a Visitor or a Client.
A “Commission” refers to the service or goods purchased by a Client.
A “Wearer” refers to a person who is or will wear a Primal Roots Costume
A “Costume” refers to Pieces, in Part or full, of a product that is produced by Primal Roots
All text, information, graphics, audio, video, and data offered through Our Website are collectively known as Our “Content”.
“Piece” and “Part” are terms used interchangeably for any one single item which was Commissioned. One foot, one tail, one mask, one bodysuit for example.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Our Website. Primal Roots reserves the right to investigate complaints or reported violations of Our Legal Terms and to take any action We deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under Our Privacy Policy.
Intellectual Property and Content
Our Website may contain Our Service marks or trademarks as well as those of Our affiliates or other companies, in the form of words, graphics, and logos. Your use of Our Website does not constitute any right or license for you to use such Service marks/trademarks, without the prior written permission of the corresponding Service mark/trademark owner. The copying, redistribution, use or publication by you of any portion of Our Website is strictly prohibited. Your use of Our Website does not grant you ownership rights of any kind in Our Website. Primal Roots retains intellectual property rights to images and the look of all finalized costumes and retains the right to use images taken of a Primal Roots costume.
Links to Other Websites
Our Website may contain links to third party Websites. These links are provided solely as a convenience to you. By linking to these Websites, we do not create or have an affiliation with, or sponsor such third party Websites. The inclusion of links within Our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Websites. Primal Roots has no control over the legal documents and privacy practices of third party Websites; as such, you access any such third party Websites at your own risk.
All images and Content belong to Primal Roots. Exempting exclusions stated below, the Contents of the PrimalRootsCraftsandSuits.com Website may not be reproduced, copied, distributed, displayed, uploaded, sold, downloaded, posted or spread in any form without prior expressed written permission by Primal Roots. Modification of the Content or use of the Content for any purpose, on any other Website or networked computer environment is prohibited.
Any Content downloaded to a computer, electronic device, or disk, or printed for the sole purpose of private and non-commercial use is permitted.
Exclusion on Primal Roots
Primal Roots makes no warranty that its Website or Content is free from malicious or impairing computer programs or viruses. Under no circumstances will Primal Roots be responsible or liable to you or any other entity for any direct, compensatory, indirect, consequential, or punitive damages that result from or relate to your use of the Website, or reliance on any of the materials or to any errors, inaccuracies, omissions or defects.
Primal Roots reserves the right to post and use photos of any Costume that We have made, including posting photos to this, or any Website, as long as the Costume was made by Us, or any Part of the Costume, have taken the photo, own the photo, or have permission to use the photo.
We do not give out any personal information with exclusions listed in our Privacy Policy.
Products and Costumes, in Part or full, created by Primal Roots, including ‘Fursuits’, are not meant to be used for extended periods of time. Costumes in Part or full are not meant to be used for roughhousing, and Primal Roots is not responsible for any injuries received from the misuse of Primal Roots products.
Terms of Service
Quote Form
The Quote Form is only open for a limited time while Primal Roots is accepting commissions. Estimations or Quotes given while Primal Roots is not open for Commissions are subject to change. Sending in a Quote Form does not guarantee that a Commission will be accepted. A quote given while Primal Roots is open for Commissions is the final quote, unless changes, additions or deductions are agreed upon by both Primal Roots and the Client and the Commission is accepted by Primal Roots. A Client who wishes to Commission Primal Roots and has sent in a Quote Form while Primal Roots is open for Commissions must confirm that they wish to begin their Commission to Primal Roots after a quote is given in order to ensure a place in Primal Roots’ queue. Failure to inform Primal Roots that the Client would like to begin their Commission after a quote is given while Primal Roots is accepting Commissions could result in the Client being removed from the queue. Primal Roots accepts Commissions based on the Client’s ability to follow directions and submit an appropriate Concept or Reference, and the ability of Primal Roots to produce the Costume. We reserve the right to refuse Service to anyone for any reason, specified or unspecified. Revisions to a Costume concept or other changes made by the client may result in an additional fee. An invoice may be sent separately from the original invoice to cover additional fees.
Age
All Clients must be at least 18 years of age before sending any payments, as required by the law of the United States, Arizona. Costume pieces may be purchased on behalf of a minor. We may accept commissions by a parent or legal guardian on behalf of a minor. In this case the client will be the parent or legal guardian on behalf of the minor. Minors may request a quote by filling out a Quote Form, this does not constitute a binding contract and Primal Roots will not accept any form of payment from minors. If a parent or legal guardian wishes to purchase a commission on behalf of a minor, Primal Roots may request a telephone number to confirm that the parent or legal guardian is aware of and accepts the commission.
Service Contract
The Client may be requested to fill out an additional Service Contract before their commission is accepted. This Contract outlines major Terms and Conditions and the responsibilities of the Client and Primal Roots. The Contract does not replace this Terms and Conditions of Service, and the Contract does not exclude the Client from accepting and understanding the full Terms and Conditions of Service.
Photo Identification
Primal Roots may request photo identification through email that includes name and date of birth in order to accept a Commission. This identification will not be shared with anyone, and will be purged from Our records. This is used solely for verifying the Client’s age.
Warranty and Prices
All given price quotes are subject to change if contact is lost between the Client for three (3) consecutive weeks, or the Client makes any changes to their Commission. The number of Commissions offered is limited, and subject to change. Primal Roots reserves the right to deny Service to anyone. All work is guaranteed for 50 days upon the date that the item was received. Any alterations not made by Primal Roots voids the warranty. Warranty covers defects of material and original construction. Regular use or wear and tear of the product is not covered by the warranty. In the event that a Client receives a damaged item and the Client wishes to make use of the item’s warranty, Primal Roots will replace that item with a duplicate, or will fix the item. Items over 200$ in value must be returned to Us for repairs to occur. Return shipping to Primal Roots must be covered by the client. Shipping of repaired items to the Client will be covered by Primal Roots. Items made for replacement Parts cannot have design changes from the original piece without an additional fee.
Commercial Projects
Prices displayed on the ‘Prices’ page of this website refer to projects commissioned by a Client for personal use. For organizations and companies, including school mascots or company mascots, an additional fee will be required. Image and costume ownership rights of a Primal Roots Costume may be negotiated.
Concept Art
Primal Roots requires concept art to be sent to Us along with the Quote Form. If no art is sent with the Quote Form, We will request that you send Us concept art to Our email, or a detailed description of your design. A detailed description will only be accepted if the design is simple. For example, a white wolf with blue eyes and black paws would be an acceptably simple description. Be very specific. You may choose to purchase concept art from Primal Roots before placing a Commission. Concept art may be purchased before a Commission is placed. We will base the look of the costume heavily, or almost exclusively, on the concept art provided. Detail differences will exist, and the size and shape of Our Costumes will often not match the concept art due to the size of the Buyer or the nature of the Costume. Primal Roots is not responsible for including any details or designs that are not explicitly stated in the first email describing their design, or not included in the Concept Art.
A Client may be denied a Commission if the reference given is not appropriate. An inappropriate reference has (but is not limited to) unintelligible markings, the lack of 3 character views (front, back and side), overly complicated markings, lewd imagery, uncovered genitalia, or pornography, depictions of violence or gore, and other hateful imagery including symbolic imagery. An image reference must be given for most Commissions. Only single color, or incredibly simple designs can be explained through text to constitute a visual reference. A Commission may not be accepted if the Costume cannot be created due to a lack of materials available, or a design that cannot translate well from Concept Art to Costume, including color gradients or excessive small details.
Deadlines
Primal Roots does not guarantee any deadlines given by the Client. Primal Roots will make an effort to complete projects before deadlines stated by the Client in the original Quote Form which are 2 full months past the date in which Primal Roots begins a Client’s Commission. Deadlines stated at any point during the construction of the Commission cannot be guaranteed. When a commission is accepted, Primal Roots states a date in which it is estimated a Client’s Costume or Commission will be completed by. Photos will be given to the Client for approval close to, or after the date of completion. Shipping times vary and are not in the control of Primal Roots. To make every effort that a personal deadline is met, the Client is responsible for contacting Primal Roots as early as possible when Commissions are being accepted, and state a preferred deadline within the Quote Form. Clients are more likely to have their suits completed first if they pay in full immediately, contact Primal Roots early, and have an acceptable reference. Clients may be subjected to a rush fee if they would like to have their Commission completed prior to the date of completion estimated by Primal Roots.
Design Alterations
We ask that changes not be made to the Commission design after the quote and completion date have been arranged. Any changes to the Commission design made after the quote and completion date have been arranged may result in a price increase, and/or a later completion date. We will work with you to cover any details before they are finalized. However, please do not hesitate to ask about changes, as some minor changes will not have an effect to the price or completion date. Changes that will have an effect to the price and completion date include, but are not limited to: special requests, added colors, added markings, and requests that require new materials to be ordered.
Sizing
Primal Roots requires that all Customers ordering a Commission that includes a bodysuit and/or legs to complete and send Us a duct tape dummy (DTD). We send a tutorial illustrating exactly how we would like for the client to produce their Duct Tape Dummy when responding to quote inquiries. Failing to follow the directions on the tutorials can result in the Costume not fitting correctly to the intended wearer. Inadequate duct tape dummies may be returned at your expense and you will be asked to remake them. A Duct Tape Dummy that is made adequately will result in better fitting Costumes. Specify any fitting preferences prior to the Costume being made if you have a certain type of fit in mind, ranging from a loose fit, or a tight fit. If there is a strong likelihood of your body size changing, whether due to growing, gaining or losing weight, please wait to create your Duct Tape Dummy and commissioning Primal Roots until after your body is in the range that it will likely be in for a good portion of the Costume’s use. You may order a Costume that fits loosely in order to compensate for some body size variations. Please note that loose fitting Costumes will have more of a range of motion, and tight fitting suits will have less. Primal Roots does not guarantee that a Client’s Duct Tape Dummy will be usable after it has been sent to Us. If the Client wishes, they can inquire about having the Duct Tape Dummy returned with the commission.
Payments
Primal Roots requires a 30% non-refundable down payment of the quoted price to guarantee that the product be completed. Final payments must be received prior to Us sending your completed Costume. Final payments must be made by the Completion date estimated by Primal Roots. Late payment will result in a holding/late fee, later completion date or a cancelled Commission. Primal Roots accepts cash, cashier’s checks, Paypal, and Square. We are not responsible for payments that are lost or late. We reserve the right to refuse certain types of payment, and we do not accept cryptocurrency.
Late Payments
Primal Roots gives an estimated date of completion on all commissions. Primal Roots expects all payments to be made by that completion date. If all payments are not made by that date, including shipping costs if applicable, Primal Roots may charge a 50$ holding fee for each month that the commission is not paid off. If the commission is not paid off within 3 months after the date of completion, including holding fees, Primal Roots may terminate the commission, and reserves the right to alter the Client’s commission for re-sale. A holding fee will not be charged in the event that Primal Roots does not finish a commission by the completion date. In this case, Primal Roots will give a new commission completion date, or discuss with the Client whether or not they wish the terminate the commission for a partial refund. If Primal Roots does not complete a commission within 6 months after the original completion date, the Client may ask to terminate the commission for a full refund including the original 30% down-payment. Fully refunded Costumes will not be sent in part or full to the Client.
Updates and Progress Photos
Progress images and updates will be available on a case-by-case basis. We inform the Buyer of any completed milestones including Our receiving all ordered materials, or work starting on specific Parts of the Costume. Estimated starting construction dates for specific Parts of the Costume are sent to the Buyer to inform them that the design pertaining to that Part of the Costume is from then on unchangeable. Completion photos will be sent at the Buyer’s request. Note that sending progress photos slows down production speed. We do not send pictures of partially completed Parts. We will be happy to cover any details with you beforehand to guarantee that you end up with a Costume that you are entirely satisfied with.
Shipping and Handling
Shipping costs are covered in the continental United States. The Costume will not be shipped until the full payment on the Costume and the shipping payment have been received.
Most packages will be shipped through USPS with expedited shipping. Primal Roots makes a reasonable effort to ship a Client’s costume within the same week that all payments have been completed.
International Clients must pay for shipping. International Clients must be aware of and understand the laws concerning customs fees for their region. Customs fees, import taxes and any other duties must be paid in full by the Client. Primal Roots values packages at the final quoted cost of a full Costume or each of the Pieces sent. Under NO circumstances will Primal Roots declare that a package value is less than the final quote of a Costume or individual Pieces with the intention of avoiding customs fees.
After the package containing one or more Pieces which a Client has paid for has been dropped off for shipping, it is no longer in the care of Primal Roots. We must be notified right away if there is an issue with the package. This includes damage and loss.
International clients' shipments are typically made through Global Express Guaranteed shipping through FedEx or Priority Mail Express international through USPS. International Clients MUST be willing to share their telephone number for the purpose of shipping through Global Express Guaranteed and USPS. The phone number will only be shared with FedEx or USPS on customs forms, and will never be used by Primal Roots for any other purpose. International Clients should always be aware that the cost shipping and customs fees are very expensive, and could match the price of the Commission itself. If Global Express Guaranteed or Priority Mail Express International does not ship to your location, Primal Roots will not take your Commission. Primal Roots will give international Clients an estimated shipping cost included with their quote.
Any delays to shipments are beyond Our control. Primal Roots will not compensate a Client for late deliveries. A Client must inform Us at the start of a Commission of any impending deadlines. These deadlines will not be guaranteed, but may be attempted.
If the Client made payments through Paypal or Square, the shipping address you provide must match the shipping address on file for that account. If it does not, We may ask you to update your account information before we send any invoices.
Loss or Damages
In the event of a lost package, the Client must inform Us immediately in order to recover shipping insurance. The Client does not receive the insurance on the package. Insurance will be used in full to replace anything lost.
If you receive a package that is heavily damaged, DO NOT open the package. First, contact Primal Roots so that We may put together proof of insurance and value. Take a lot of photos of the damaged package, and send them to Our email at PrimalRootsCrafts (at) gmail (dot) com. The Client should open the package only AFTER photos are taken of the damaged package. If any Pieces appear damaged, the Client and Primal Roots will work together to file a claim to collect insurance to replace the damaged Pieces. ONLY the damaged Pieces will be replaced. If the entire contents of the package are damaged, the whole Costume may be replaced. Proof of damage must be presented in the form of photos through email to PrimalRootsCrafts (at) gmail (dot) com in order to begin the process of replacing damaged Pieces.
Pieces and full Costumes are ONLY replaced if insurance is able to be collected. Failure to photograph package damages prior to opening a package may result in the inability to replace damaged Pieces.
Packages that are sent to an address that is not the residence of the Client may not be subject to replacements in the event of loss or damage, including an address that is not listed as the primary address on their Paypal or Square account.
After a shipment has been lost for 50 days from the last automated shipping update, Primal Roots will work with the client to find a mutually agreed upon solution. Solutions will be agreed to on a client by client basis.
Pieces are Damaged or Do Not Fit
If Pieces appear to be damaged through the shipping process, refer to the Shipping section.
Pieces or Parts which are damaged may be replaced within the first 50 days of the package delivery without a labor or materials cost fee. Clients must be sure to look over all Costume Pieces or Parts thoroughly upon arrival to spot damages. Damages which will be replaced without a labor or materials fee are limited to these Costume Pieces: tails, hands, feet. Damages on masks and bodies need to be discussed on an individual basis for repair of the original piece. Most mask and body damages require the mask or body to be returned to Primal Roots. Clients must pay for the shipping to return pieces that need repair to Us. We will pay for the shipping of items returned or replaced to the Client. International Clients must pay for the shipping of replacement Pieces or Parts. Customs fees must always be paid for by the Client. Photo evidence of damage is required for replacements. Replacement pieces will be made as a duplicate to the original Part. Pieces which are damaged due to misuse will not be replaced.
Pieces or Parts that do not fit the Client may be subject to replacement without labor or material cost fees. Masks require a fee to alter, the cost is on a case-by-case basis. Bodysuits are created on the Client’s specific Duct Tape Dummy which should match the measurements of the Client. If a bodysuit does not fit, the problem almost always stems from a faulty Duct Tape Dummy. If significant weight loss or gain of the Client is the cause of a bodysuit not fitting, the body may not be able to be altered without an additional fee up to the cost of a new body. A well-made Duct Tape Dummy is vital to the creation of a bodysuit. If Primal Roots suspects a faulty Duct Tape Dummy, We will first inspect the Client’s Duct Tape Dummy. If the Duct Tape Dummy is faulty (included but not limited to: short arms or short legs, misplaced or mislabeled tail mark, the lack of the Client’s name, uneven seams, the DTD being cut into multiple pieces) the bodysuit may not be replaced. International Clients must pay for the shipping of replacement Pieces or Parts. Customs fees must always be paid for by the Client.
Refunds, Returns and Exchanges
Primal Roots does not give refunds on Costumes that are in the possession of the Client. There are replacement policies in the event of Pieces that do not fit, damage or loss listed in the ‘Pieces are Damaged or Do Not Fit’ section, and the ‘Shipping’ section. A partial refund may be requested if the Costume is still in production. The original 30% down-payment required to begin working on a Commission cannot be refunded if materials have been ordered. If materials have been ordered by Primal Roots, the 30% down-payment will NOT be refunded. If Pieces of a non-standard Commission have been completed and cannot be resold without alteration, there will NOT be a refund given for these Pieces. Such Pieces may still be shipped to the Client if shipping, handling and customs fees are paid for by the Client. Refunds are not given for damaged or lost Pieces. If damages occur to Pieces within the first 50 days of the Client receiving the Costume, they are replaced, or asked to be returned for repair, they are not refunded. The physical appearance of a Costume is not a legitimate reason to request a refund. Refunds are only given to Commissions in-progress, not if the costume or parts are already completed. A full refund will be granted if Primal Roots must back out of your Commission for personal reasons. A full refund will be granted if Primal Roots does not complete a commission within 6 months after the original date of completion. The Client will not receive any pieces or parts in this case. A full refund will not be granted to a Client whose Commission is terminated due to the Client harassing, threatening, or verbally abusing any member of Primal Roots. A Client may be partially refunded if the Commission is terminated due to loss of communication for 3 consecutive weeks and We has reasonably attempted contact.
Personal Use
A Primal Roots Costume is not meant to be a toy or plaything. Our Costumes should never be roughhoused in. Harm or injury could occur to the Wearer or Costume that is not used properly. Primal Roots Costumes have limited vision, as such the Wearer should always be accompanied by a handler (someone who is trusted to help the Wearer navigate their surroundings). The Wearer should not run, jump or exert themselves in a Primal Roots Costume. We are not responsible for injuries acquired by misuse of a Primal Roots Costume. Owners may sell, alter, or otherwise change aspects of a Costume. Alterations to Parts void any replacement policies or warranties which may apply. Images of a Primal Roots costume may be reproduced or re-posted online by the original owner. Images of a Primal Roots costume may not be sold or used for commercial advertising.
Commercial Use
A Primal Roots Costume, in Part or full may not be used commercially or for profit without the express written consent of Primal Roots from the PrimalRootsCrafts (at) gmail (dot) com email. Images of a Primal Roots Costume may not be sold commercially or used for profit. Exceptions include photography booths at conventions, and resale in full or part for personal use.
Commission Termination
A Client’s Commission may be terminated if (but is not limited to) the Client becomes verbally abusive, threatening or harasses any member of Primal Roots including through email, or any social media. A refund will not be given in most cases for this kind of Commission termination. If a Client’s Commission must be terminated by Us due to personal reasons, the Client will receive a full refund, or a partial refund if the Client wishes to have already completed Parts. We reserve the right to terminate a Commission at any time for any reason. If Primal Roots loses communication with a Client for 3 consecutive weeks and We need information to continue working on a Client’s commission, or if We need a payment (Down-Payment, Remainder Payment or Shipping payment) to complete the Commission, the Commission may be terminated after reasonable effort is made to get in contact with the Client. If the Commission is terminated in this way, the client may receive a refund on any payments made after the 30% deposit. The 30% deposit will not be refunded unless zero work has been done on the Client’s commission. The Client may request to terminate a commission at any time. If work has begun on the commission, including materials ordered for the commission, the Client will not be refunded their 30% deposit. If pieces cannot be altered for re-sale due to the Client not wanting the pieces to be altered, or the pieces are too unique to the original Client to be altered, a refund may not be given on the amount that totals the cost to produce the pieces already completed. If Primal Roots does not complete a commission within 6 months after the original estimated completion date, the Client may receive a full refund for a terminated commission.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in Arizona, United States and shall be governed by and construed in accordance with the laws of Arizona, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to Our Website or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of Our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in Our Website conflicts or is inconsistent with Our Legal Terms, Our Legal Terms shall take precedence. Our failure to enforce any provision of Our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Primal Roots under Our Legal Terms shall survive the termination of Our Legal Terms.
Privacy Policy
Primal Roots will not use or distribute any personal information including but not limited to emails, phone numbers, or addresses for any activity besides contacting the Client, and ensuring that a Costume be delivered to the Client’s given location. In the event that legal action must be taken, Primal Roots reserves the right to give personal information including but not limited to email conversations, addresses, and names to the proper authorities. Primal Roots stores e-mail correspondence and may use it for future reference. Photo identification will be purged from our records.
Contract
Any written agreements by Primal Roots and Clients, browsers, or any other kinds of viewers made in writing, including email, is a binding contract. By accepting a Commission, or purchasing items from Primal Roots, you agree upon all Terms and Conditions of Service. We store digital copies of all communication and agreements for Our records to be pulled out for Our convenience or for legal purposes at any time.
The last update to Our Terms and Conditions was posted on 14 December, 2021