Terms of Sale — Mascotiq

Scope

These terms apply to orders placed with EnjoyGroup Sp. z o.o. for character design, mascot costumes, custom plush production and branded merchandise. They apply to business customers. Where you are a consumer, statutory consumer rights under Polish and EU law apply in addition and take precedence wherever they conflict with anything here.

How an order is formed

Quotes we send are valid for 30 days and are not binding offers until confirmed. An order exists once you accept a written quote and we confirm it in writing. Everything the order covers — specification, quantity, price, delivery date, delivery terms — is in that written confirmation. Anything not in it is not part of the order.

Specification and approvals

Production follows the specification you approve in writing. There are three approval points: concept, design and 3D, and sample. Each approval is a point of no return for that stage.

Changes requested after an approval are quoted separately and may move the delivery date. We will always tell you the cost and the new date before carrying out a change, never after.

Delivery dates run from written design approval, not from the date of order. Where an approval takes longer than five working days, the delivery date moves by the same amount.

Colour and material tolerances

Fur and fabric are dyed in batches, and dye lots vary slightly. We match to your Pantone reference as closely as the material allows, but an exact match across different materials and different batches is not achievable and is not a defect. Where colour is critical, ask for a material sample before production and approve it — that becomes the reference.

Intellectual property

Where we design a character for you, all rights transfer to you on final payment: commercial use, merchandise, advertising, sub-licensing and the right to modify, worldwide and unlimited in time. Until final payment, the design remains ours.

Where you supply the character, you confirm you hold the rights to have it produced and you indemnify us against third-party claims arising from it.

We retain the right to show completed work in our portfolio and on this website. You can waive this in writing at any time and we will remove it.

Liability

We are liable for defects in what we make, and for damage caused by our negligence, up to the value of the order. We are not liable for indirect or consequential loss — lost revenue from a cancelled event, for example — nor for delays caused by circumstances outside our control, including transport disruption, raw material shortage and customs action.

Nothing here limits liability for death, personal injury or anything else that cannot be limited under Polish law.

Governing law

Polish law applies. Disputes go to the court with jurisdiction over our registered seat, unless you are a consumer, in which case the ordinary rules on consumer jurisdiction apply.

Payment

Payment is staged so that neither side carries the whole risk. Exact amounts are in your written quote.

Currency: EUR or PLN, stated on the quote
Method: Bank transfer. Card and other methods on request.
Late payment: Statutory interest under Polish law

We do not start production before the corresponding stage is paid.

Approval points and their effect

Concept approval: Fixes which direction we develop. Changing direction afterwards is a new concept stage.
Design and 3D approval: Fixes shape, colours, materials and construction. This is the specification production works from.
Sample approval: Fixes the built article. Where there is a run, the run must match the approved sample.
Silence: We do not treat silence as approval. Nothing proceeds without a written yes.

Delivery

Default terms: DAP for EU destinations — we deliver to your address
Alternative terms: FCA or EXW on request, for clients with their own forwarder
Risk passes: On delivery under DAP; on handover to the carrier under FCA and EXW
Inspection: Please check the goods on arrival and note any transport damage on the delivery note
Transport damage: Report within 7 days with photographs. We handle the carrier claim.

Warranty

Seams and structure: 12 months from delivery
Head frame and fastenings: 12 months
Fans and electrics: 12 months
Outer fabric: 6 months against manufacturing defects, not wear
Wear parts: Gloves, feet and liners are consumables and not covered
Excluded: Misuse, modification by third parties, damp storage, damage from commercial cleaning
Remedy: Repair or replacement at our cost, including return shipping
After the warranty: Repairs at cost, two-week turnaround

Returns and cancellation

Everything we make is made to your specification, so it cannot be resold. Bespoke goods are excluded from the statutory right of withdrawal — Art. 38(3) of the Polish Consumer Rights Act, which implements Art. 16(c) of Directive 2011/83/EU.

That does not affect your rights where the goods are defective or do not match the approved specification. In that case we repair, replace or refund.

Cancellation before design starts: Deposit refunded less costs already incurred
Cancellation after design approval: Design stage payable in full; production stage not charged
Cancellation after production starts: Not possible — materials are cut to your specification
Goods not matching the specification: Repair, replacement or refund, your choice
Defective goods: Covered by the warranty above