Terms of service
TERMS OF SERVICE
OVERVIEW Welcome to Fidget Made (the "Site"). The terms "we", "us" and "our" refer to the operators of this platform. We operate this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). This store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. By visiting, interacting with, or purchasing from our Site, you agree to be bound by these Terms of Service. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To complete purchases, you may be asked to provide verified email, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all underlying account activity.
SECTION 2 - ADDITIVE MANUFACTURING STANDARDS
You explicitly acknowledge and agree that our skill trainers and novelty tools are custom manufactured utilizing professional 3D-printing and additive technologies. Visual characteristics inherent to the 3D-printing process—including distinct surface layer lines, minor textures, micro-strands, or visible seam paths—are normal structural characteristics of the fabrication process and do not constitute manufacturing defects or functional failures. We do not warrant that the cosmetic finish or exact color hue of physical items will perfectly match digital screen renderings or software mockups. All product descriptions and availability are subject to change at any time without notice at our sole discretion.
SECTION 3 - INTENDED USE, AGE RESTRICTIONS, AND REGIONAL COMPLIANCE
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Dexterity Novelties Only: All products designated as "Trainers" or "Fidget Tools" are completely blunt, non-edged, unsharpened polymer novelty items designed strictly for kinetic feedback, skill manipulation practice, and stress relief. They do not possess cutting edges, are mechanically incapable of puncture, and are not weapons.
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Age Requirements: By placing an order on the Site, you certify that you are at least 18 years of age or the legal age of majority in your jurisdiction of residence.
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Assumption of Risk: You acknowledge that the rapid rotation or flipping of mechanical dexterity tools carries an inherent risk of minor physical impact or pinching due to user error. You agree that we assume zero liability for any bodily harm, bruising, or property damage caused by the handling, manipulation, or dropping of our polymer items.
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Regional Regulations: It is your sole responsibility to ascertain and obey all applicable local, state, and federal laws regarding the possession or carry of any items purchased from our store. We do not monitor local municipal carry codes for shipping destinations and assume no liability for carrier holds, local confiscations, or infractions resulting from your purchase.
SECTION 4 - EXTRAORDINARY SHIPPING RESTRAINTS
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or municipal jurisdiction. We may exercise this right on a case-by-case basis based on local delivery constraints. We reserve the right to limit the quantities of any products that we offer.
SECTION 5 - MANUFACTURING PIPELINE AND DELIVERY RISK
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On-Demand Production: Many of our specialized colorways are custom manufactured to order. Tracked shipping timelines selected at checkout represent carrier transit times only and do not include internal studio printing, processing, and assembly queues.
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Transfer of Risk: All items are purchased pursuant to a domestic shipment contract. Once physical packages are transferred to the carrier (e.g., USPS), title and risk of loss pass entirely to you. We are not responsible for packages marked as safely "Delivered" by the carrier that are subsequently lost, misplaced, or stolen from the destination address.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand assets, textual content, structural layouts, proprietary 3D file architectures, slicing profile configurations, graphics, and visual media are owned by our studio, its affiliates, or licensors and are protected by U.S. and international copyright, patent, and intellectual property laws. You must not reproduce, distribute, modify, reverse engineer, or create derivative digital meshes of our physical layouts without explicit prior written consent.
SECTION 7 - PROHIBITED USES & AUTOMATED AGENTS
You may access and use the Services for lawful purposes only. No autonomous or semi-autonomous software, scraping tool, or automated service ("Agent") may access or interact with our checkout interface unless it openly identifies itself within all HTTP/HTTPS headers. Agents must not conceal activities, mimic organic human checkout paths to bypass purchase thresholds, circumvent verification puzzles, or manipulate inventory structures.
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, STRUCTURAL DURABILITY UNDER EXTENSIVE DROP WEAR, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL OUR STUDIO, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR MATERIAL SUPPLIERS, NOR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REPLACEMENT COSTS, IMPACT INJURY, OR CLASSIFICATION DISPUTES ARISING FROM YOUR USE OF ANY OF THE PRODUCTS PROCURED USING THE SERVICES.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless our studio, its operators, and Shopify from any losses, liabilities, claims, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of local ordinances, or your subsequent physical modification of products procured through the Site.
SECTION 10 - GOVERNING LAW AND VENUE
These Terms of Service and any separate transactions whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict of law principles. You explicitly consent to exclusive venue and personal jurisdiction in the federal and state courts located in Albuquerque, New Mexico for the resolution of any legal disputes.
SECTION 11 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us here.