PEANUT Terms & Conditions
1. Graphic Design Agreement
(a) In this Agreement, the graphic designer shall be Peanut Designs, and the Client shall be any person, company or entity who enters into a contract with the graphic designer.
(b) By contracting with me to design for you, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by the version of these Terms and Conditions as displayed on http://www.pnutd.co.uk/termsandconditions at the time of contracting.
(c) When you contract with me to design for you, you acknowledge that as the basis for the contract between us, these Terms and Conditions take precedent over any other terms and conditions, express or implied, and regardless of whether it is your general practice to conduct similar engagements under your own Terms and Conditions.
(d) All work is subject to an initial agreement and all clients should have fulfilled the agreement form displayed https://www.pnutd.co.uk/agreement-form/ . No work will commence until the agreement form is submitted and a deposit is received.
2. Creative Brief
(a) If you choose not to provide a written, detailed brief for the work to be undertaken but rely instead on a verbal or vague briefing, you accept that this brief by its very nature may contain ambiguities. As such this may be reflected in the resulting creative work. You accept responsibility for this ambiguity and for any additional costs incurred in re-design any product accordingly. If you change the brief after work has commenced, you will inform me as soon as possible and adjust the budget to reflect the increased time spent on a job.
(b) To save you money it is advised that a detailed brief be provided for ALL work required prior to commencement of ALL projects.
(a) Unless agreed otherwise, the entire copyright of the designs created is retained by the Peanut Designs at all times throughout the world. see:http://www.ipo.gov.uk/types/copy/c-ownership/c-commissioned.htm
(a) On payment by the Client, Peanut Designs grants permission for the use of the designed product, but only in the publications, adverts, websites or other channels for which they are commissioned. Peanut Designs reserves his economic rights and may charge extra if the designs are used in publications, adverts, websites or other channels for which they were not commissioned. (This means that if Peanut Designs produces a brochure, the Client must confirm whether the design will be used in any other channel and, if this is the case, Peanut Designs reserves the right to charge extra.)
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any designs or products be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
5. Services provided
(a) Peanut Designs will provide you with the concepts/designs/products required in a professional manner, by the deadline agreed. All quotations include up to two revisions.
6. Contractural Work
(a) If a contractee does not pay for 3 consecutive months then the contract is null and void and will be cancelled and subject to price changes at the discretion of Peanut Designs.
(b) Contracts are made via verbal agreement, email agreement or contractee filling out the online agreement form. ALL forms of establishing agreement of contractural work are binding and subject to terms and conditions.
(c) Peanut Designs will give a maximum of 30 days notice of cancelation. Client is required to do give 90 days cancelation notice of contract or is to pay in FULL the remaining term of the contract or pay in FULL the 90 day notice period. All design files remain the property of Peanut Designs until the contract ends or the contract is terminated and full and final payment is made. All design files will then be released to the client through the appropriate software.
(d) Fixed Term Contracts – in the event that a contract with a fixed term date expires but the client continues to use the services of Peanut Designs, the terms of the last fixed term contract will still be in place, active and binding and all terms and conditions still apply.
7. Errors and Literals
(a) Peanut Designs make every effort to ensure that product is free of any errors, spelling mistakes and other literals. Early drafts may sometimes contain such errors, and my practice is to ensure that these are removed before a final draft is submitted to you. However, the responsibility for checking for errors, spelling mistakes and literals is yours, and you indemnify me against any costs incurred as a result of the appearance of such errors in the final published form of any collateral in which you use the copy concerned, whether or not these errors appeared in any draft of the design/product supplied by me.
8. Payment Terms
(a) Where the total cost of a project is less than £300, payment will be required before any work is commenced. For projects totalling greater than £300, an invoice will be issued once project is complete. A DEPOSIT is required for ALL work. For contract work, invoices will be sent on the 1st of each month for the following month (example: 1st September invoice covers the month of September and must be paid within 7 working days of the 1st) – late payment charges will be applied if payment is not made and no work will commence until the payment is received.
(b) Payment will occur in one of the following formats:
BACS. Standing Order. Direct Debit.
Any other forms of payment will need to be discussed before work commences.
(c) Peanut Designs understands and may exercise his/her statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, if payment is not made according to agreed credit terms.
(d) If payment is not made in accordance with section 7, Peanut Designs may rescind this Agreement and recover damages, or, at Peanut Design’s option, exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(e) Peanut Designs reserve the right to change their prices. ALL quotes will be charged at the current prices at the time of receiving your quotation request.
(f) A late payment charge of £50 will be issued every 4 weeks from the issue of the first invoice for any payment delayed and court proceedings will begin.
9. Financial Stability
(a) You should only commission work if you know you / your company is financially secure, and not about to enter liquidation or appoint a receiver or administrator.
(a) When you contract with Peanut Designs you acknowledge that Peanut Designs may, from time to time, engage the services of other competent professional designers, copyrighters, content marketers or other professionals to help me deliver all or part of the work which you require. In such a case, Peanut Designs undertake to review and amend the work before it is presented to you, and to ensure that the work is of the quality and professionalism you would expect had Peanut Designs created it in its entirety.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of Peanut Designs style, composition, editing or interpretation of the Client’s needs, amendments or circumstances. The Client commissions Peanut Designs based on the style of previous work examples.
(b) If Peanut Designs is commissioned by the Client to design a first draft and thereafter the Client decides not to continue using Peanut Designs for further draft stages or decides at any stage that they, the Client, will finish the work themselves or use another agency, Peanut Designs reserves the right to charge the Client the full cost (100%) of his estimate and payment terms noted in section 7 will apply.
(a) Peanut Designs will not be liable to you for any loss of profits, consequential, economic, or indirect loss arising in any way in connection with the performance (or non performance) of the obligations related to any commission. In addition, you will indemnify Peanut Designs against any loss incurred as a result of civil claims or proceedings brought against Peanut Designs based upon any advertising and other work prepared for the client and approved by the client before publication.
13. Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
14. Variation and Prices
(a) The Terms and Conditions contained in this Agreement shall not be varied except by mutual consent between Peanut Design and the Client, in writing.
PEANUT MERCH* Terms & Conditions
Q: How do I care for my clothing?
– Wash your clothing inside out at 30 Degrees
– Let it drip dry
– Iron on reverse
– Rock it and take awesome photos (tag @peanut_designs)
Q: When will my order be dispatched?
A: Please allow between 10-15 working days for your item to be dispatched. We use suppliers from Latvia and Spain so don’t be alarmed by these notifications during the delivery period.
Q: Who do you use to make your orders?
A: We use a mothership company who deal with all of our orders. They outsource to Latvia and Spain and all our items can be shipped worldwide. We try to cover all delivery costs within the purchasing process. Please email [email protected] for any issues.
Q. How long will delivery take?
A. Please allow upto 15 working days before contacting us. Our suppliers are located in Latvia & Spain and although they offer a 14 day turn around this is not guaranteed. We aren’t Amazon unfortunately.
Q: Can I cancel my order?
A: We cannot accept cancellations at this time due to the fast processing of orders speed. However any problems email [email protected] and we will be happy to discuss a refund.
Q: Can I return my item?
A. We accept returns or exchanges for up to 14 days after your order has been dispatched. Due to each order being custom made, please consider size, preference and order carefully. Please note we cannot offer free returns.
Q: Where should I return my item?
A: Each package has a delivery return address. On making a purchase you are agreeing to the payment of the return. Peanut Designs will not accept payment for the cost of returning an item.
Q: What should I do if I was sent an incorrect item?
A: Don’t panic! Just get in touch and we’ll get you sorted with the correct Item ASAP!
Q: What if my item is faulty?
A: If you have received a faulty, just get in touch [email protected]
Unclaimed – Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable).
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer’s specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren’t suitable for return due to health protection or hygiene reasons,
therefore Peanut Designs reserves the right to refuse returns at its sole discretion.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.