TERMS / CONDITIONS
Once Goods have been purchased through our website we have entered into contract. The Agreement is between Pancake & Franks/Rosemoon (“Artist”) and the (“Customer”) with respect to sale or supply of goods or work,materials and/or services (hereinafter “the Goods/Work”). This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.Artist and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term isdefined under Copyright Law.
Subject to the terms and conditions of this Agreement, Artist shall provide the Goods/Work to Customer.
All descriptions and illustrations contained in the Company's website, catalogue, price lists, advertisements or social media otherwise communicated to the Customer are intended to present a general description of the Goods/Work and shall not form any part of any Contract for the sale of the Goods.
In exchange for the Goods/Work, Customer shall pay the fee required at the time of purchase. The Fee does not include additional revision charges outside of the 3 allowable revisions. In addition to the Fee, Customer shall be responsible for paying shipping costs, applicable sales tax, any duty or customs incurred on international orders, and any applicable rush fees.
REVISIONS AND MODIFICATIONS TO THE WORK.
Customer shall be entitled to three (3) “revisions” to the initial design for the Goods/Work. Additional revisions thereafter shall incur a fee of $100/hour. “Revisions” include but are not limited to typos, color changes, font changes, photo swaps,misspellings, and extra spaces in the text of the “Goods/Work”). A change in concept or a redesign of the “Goods/Work”)(a “Modification”) shall not constitute a “Revision”and instead shall require an additional fee in an amount to be determined by Artist.
Artist is not responsible for errors in the written and printed content of the Work, including misspellings, grammar and punctuation errors. Additionally, once a proof is approved, Artist will not be responsible for any design errors in the final proof.
Artist reserves the right to cancel the Work at any time if Artist determines that Client has failed to provide information or input in a timely manner, including feed back, comments, payment.
DELIVERY/SHIPPING OF THE GOODS.
All Work will be shipped either Fed Ex Ground or United States Postal Service unless otherwise stated.Expedited shipping is available upon request for an additional fee. Artist will provide a tracking number with insurance and request for signature upon delivery.Artist shall endeavor to deliver the Work in a timely manner, provided that Customer promptly submits to Artist all materials including but not limited to inspiration, payment, necessary logins, passwords, text, ink colors, input and approvals.Standard delivery time from submission of initial design is 6-9 weeks, however, Artist reserves the right for additional time.Rush delivery is available for an additional fee in an amount to be determined by the Artist.Any times or dates for delivery given are estimates only and the time of delivery shall not be of the essence.In no circumstances shall the Company be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Goods supplied by the Company for whatever reason or for any loss consequential or otherwise arising therefrom.All prices quoted for delivery are for delivery from San Francisco. The cost of delivery includes all packaging, insurance and freight charges from the Company’s premises to the Customer’s declared delivery address.
Artist does not offer a return policy since all orders are custom and specifically made for the Customer.
The Company's only obligation shall be its option to make good any shortage or non-delivery and/or to replace or repair any Goods/Work found to be damaged or defective. The Company may require any allegedly defective Goods/Work to be returned to it at its expense before making good or replacing the Goods/Work and the Company's aggregate liability to the Customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods giving rise to such liability as determined by the net price invoiced to the Customer for the Goods/Work. The Customer must carefully inspect the packaging of all deliveries as soon as they are received. In the case of damaged packaging,this must be reported to the Company immediately. The Company will not accept any claim for damage to the Goods/Work if the packaging was received in a damaged condition and this was not noted on the delivery note and reported to the Company immediately. The Customer is responsible for unpacking and inspecting the Goods/Work immediately upon receipt and shall inform the Company of any defects, damage or shortages by written notice of the same within 3 days of the date of delivery.If the Customer fails to give such notice the Customer shall be deemed to have accepted the Goods/Work and theCompany will not accept any subsequent claims for defects, damage or shortages that are made at a later dateIn the case of non-delivery of the Goods/Work supplied, the Customer shall inform the Company in writing within 7 days of estimated delivery time.
SAMPLES; VARIATIONS TO THE WORK.
In order to ensure the colors you are receiving Artist suggests that Client order samples or at least obtain access to a Pantone Matching System swatch book. Client acknowledges that, because of the handmade nature of the work, and because of the delicate processes involved with printing, the color and appearance of the Goods/Work may contains light variations from samples provided. Additionally, Client acknowledges that slight variations in color and appearance may be noticeable between individual prints within the Goods/Work.
RESERVATION OF RIGHT.
All copyrights not expressly granted in this Agreement are retained by Artist. Unless otherwise noted herein, all artwork created pursuant to this Agreement shall remain property of Artist and Client shall have no right to use such Goods/Work for any other personal or commercial purpose without Artist’s written consent.
Designer retains all right and title in and to any original artwork comprising Goods/Work/Final Art, including all rights to display or sell such artwork.
LIQUIDATION FOR UNLICENSED USE.
Client’s use of the Goods/Work shall be limited to the usage rights granted herein for the Project only.Use of the Goods/Work/Final Art, Deliverables or any derivative works thereof by Client at any other time or location, or for another project or outside the scope of the rights granted herein require an additional fee andDesigner shall be entitled to further compensation of the original Goods/Work/Project fee unless otherwise agreed in writing by both parties. In the event of non-payment, Designer shall be entitled to pursue all remedies under law and equity.
LIMITATION OF LIABILITY.
Client hereby agrees to indemnify and hold harmless Artist and its officers, directors, employees, and suppliers, from any claim, demand, action, damage or expenses, including reasonable attorneys' fees, made or incurred by any third party arising out of or related to the Work. The foregoing indemnification shall include but not be limited to any claims arising due to the use of materials in the Work requested by the Client for which no copyright permission or privacy release was requested by Client.
THE GOODS, SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES,THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER,AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORTOR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT,INCIDENTAL, SPECIAL,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.DISCLAIMER OF WARRANTIES.Client expressly understands and agrees that the work is provided on an "as is" and "as available" basis. Artist does not make any representations or warranties of any kind, express or implied, as to the materials or products included in the work. To the fullest extent permissible by law, artist disclaims all warranties with respect to the work, including but not limited to warranties of merchantability and fitness for a particular purpose. Artist will not be liable for any damages of any kind arising from the use of the work, including but not limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
This Agreement shall be binding upon the parties, their heirs, partners, successors, and assigns. This Agreement constitutes the entire understanding of the parties. Its terms can only be modified by an instrument in writing signed by both parties. This Agreement shall be governed by the laws of the State of California, without regard to principles of conflict of laws, and courts of such state shall have exclusive jurisdiction and venue. Any dispute regarding this Agreement shall be arbitrated in San Francisco, California under the rules of the American Arbitration Association and the laws of California.
This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Designer’s invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.