Terms of service
Terms of Service
Effective Date: 08/18/2026
Welcome to Sixpence Handmade! These Terms of Service ("Terms") govern your access to and use of our website, products, services, custom-order services, and related features (collectively, the "Services").
By accessing or using our Services, submitting an order, or completing a purchase, you acknowledge that you have read and agree to be bound by these Terms and any policies or terms expressly incorporated or referenced herein, including our applicable Return and Refund Policy, Shipping Policy, Privacy Policy, and any terms, disclaimers, specifications, or approvals applicable to your order.
If you do not agree to these Terms, please do not use our Services or complete a purchase.
1. General Conditions
1.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services or place an order. By using our Services or completing a purchase, you represent that you meet these requirements.
1.2. Changes to Terms: We reserve the right to update or modify these Terms from time to time. Any revised Terms will be posted with an updated Effective Date and will apply as permitted by applicable law.
Changes will not retroactively alter the material terms applicable to a completed transaction except where permitted or required by applicable law.
1.3. Right to Refuse Service: To the maximum extent permitted by applicable law, Sixpence Handmade reserves the right to refuse or discontinue service, decline an order, or limit access to our Services when reasonably necessary.
This may include, without limitation, suspected fraudulent or unlawful activity; abusive, threatening, harassing, or deceptive conduct; misuse of our Services; intellectual-property concerns; inability to verify required permissions or authorizations; product or material availability; pricing or listing errors; inability to fulfill a requested order; violation of these Terms or our policies; or other circumstances that reasonably prevent or make it inappropriate for us to provide the requested Services.
1.4. Order Cancellation by Sixpence Handmade: Sixpence Handmade reserves the right to cancel an order when reasonably necessary, including for the reasons described above or as otherwise provided in these Terms or our applicable policies.
If Sixpence Handmade cancels an order after payment has been received, we will refund the amount paid for the canceled order or affected portion of the order, except to the extent a different treatment is permitted or required by applicable law.
1.5. No Waiver of Legal Rights: Nothing in these Terms is intended to exclude, restrict, or waive any right, remedy, obligation, or liability that cannot legally be excluded, restricted, or waived under applicable law.
2. Use of Our Services
2.1. Account Responsibility: If you create or use an account in connection with our Services, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account to the extent permitted by applicable law.
You agree to provide accurate, current, and complete information when creating an account, placing an order, submitting a custom-order request, or otherwise using our Services.
2.2. Prohibited Activities: You agree not to use our Services to:
- Engage in any unlawful, fraudulent, deceptive, abusive, threatening, or harassing activity;
- Violate or attempt to violate any applicable law, regulation, or legal right;
- Infringe or violate the intellectual-property, privacy, publicity, or other rights of Sixpence Handmade or any third party;
- Submit information, documentation, permissions, licenses, authorizations, approvals, or representations that you know to be false, fraudulent, forged, altered, misleading, or unauthorized;
- Misrepresent your identity, authority, affiliation, ownership, permission, or right to submit or authorize the use of any logo, trademark, artwork, design, photograph, image, name, likeness, or other material;
- Attempt to gain unauthorized access to our website, accounts, systems, networks, data, or other Services;
- Introduce viruses, malicious code, or other technology intended to damage, disrupt, interfere with, or improperly access our Services;
- Scrape, harvest, collect, extract, or obtain information or content from our Services through unauthorized automated means;
- Copy, reproduce, distribute, modify, publish, sell, commercially exploit, or otherwise make unauthorized use of Sixpence Handmade's original content, photographs, designs, artwork, product descriptions, branding, or other protected materials;
- Use the Sixpence Handmade name, logo, photographs, branding, content, or other materials in a manner that falsely suggests affiliation, sponsorship, endorsement, authorization, or partnership;
- Impersonate Sixpence Handmade, its owner, representatives, another customer, another person, business, school, team, organization, or rights holder;
- Interfere with, disrupt, damage, or impair the operation or security of our website or Services; or
- Use our Services in any manner that violates these Terms or other applicable Sixpence Handmade policies or order terms.
2.3. Enforcement: Sixpence Handmade reserves the right, to the extent permitted by applicable law, to refuse service, decline or cancel an order, suspend or restrict access to our Services, or take other reasonable action if we believe these Terms have been violated or our Services are being used unlawfully, fraudulently, deceptively, or in a manner that may expose Sixpence Handmade or another person or entity to legal liability.
Nothing in this section requires Sixpence Handmade to independently monitor, investigate, or verify every statement, representation, authorization, or material submitted by a customer.
3. Products and Orders
3.1. Made-to-Order Products: All finished products offered by Sixpence Handmade are made to order. Sixpence Handmade may maintain an inventory of blank products, fabrics, supplies, and other materials; however, finished products are not produced until an order has been placed.
Because products are made to order, order processing, design preparation, digitizing, material preparation, scheduling, purchasing, or production may begin promptly after purchase.
3.2. Product Information: We make reasonable efforts to describe and display our products, options, materials, colors, sizes, designs, and other information accurately. However, actual colors and appearance may vary due to differences in screens, devices, photography, lighting, materials, manufacturer variations, dye lots, and other factors outside our reasonable control.
Measurements and sizing information are provided as a reference and may be subject to reasonable manufacturing or handmade variations.
3.3. Handmade and Production Variations: Because products are individually made, embroidered, printed, sewn, personalized, or otherwise produced, slight variations may occur between products or between a finished product and a photograph, sample, mockup, or previously completed item.
Reasonable variations in embroidery or print placement, stitching, thread, fabric, texture, alignment, color, sizing, or finish that do not materially affect the intended appearance, function, or use of the product are not considered defects.
3.4. Customer Selections and Information: Customers are responsible for providing and reviewing complete and accurate order information, including, as applicable, product, size, color, quantity, personalization, spelling, wording, dates, names, design, placement, artwork, shipping information, and other requested specifications.
Sixpence Handmade is not responsible for errors resulting from information or selections provided or approved by the customer.
3.5. Final Approval and Purchase: Customers are responsible for reviewing all applicable order details, specifications, mockups, proofs, and other approval information before completing the purchase.
Completion of the purchase constitutes the customer's final approval of the order as submitted and approved.
Once an order has been purchased, customer-requested changes or corrections are not accepted, and customer-requested cancellations are not permitted except where otherwise required by applicable law.
3.6. Custom Orders: Custom orders may be subject to additional specifications, approvals, disclaimers, authorization requirements, and other terms provided in the applicable custom listing, order form, specification sheet, proof, mockup, invoice, or other order documentation.
By purchasing a custom order listing, the customer agrees to the applicable custom-order terms and confirms approval of the specifications associated with that order.
If there is a conflict between general product information and the specific written specifications expressly approved for a custom order, the approved custom-order specifications will govern that order to the extent permitted by applicable law.
3.7. Rush Orders: Rush production may be available for certain orders at Sixpence Handmade's discretion. A rush fee purchases accelerated production scheduling and does not constitute expedited shipping unless an expedited USPS shipping service is separately selected and purchased.
Rush orders are final immediately upon purchase and cannot be changed or canceled by the customer, except where otherwise required by applicable law.
The customer is responsible for ensuring that all specifications and approvals are complete and correct before purchasing a rush order.
3.8. Product and Material Availability: Blank products, fabrics, thread colors, materials, supplies, sizes, colors, styles, and other components are subject to availability.
If a required product or material becomes unavailable after an order is placed, Sixpence Handmade may contact the customer regarding an appropriate substitute, modification, revised timeframe, or other available option.
Sixpence Handmade will not substitute a material, product, size, color, design, or other material order specification requiring customer approval without obtaining that approval when the substitution would materially change the customer's order.
If the order cannot reasonably be fulfilled as purchased, Sixpence Handmade may cancel the affected order or portion of the order and issue the applicable refund.
3.9. Right to Limit or Decline Orders: Sixpence Handmade reserves the right, to the extent permitted by applicable law, to limit quantities, decline an order, discontinue a product or option, or refuse a requested customization when reasonably necessary.
This may include circumstances involving product or material availability, production limitations, safety concerns, suspected fraud, intellectual-property concerns, inability to verify required authorization, unlawful or inappropriate requested content, technical limitations, or other circumstances that prevent us from reasonably fulfilling the request.
3.10. Personal Use and Resale: Unless otherwise agreed by Sixpence Handmade, purchasing a finished product does not transfer ownership of or grant a license to Sixpence Handmade's photographs, original artwork, designs, digitized files, vector files, production files, branding, or other intellectual property associated with the product.
Any applicable restrictions concerning Sixpence Handmade's intellectual property, photographs, production files, copying, reproduction, or commercial use are provided elsewhere in these Terms.
4. Custom Orders and Customer Approvals
4.1. Custom Order Design Specifications: Custom orders may be documented using one or more Sixpence Handmade Custom Order Design Specification forms ("Design Specifications"). Each Design Specification may document a particular product, design, or portion of a custom order and may include, as applicable, garment or product information, quantity, colors, production method, placement, customer-provided inspiration or reference material, a Sixpence Handmade mockup, personalization, spelling, customer notes, Sixpence Handmade notes, communication method, and other specifications applicable to the order.
A single custom order may contain multiple Design Specifications. All Design Specifications attached to or otherwise expressly incorporated into the purchased custom listing collectively form part of the customer's approved order specifications.
4.2. Pre-Purchase Revisions: Customers may request revisions during the order-development and approval process before purchase. Sixpence Handmade may document such revisions as change orders ("C/O") or otherwise identify revised Design Specifications.
When a Design Specification has been revised before purchase, the final revised version provided with or incorporated into the custom listing supersedes earlier versions of that Design Specification with respect to the matters changed.
4.3. Customer Review and Approval: Before purchasing a custom listing, the customer is responsible for carefully reviewing each Design Specification and all other applicable order information, including, as applicable:
- Product, garment, brand, model, size, color, and quantity;
- Names, spelling, wording, dates, initials, monograms, and other personalization;
- Design and artwork;
- Fonts, thread colors, print colors, and other color selections;
- Production method;
- Placement, orientation, and approximate sizing;
- Customer notes;
- Mockups and proofs;
- Revisions reflected in any applicable C/O; and
- Any other specifications or information applicable to the order.
4.4. Purchase Constitutes Final Approval: Completion of the purchase constitutes the customer's final approval of all Design Specifications, mockups, notes, selections, and other order information attached to, included with, or expressly incorporated into the purchased custom listing.
By completing the purchase, the customer confirms that they have reviewed the complete order and authorize Sixpence Handmade to proceed with production according to the approved specifications.
Once the custom listing has been purchased, customer-requested changes or corrections are not accepted.
Customers should not complete the purchase until every applicable Design Specification and all other order information are complete, correct, and satisfactory.
4.5. Customer-Approved Information: Sixpence Handmade is not responsible for an error or undesired result that accurately reflects information, selections, specifications, artwork, personalization, spelling, or other details provided or approved by the customer.
If information appears in the final approved Design Specifications, mockups, customer notes, or other applicable order documentation and Sixpence Handmade produces the order according to that information, the resulting product is not considered a Sixpence Handmade error solely because the customer later determines that the approved information was incorrect or was not what they intended.
4.6. Customer Inspiration and Final Mockups: Customer-provided inspiration or reference images may be displayed on a Design Specification for reference and order-development purposes. The final mockup and written specifications document Sixpence Handmade's proposed production of the customer's requested order.
Customer-provided inspiration or reference material does not, by itself, constitute the final production specification where a separate final mockup or written specification has been provided.
Third-party inspiration or reference materials remain subject to the rights of their respective owners. Their inclusion on a Design Specification does not constitute a claim by Sixpence Handmade of ownership, authorship, or creation of the image or third-party work depicted.
Additional terms concerning customer-submitted materials and intellectual-property rights are provided elsewhere in these Terms.
4.7. Mockups, Scale, Placement, and Production: Mockups, proofs, digital renderings, and Design Specifications are intended to communicate and document the general appearance and specifications of the requested customization. Mockups are visual representations only and are not necessarily drawn or displayed to exact scale or proportion.
The apparent size, scale, proportion, placement, spacing, color, texture, stitch appearance, print appearance, or other characteristics shown in a mockup may differ from the finished product. The size of a design as it appears in proportion to a garment or product shown in a digital mockup does not represent or guarantee the exact physical dimensions or proportional size of the design on the finished product unless specific measurements are expressly stated as part of the approved order specifications.
If the physical size, dimensions, or precise placement of a design are important to the customer, the customer must clearly communicate those requirements before approving and purchasing the order. Any such requirement must be included in the final approved Design Specification or other applicable order documentation to be considered part of the approved order.
If no specific design dimensions, size requirements, or precise placement requirements are stated in the final approved order specifications, Sixpence Handmade will determine an appropriate design size and placement using generally accepted industry practices and Sixpence Handmade's professional judgment and discretion. This determination may take into consideration the product type and size, garment or product construction, design proportions and detail, requested general placement, production method, available production area, equipment limitations, and other reasonable production considerations.
Final design dimensions and placement may vary among different product types or sizes when reasonably necessary to achieve an appropriate finished appearance or accommodate production requirements.
Sixpence Handmade may make reasonable production adjustments necessary to properly produce the approved design, provided such adjustments do not materially change the overall approved design or personalization.
4.8. Additional Information, Approval, or Authorization: If Sixpence Handmade determines before production that additional information, clarification, approval, or authorization is reasonably necessary, we may place the order on hold and contact the customer.
If required information or authorization cannot be obtained, or if the order cannot reasonably or lawfully be completed, Sixpence Handmade may decline or cancel the affected order or portion of the order in accordance with these Terms and applicable law.
4.9. Custom Order Disclaimer: Custom orders may include an additional Custom Order Disclaimer within the applicable custom listing. By completing the purchase, the customer acknowledges and agrees to the Custom Order Disclaimer as well as the Design Specifications and other terms applicable to the order.
If a provision of the Custom Order Disclaimer conflicts with these Terms or another applicable Sixpence Handmade policy, the provisions will be interpreted together to the fullest extent reasonably possible. If they cannot reasonably be reconciled, the more specific term applicable to the particular order or issue will control, except where otherwise required by applicable law.
5. Pricing, Payment, and Fees
5.1. Pricing: Prices for products, customization, services, rush production, digitizing, vectorizing, artwork preparation, setup, and other applicable charges will be displayed on the website, applicable product or custom listing, invoice, or other order documentation.
For custom orders, the price stated in the final custom listing presented for purchase will govern the order unless there is an obvious pricing error or otherwise required by applicable law.
5.2. Payment: Payment is due at the time of purchase unless Sixpence Handmade expressly agrees to different payment arrangements in writing.
An order is not considered purchased, approved for production, or placed into the production schedule until required payment has been successfully completed.
5.3. Pricing Errors: Sixpence Handmade makes reasonable efforts to provide accurate pricing but reserves the right to correct typographical, calculation, listing, or other pricing errors.
If a material pricing error is discovered after an order has been placed, Sixpence Handmade may contact the customer regarding the error and available options. We will not charge an additional amount to the customer's payment method without authorization.
If the order cannot be fulfilled at the incorrectly stated price and the customer does not agree to the corrected price, Sixpence Handmade may cancel the affected order and refund the amount paid for that order or affected portion.
5.4. Digitizing, Vectorizing, Artwork Preparation, and Setup Fees: Fees charged for digitizing, vectorizing, artwork preparation, design preparation, setup, conversion, or similar production services compensate Sixpence Handmade for the time, labor, equipment, expertise, and preparation required to prepare an order for production.
Payment of a digitizing, vectorizing, artwork-preparation, setup, conversion, or similar fee is payment for the applicable preparation service for production by Sixpence Handmade and does not constitute the purchase of the resulting embroidery, digitized, vector, print-ready, production, source, working, or other file.
Production and working files are addressed further in the Intellectual Property provisions of these Terms.
5.5. Rush Fees: A rush-production fee is a charge for accelerated production scheduling and does not include expedited USPS shipping unless an expedited shipping service is separately selected and purchased.
Rush fees do not alter the customer's responsibility to review and approve all order specifications before purchase. Rush orders are final upon purchase and cannot be changed or canceled by the customer, except where otherwise required by applicable law.
5.6. Taxes: Applicable sales tax and other legally required charges will be collected as required by law.
5.7. Shipping Charges: Applicable shipping charges are separate from product and production charges unless expressly stated otherwise. Available USPS shipping charges will be displayed or otherwise communicated as applicable to the order.
5.8. Additional Charges: Additional charges may apply when expressly disclosed and applicable to the order, including rush production, special materials, additional customization, digitizing, vectorizing, artwork preparation, setup, shipping upgrades, or other requested services.
Any additional charge requiring customer approval will be communicated before it is added to an order.
5.9. Chargebacks and Payment Disputes: Customers should contact Sixpence Handmade promptly if they believe there is an error involving a charge or transaction so that we have an opportunity to review the matter.
Nothing in these Terms prevents a customer from exercising a lawful right to dispute a charge with their payment provider. However, customers may not knowingly make false, fraudulent, or materially misleading statements in connection with a chargeback, payment dispute, or other payment claim.
Sixpence Handmade reserves the right to provide the payment provider or other appropriate party with relevant transaction records reasonably necessary to respond to a payment dispute, including applicable order information, Design Specifications, customer approvals, communications, shipping or delivery records, and applicable policies, subject to applicable law.
6. Production and Lead Times
6.1. Made-to-Order Production: All finished Sixpence Handmade products are made to order. We may maintain blank products, fabrics, materials, and supplies in inventory, but finished products are not produced until an order has been placed.
Production may include, as applicable, order processing, material preparation, purchasing, artwork or design preparation, digitizing, vectorizing, embroidery, printing, sewing, finishing, quality review, packaging, and other steps necessary to complete the order.
6.2. Standard Lead Time: Sixpence Handmade's current standard production lead time may vary based on current order volume, production capacity, season, and other business considerations. The applicable lead time will be communicated through the shop banner, applicable product or custom-order listing, order documentation, direct customer communication, or another appropriate location at or before the time of purchase.
Unless otherwise expressly stated, lead time refers to business-day production time, Monday through Friday, and does not include Saturdays, Sundays, holidays, or USPS shipping/transit time.
Customers are responsible for reviewing the applicable production lead time before completing their purchase.
6.3. Beginning of Production Time: Production time begins once the order has been successfully purchased and Sixpence Handmade has received all information, specifications, approvals, materials, and authorizations reasonably necessary to proceed with the order.
For custom orders, purchase constitutes final customer approval as provided elsewhere in these Terms.
6.4. Customer or Authorization Delays: If additional information, customer-provided materials, clarification, authorization, or other action is reasonably required before Sixpence Handmade can proceed, the order may be placed on hold.
Time during which production cannot reasonably proceed because required information, materials, authorization, or other customer action has not been received does not count toward the stated production lead time.
The applicable production timeframe will resume when the required information, materials, or authorization has been received and Sixpence Handmade is reasonably able to continue production.
6.5. Rush Production: Rush production may be available on select orders at Sixpence Handmade's discretion. Availability and applicable rush-production timeframes will be stated in the applicable listing, order documentation, or otherwise communicated to the customer.
A rush timeframe applies to production time only unless expressly stated otherwise.
Rush orders are final upon purchase and cannot be changed or canceled by the customer, except where otherwise required by applicable law.
6.6. Expedited Shipping: Purchasing expedited USPS shipping does not shorten production time. Expedited shipping applies only to USPS transit after production has been completed and the package has been accepted by USPS.
A customer who requires both accelerated production and expedited shipping must purchase the applicable rush-production option and applicable expedited USPS shipping service, when available.
6.7. Estimated Completion, Shipping, and Delivery Dates: Unless Sixpence Handmade expressly guarantees a particular date in writing, completion, shipping, transit, and delivery dates or timeframes are estimates and may be affected by circumstances outside our reasonable control.
USPS transit and delivery time are separate from Sixpence Handmade's production lead time and are subject to USPS operations and policies.
6.8. Production Delays: While Sixpence Handmade makes reasonable efforts to meet the production timeframe applicable to an order, unexpected circumstances may occasionally affect production. These may include, without limitation, equipment failure, power or technology interruptions, illness or emergency, material or supplier delays, severe weather, natural disasters, or other circumstances outside our reasonable control.
If a delay affects an order, Sixpence Handmade will communicate with the customer as reasonably appropriate and will handle the order in accordance with applicable law and any customer rights that cannot legally be waived or limited.
6.9. Inability to Meet an Applicable Shipping Timeframe: If Sixpence Handmade is unable to ship an order within a timeframe promised to the customer or otherwise required under applicable law, we will provide any notice, revised shipment information, opportunity to consent to a delay, cancellation option, or refund required by applicable law.
The customer's general agreement that orders cannot be canceled does not waive a cancellation or refund right that applicable law requires Sixpence Handmade to provide because of a delayed shipment.
6.10. Production Schedule and Order Sequence: Orders are scheduled and produced according to Sixpence Handmade's production workflow, capacity, applicable lead times, production requirements, and rush commitments.
Sixpence Handmade may determine the order and manner in which work is scheduled and produced and is not required to complete orders strictly according to the chronological order in which purchases were received, provided applicable production commitments are met.
7. Customer-Submitted Materials, Logos, Designs, and Intellectual Property
7.1. Customer-Submitted Materials: Customers may provide Sixpence Handmade with photographs, screenshots, artwork, logos, trademarks, service marks, trade names, business or organization logos, school or team logos, sports-related marks, characters, graphics, designs, names, likenesses, text, inspiration or reference images, or other materials ("Customer-Submitted Materials") in connection with an inquiry or order.
7.2. Customer Representation and Warranty: By submitting Customer-Submitted Materials and requesting that Sixpence Handmade reproduce, modify, digitize, vectorize, embroider, print, incorporate, or otherwise use them, the customer represents and warrants that they own the applicable rights or have obtained all licenses, permissions, consents, and authorizations necessary to authorize Sixpence Handmade to use the materials for the requested purpose.
The customer is responsible for determining and obtaining any permission, license, or authorization required for the requested use.
7.3. Third-Party Logos, Trademarks, and Protected Materials: The requirements of this section apply to all Customer-Submitted Materials, including materials associated with businesses, employers, schools, colleges, universities, athletic teams, leagues, clubs, organizations, brands, events, characters, artists, photographers, designers, and other third parties.
The fact that a logo, design, image, character, mark, or other material is publicly available, appears online, has previously been reproduced by another person or business, or was provided to the customer by another person does not establish that the customer has authority to authorize Sixpence Handmade to reproduce or use it.
7.4. Written Authorization: If a customer does not personally own or otherwise have authority to authorize the requested use of Customer-Submitted Materials, Sixpence Handmade may require written authorization from the applicable rights holder before accepting, finalizing, or producing the order.
The authorization may be required to:
- Identify the applicable logo, design, artwork, mark, image, or other material;
- Identify the person or organization granting authorization;
- Specifically authorize Sixpence Handmade to reproduce or otherwise use the material for the requested purpose;
- Describe any applicable limitations on the authorized use;
- Include the name and title or position of the person granting authorization;
- Include appropriate telephone, email, or other contact information through which the authorization can be independently verified; and
- Include any other information Sixpence Handmade reasonably requests to evaluate the authorization.
7.5. Verification of Authorization: Sixpence Handmade reserves the right to independently contact the purported rights holder, business, school, organization, team, institution, or other authorizing party to verify documentation or authorization provided by a customer.
Sixpence Handmade's decision to review or attempt to verify an authorization does not constitute a legal determination, representation, warranty, or guarantee that the authorization is authentic, legally sufficient, or granted by a person possessing all necessary rights or authority.
The customer remains responsible for the accuracy, authenticity, and legal sufficiency of information and authorization they provide.
7.6. False or Unauthorized Documentation: Customers may not submit forged, altered, fraudulent, misleading, expired, revoked, or unauthorized licenses, permissions, approvals, or other documentation.
To the fullest extent permitted by applicable law, the customer is responsible for claims, losses, liabilities, damages, costs, or expenses arising from materially false or unauthorized representations or documentation supplied by the customer, subject to the indemnification provisions of these Terms.
7.7. Right to Decline, Hold, Discontinue, or Cancel: Sixpence Handmade may decline a request, place an order on hold, discontinue production, or cancel an affected order or portion of an order if:
- Required authorization is not provided;
- Authorization cannot reasonably be verified to our satisfaction;
- We question the authenticity or sufficiency of an authorization;
- A rights holder or purported rights holder objects to the requested use;
- We receive a complaint, demand, takedown request, cease-and-desist communication, or other notice concerning the material;
- We reasonably believe the requested use may infringe or violate intellectual-property, privacy, publicity, contractual, or other rights; or
- We otherwise reasonably determine that proceeding may violate applicable law or expose Sixpence Handmade or another party to legal risk.
Submission of Customer-Submitted Materials or authorization documentation does not obligate Sixpence Handmade to accept or complete an order.
7.8. Permission to Fulfill the Order: To the extent the customer possesses the legal authority to do so, the customer grants Sixpence Handmade a limited permission to use, reproduce, modify, resize, digitize, vectorize, convert, display internally, and otherwise process Customer-Submitted Materials as reasonably necessary to evaluate, document, prepare, produce, fulfill, and maintain appropriate records concerning the requested order.
This permission does not transfer ownership of the customer's or a third party's underlying intellectual property to Sixpence Handmade.
7.9. Inspiration and Reference Materials: Customer-provided inspiration photographs, screenshots, designs, links, or other reference materials may be used to communicate the customer's requested style, concept, colors, placement, or other preferences and may appear on Design Specifications or other internal order documentation.
The inclusion or possession of third-party inspiration or reference material does not mean that Sixpence Handmade created, owns, endorses, or claims authorship of the material or of third-party work depicted in it.
Sixpence Handmade's receipt of an inspiration or reference image also does not constitute a representation that every element depicted in that material can or will be lawfully or exactly reproduced.
7.10. Third-Party Ownership and No Affiliation: All trademarks, logos, artwork, photographs, characters, designs, names, and other intellectual property belonging to customers or third parties remain subject to the rights of their respective owners.
Unless expressly stated otherwise, Sixpence Handmade's fulfillment of a customer-requested order involving third-party material does not imply that Sixpence Handmade is affiliated with, sponsored by, endorsed by, licensed by, or otherwise officially associated with the applicable rights holder.
7.11. Customer Responsibility for Third-Party Claims: If a third party claims that Customer-Submitted Materials or the customer's requested use infringes or violates that party's intellectual-property, privacy, publicity, contractual, or other rights, Sixpence Handmade may provide relevant information, documentation, or records as reasonably necessary or legally required to address the matter.
The customer's responsibilities regarding third-party claims, including applicable defense and indemnification obligations, are addressed in the Indemnification section of these Terms.
7.12. No Duty to Independently Investigate Every Submission: Sixpence Handmade may request or verify authorization when we consider it appropriate, but we are not undertaking a general obligation to independently investigate the ownership, licensing status, authenticity, legality, or chain of title of every Customer-Submitted Material or representation provided by a customer.
Nothing in this section permits Sixpence Handmade or a customer to use intellectual property in a manner prohibited by applicable law.
8. Sixpence Handmade Intellectual Property, Photographs, Designs, and Production Files
8.1. Sixpence Handmade Intellectual Property: Except for customer-submitted or third-party materials and except where otherwise stated, content and original materials created by or for Sixpence Handmade and owned or lawfully controlled by Sixpence Handmade may include photographs, original artwork, graphics, designs, illustrations, mockups, product images, website content, written content, branding, logos, layouts, templates, and other creative materials ("Sixpence Handmade Materials").
Sixpence Handmade Materials are protected to the extent provided by applicable intellectual-property law.
8.2. No Transfer Through Purchase: Purchasing a product or service from Sixpence Handmade does not transfer ownership of, assign, or grant the customer any intellectual-property rights in Sixpence Handmade Materials associated with the product or service, except for any limited rights that necessarily accompany the customer's lawful ownership and personal use of the finished physical product.
8.3. Photographs and Product Images: Photographs and product images owned by Sixpence Handmade may not be copied, reproduced, downloaded, screenshot, distributed, published, transmitted, altered, commercially exploited, or otherwise used without prior written permission from Sixpence Handmade, except as otherwise permitted by applicable law.
Sixpence Handmade does not authorize its photographs or product images to be submitted, sent, forwarded, shown, or otherwise provided to another decorator, embroiderer, printer, designer, manufacturer, seller, or other business for the purpose of reproducing, imitating, recreating, or commercially producing the product, design, arrangement, or other original work depicted in the photograph.
Nothing in this section restricts a use that Sixpence Handmade cannot lawfully prohibit, including applicable rights provided by copyright or other law.
8.4. Original Designs and Creative Work: Original artwork, graphics, designs, arrangements, layouts, illustrations, and other copyrightable creative work owned by Sixpence Handmade may not be copied, reproduced, distributed, sold, licensed, commercially exploited, or used to create unauthorized derivative works except with Sixpence Handmade's prior written permission or as otherwise permitted by applicable law.
Sixpence Handmade does not claim ownership of an idea, concept, technique, style, commonly used element, public-domain material, customer-owned material, licensed material, or third-party intellectual property merely because it appears in a Sixpence Handmade product or design.
Where a Sixpence Handmade design incorporates both Sixpence Handmade original work and customer or third-party material, this section applies only to the rights Sixpence Handmade actually owns or lawfully controls.
8.5. Digitizing, Vectorizing, and File Preparation: Sixpence Handmade may create or prepare embroidery files, digitized files, vector files, print-ready files, cut files, production files, working files, source files, templates, or other production materials in connection with an order.
Fees charged for digitizing, vectorizing, artwork preparation, setup, conversion, or similar services compensate Sixpence Handmade for the time, labor, equipment, expertise, and production preparation required to perform the applicable service.
Payment of such a fee is payment for the preparation service for production by Sixpence Handmade and does not constitute the purchase, assignment, transfer, or release of the resulting production or working file.
8.6. Production Files Are Not Released: Unless Sixpence Handmade expressly agrees otherwise in a separate written agreement, production and working files created or prepared by Sixpence Handmade for use in its production process are retained by Sixpence Handmade and are not sold, transferred, released, emailed, downloaded, copied, or otherwise provided to customers, other decorators, or third parties.
Payment for an order, digitizing fee, vectorizing fee, artwork-preparation fee, setup fee, or other service does not entitle the customer to receive the production or working file.
This policy applies even when the underlying artwork, logo, design, or other intellectual property belongs to the customer or a third party. Retention of the production file by Sixpence Handmade does not give Sixpence Handmade ownership of the underlying customer or third-party intellectual property.
8.7. Customer-Owned and Third-Party Intellectual Property: Nothing in these Terms transfers ownership of a customer's or third party's underlying intellectual property to Sixpence Handmade.
For example, if Sixpence Handmade digitizes or vectorizes a customer's business logo or an authorized third-party logo, the applicable rights holder retains whatever rights it possesses in the underlying logo. Sixpence Handmade's retention of its production or working file does not constitute a claim of ownership of the underlying logo or mark.
Likewise, a customer's ownership of the underlying artwork or logo does not, by itself, require Sixpence Handmade to provide its internal production or working files to the customer.
8.8. Mockups, Design Specifications, and Order Documentation: Sixpence Handmade's templates, formatting, layouts, original graphic elements, and other original content contained within Design Specifications, mockups, proofs, or order documentation remain subject to Sixpence Handmade's applicable rights.
Customer and third-party materials appearing within those documents remain subject to the rights of their respective owners.
Customers may retain copies of their order documentation for their personal records, but doing so does not grant permission to extract or commercially reuse Sixpence Handmade Materials contained within those documents.
8.9. No Implied Permission or License: Permission to use Sixpence Handmade Materials will not be inferred merely because material is publicly displayed on our website, social media, a product listing, a Design Specification, a mockup, or another location.
Except where otherwise permitted by applicable law, any permission to reproduce or commercially use Sixpence Handmade Materials must be expressly granted by Sixpence Handmade.
8.10. Reporting Unauthorized Use: If Sixpence Handmade becomes aware of suspected unauthorized copying, reproduction, distribution, commercial use, or other infringement of intellectual property owned or controlled by Sixpence Handmade, we reserve the right to take any action or pursue any remedy available under applicable law.
9. Customer-Provided Items
9.1. Customer-Provided Items: Sixpence Handmade may, at its discretion, accept garments, textiles, accessories, or other items supplied by a customer for embroidery, printing, sewing, pressing, or other customization ("Customer-Provided Items").
Acceptance of a Customer-Provided Item does not constitute a representation or guarantee that the item is suitable for the requested customization.
9.2. Assumption of Risk: By providing an item for customization, the customer acknowledges that customization may require the item to be hooped, clamped, framed, pressed, heated, stitched, punctured, marked, stabilized, treated, handled, or otherwise processed using equipment, materials, and techniques reasonably necessary to perform the requested work.
Customer-Provided Items are submitted for customization at the customer's risk.
9.3. Existing Condition and Material Characteristics: Sixpence Handmade is not responsible, to the fullest extent permitted by applicable law, for damage or an undesirable result caused or contributed to by the item's existing condition, age, wear, construction, fabric, fibers, coatings, dyes, adhesives, finishes, embellishments, seams, hidden defects, previous alterations, prior treatment, manufacturer defect, or other characteristic of the Customer-Provided Item.
This may include, without limitation, discoloration, dye migration, scorching, melting, shrinking, stretching, distortion, cracking, peeling, tearing, holes, marks, seam failure, adhesive failure, or other changes resulting from the item's materials or construction reacting to the customization process.
9.4. Reasonable Care: Sixpence Handmade will use reasonable care when handling and customizing Customer-Provided Items. However, because Sixpence Handmade did not manufacture, supply, select, or control the construction or condition of a Customer-Provided Item, we cannot guarantee how the item or its materials will respond to the requested customization process.
9.5. Accidental Production Damage: Custom embroidery, printing, sewing, pressing, and related production processes involve equipment and procedures that carry an inherent risk of accidental damage even when reasonable care is used.
To the fullest extent permitted by applicable law, Sixpence Handmade is not responsible for incidental or accidental damage to a Customer-Provided Item occurring in the ordinary course of performing the requested customization unless the damage results from negligence or other liability that cannot legally be excluded or limited.
9.6. Value and Replacement: Customers should not provide irreplaceable, sentimental, rare, unusually valuable, or otherwise high-value items for customization.
Unless Sixpence Handmade expressly agrees otherwise in writing before accepting an item, Sixpence Handmade does not accept responsibility for sentimental, collectible, special, consequential, or replacement value beyond any liability that cannot legally be excluded or limited.
9.7. Fire, Theft, Disaster, and Other Casualty Loss: Sixpence Handmade is not responsible, to the fullest extent permitted by applicable law, for loss of or damage to Customer-Provided Items resulting from fire, theft, burglary, severe weather, natural disaster, power-related events, or other casualty or circumstances that could not reasonably have been prevented through the exercise of reasonable care.
Nothing in this provision excludes or limits liability that cannot legally be excluded or limited under applicable law.
9.8. Right to Decline: Sixpence Handmade reserves the right to decline a Customer-Provided Item before or during production if we determine that the item's condition, construction, materials, value, requested customization, or other circumstances make the work unsuitable or create an unreasonable risk of damage or production problems.
9.9. Customer Authorization: By providing a Customer-Provided Item and authorizing Sixpence Handmade to customize it, the customer acknowledges the risks described in this section and authorizes Sixpence Handmade to handle and process the item as reasonably necessary to perform the requested work.
10. Returns, Refunds, Cancellations, and Order Problems
10.1. Return and Refund Policy: All purchases are subject to Sixpence Handmade's applicable Return and Refund Policy, which is incorporated into these Terms by reference. Customers are responsible for reviewing that policy before completing a purchase.
10.2. Final Sales: Because all finished Sixpence Handmade products are made to order, all sales are final, except where Sixpence Handmade determines that a refund, replacement, or other resolution is appropriate under the Return and Refund Policy or where otherwise required by applicable law.
Returns or exchanges are not accepted for change of mind, customer preference, incorrect customer selections, or errors in information or specifications provided or approved by the customer.
10.3. No Customer-Requested Changes or Cancellations: Once an order has been purchased, customer-requested changes, corrections, or cancellations are not accepted, except where otherwise required by applicable law.
This includes custom orders and rush orders. Customers are responsible for reviewing all applicable order information and approvals before completing their purchase.
10.4. Problems With an Order: If a customer believes Sixpence Handmade made an error in producing an order or that another issue exists for which Sixpence Handmade may be responsible, the customer must contact Sixpence Handmade within 24 hours of USPS delivery confirmation or customer pickup, as applicable, and provide the order number, a description of the issue, and any photographs or other information reasonably requested to evaluate the matter.
For unattended local pickup, the 24-hour reporting period begins when the order is retrieved from the designated pickup location.
Reporting an issue does not automatically establish that the product is defective or that Sixpence Handmade is responsible for the reported condition.
10.5. Sixpence Handmade Errors: If Sixpence Handmade determines that an order was not produced according to the customer's final approved specifications due to an error by Sixpence Handmade, we may, at our discretion and as appropriate under the circumstances, provide a correction, replacement, refund, or other reasonable resolution, subject to applicable law.
Sixpence Handmade may require the affected item to be returned before determining or completing a resolution. If a return is required because of a confirmed Sixpence Handmade error, return instructions will be provided.
Production of a replacement or corrected item may be delayed until the returned item has been received and evaluated.
10.6. Unauthorized Returns: Customers must not return or send an item to Sixpence Handmade without first contacting us and receiving return instructions.
Receipt of an unauthorized return does not constitute acceptance of the customer's claim, approval of a refund, or agreement that Sixpence Handmade is responsible for the reported issue.
If an item is returned without prior authorization and Sixpence Handmade determines that the item must be sent back to the customer, the customer is responsible for the additional shipping cost required to return the item to them, except where otherwise required by applicable law.
10.7. Customer-Approved Errors: An item is not considered defective or a Sixpence Handmade error solely because it accurately reflects information, spelling, personalization, selections, specifications, or other details provided or approved by the customer.
10.8. Carrier-Related Damage or Loss: Damage, loss, delay, theft, misdelivery, or other issues occurring while a package is in USPS possession or after USPS has confirmed delivery are governed by the applicable Shipping Policy and USPS procedures and are not considered a Sixpence Handmade production error merely because they affect an order.
Nothing in this provision limits responsibility that cannot legally be excluded or limited.
10.9. Policy Controls: Additional requirements, exclusions, procedures, and available resolutions are stated in the Return and Refund Policy. If this section and the Return and Refund Policy address the same issue, they will be interpreted consistently whenever reasonably possible, with the more specific applicable provision governing where necessary, except where otherwise required by law.
11. Shipping, Delivery, and Local Pickup
11.1. Shipping Policy: Shipped orders and applicable local-pickup procedures are subject to Sixpence Handmade's Shipping Policy, which is incorporated into these Terms by reference. Customers are responsible for reviewing the Shipping Policy before completing a purchase.
11.2. Shipping Carrier: Sixpence Handmade ships orders via USPS. Available USPS shipping services and applicable charges may be displayed at checkout or otherwise communicated as part of the order.
11.3. Production and Shipping Are Separate: Production time and USPS transit time are separate. The production lead time applicable to an order does not include USPS transit or delivery time unless expressly stated otherwise.
Selecting an expedited USPS service does not shorten Sixpence Handmade's production time. Rush production must be separately selected or arranged when available.
11.4. Tracking: Tracking information will be provided when available. After shipment, customers are responsible for monitoring the tracking information associated with their order.
11.5. USPS Possession and Carrier Issues: Once a package has been accepted into the USPS mail stream, its transportation, routing, handling, scanning, and delivery are performed by USPS.
Delays, loss, misdelivery, theft, or damage occurring during USPS transportation or after delivery are not considered Sixpence Handmade production errors merely because they affect an order.
Nothing in this section excludes or limits responsibility that cannot legally be excluded or limited.
11.6. USPS Claims and Inquiries: Customers are responsible for contacting USPS directly regarding carrier-related delays, missing packages, delivery disputes, misdelivery, damage occurring during shipment, or other USPS-related issues and for initiating any applicable inquiry, search, or claim through USPS.
Sixpence Handmade is not responsible for managing or acting as an intermediary in a customer's USPS claim or investigation.
When reasonably necessary for a USPS inquiry or claim, Sixpence Handmade may provide available information or documentation concerning the shipment that must reasonably come from the sender.
11.7. Delivered Packages: If USPS tracking confirms that a package was delivered, customers are responsible for promptly checking the delivery location and taking reasonable steps to locate and secure the package.
Sixpence Handmade is not responsible, to the fullest extent permitted by applicable law, for theft, loss, damage, weather exposure, animals, mishandling, or other events occurring after USPS has completed delivery.
11.8. Shipping Address: Customers are responsible for providing a complete and accurate shipping address.
Sixpence Handmade is not responsible for delivery problems resulting from an incorrect or incomplete address supplied by the customer.
If a package is returned to Sixpence Handmade because of an incorrect, incomplete, refused, or otherwise undeliverable customer-provided address, the customer may be required to pay applicable additional shipping charges before the order is resent.
11.9. Address Changes: Customers should carefully review their shipping address before completing a purchase. If a customer requests an address correction after purchase but before shipment, Sixpence Handmade may attempt to accommodate the request when reasonably possible but cannot guarantee that a change can be made once processing has begun.
Once an order has shipped, address changes are subject to USPS availability, procedures, and policies.
11.10. Shipping Estimates: USPS transit and delivery estimates are carrier estimates and are not guaranteed by Sixpence Handmade.
Sixpence Handmade does not guarantee a specific delivery date based solely on an estimated USPS transit time.
11.11. Local Pickup: When local pickup is available and selected or arranged, Sixpence Handmade will notify the customer when the order is ready for pickup and provide applicable pickup instructions.
When unattended pickup is used, Sixpence Handmade may place the completed order in a designated secured pickup box and provide the customer with the applicable access instructions, key information, or lock-box code.
Customers are responsible for keeping pickup access information confidential and for sharing it only with a person they authorize to retrieve their order.
11.12. Retrieval of Local Pickup Orders: An unattended local-pickup order is considered retrieved when the customer or a person using the customer's provided or authorized pickup access physically removes the order from the designated pickup box.
After retrieval, the customer or authorized person is responsible for properly securing the pickup box and returning any key as instructed.
To the fullest extent permitted by applicable law, Sixpence Handmade is not responsible for loss, theft, damage, mishandling, weather exposure, or other events occurring after the order has been retrieved by the customer or a person using the customer's authorized pickup information.
Nothing in this provision excludes or limits responsibility that cannot legally be excluded or limited.
11.13. Applicable Shipping Policy: Additional information concerning shipping charges, carrier delays, lost or stolen packages, damaged shipments, addresses, local pickup, and other delivery matters is provided in the applicable Shipping Policy.
12. Reviews, Feedback, and Customer Communications
12.1. Honest Reviews and Feedback: Sixpence Handmade respects customers' rights to provide honest reviews, ratings, feedback, and opinions regarding their experiences with our products and Services.
Nothing in these Terms is intended to prohibit, restrict, penalize, or discourage a customer from providing an honest review or expressing a good-faith opinion about their experience.
12.2. Accuracy of Factual Statements: Customers are encouraged to distinguish between their experience or opinion and factual claims regarding Sixpence Handmade, its products, conduct, or Services.
Nothing in these Terms authorizes any person to knowingly publish or communicate materially false statements of fact, fabricate an experience or transaction, impersonate another person, misrepresent the circumstances of an order, or otherwise engage in unlawful conduct.
12.3. Shipping and Third-Party Issues: Customers are encouraged to accurately distinguish between issues involving a Sixpence Handmade product or service and issues caused by USPS or another third party.
For example, a USPS delay, misdelivery, loss, or damage occurring during shipment does not, by itself, establish that Sixpence Handmade improperly produced the customer's order.
Nothing in this section prevents a customer from honestly describing the complete circumstances of their experience, including their experience with shipping or delivery.
12.4. Fraudulent or Manipulated Reviews: Customers may not knowingly submit reviews or ratings concerning transactions that did not occur, impersonate another customer, create multiple identities for the purpose of manipulating ratings, knowingly submit materially false information about an order, or engage in other fraudulent review activity.
12.5. Threats, Harassment, and Extortion: Nothing in these Terms permits threats, harassment, unlawful coercion, extortion, or demands for money, products, refunds, discounts, or other benefits in exchange for withholding, removing, altering, or refraining from publishing content where such conduct is unlawful.
This provision does not prohibit a customer from making a lawful complaint, requesting an appropriate resolution, informing Sixpence Handmade of an intended honest review, or exercising any other right protected by applicable law.
12.6. Sixpence Handmade's Right to Respond: Sixpence Handmade reserves the right to respond to reviews, complaints, or public statements concerning a transaction and, to the extent permitted by applicable law and applicable platform rules, to provide accurate information reasonably necessary to clarify the circumstances of the transaction or respond to materially false factual claims.
Sixpence Handmade will not publicly disclose private customer information merely for the purpose of responding to criticism.
12.7. Reporting Content: Sixpence Handmade may report content to the applicable website, platform, service provider, or appropriate authority when we reasonably believe the content violates applicable platform rules or law.
Nothing in these Terms guarantees that a platform will remove a review or other content.
12.8. Legal Rights: Sixpence Handmade reserves any rights or remedies available under applicable law concerning defamatory statements, fraud, impersonation, intellectual-property infringement, harassment, threats, or other unlawful conduct.
Nothing in this section is intended to restrict lawful consumer reviews, good-faith criticism, honest opinions, or other speech protected by applicable law.
13. Disclaimer of Warranties
13.1. Services and Products: To the fullest extent permitted by applicable law, Sixpence Handmade provides its website, Services, and products subject to these Terms and the specifications applicable to each order.
Except for warranties, representations, or obligations expressly stated by Sixpence Handmade in writing or that cannot legally be excluded or limited, Sixpence Handmade disclaims warranties to the fullest extent permitted by applicable law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement where such disclaimers are legally permitted.
13.2. Handmade and Made-to-Order Products: Customers acknowledge that handmade, embroidered, printed, sewn, and otherwise individually produced products may contain reasonable variations between items or compared with photographs, samples, mockups, or previously completed products.
Such reasonable variations are not defects when they do not materially affect the product's intended appearance, function, or use.
13.3. Product Images, Displays, and Colors: Sixpence Handmade makes reasonable efforts to accurately represent products, colors, materials, designs, and customization options. However, we do not guarantee that photographs, digital displays, monitors, mobile devices, mockups, or other representations will reproduce exact physical colors, textures, scale, proportions, placement, or other characteristics.
13.4. Mockups and Design Specifications: Mockups, proofs, digital renderings, and Design Specifications are provided to communicate the general appearance and approved specifications of a custom order and are subject to the mockup, sizing, placement, and production provisions stated elsewhere in these Terms.
Unless specific measurements are expressly included in the approved order specifications, the apparent proportional size or placement of a design shown in a mockup is not a guarantee of exact physical dimensions or proportional placement on the finished product.
13.5. Customer-Provided Materials and Items: Sixpence Handmade does not warrant the quality, suitability, legality, ownership, licensing status, durability, construction, performance, or characteristics of materials, artwork, designs, logos, garments, or other items supplied by a customer or third party.
Our acceptance or use of customer-provided materials or items does not constitute a warranty or legal determination regarding those materials or items.
13.6. Third-Party Products and Materials: Products or materials manufactured or supplied by third parties, including blank garments and other items used to fulfill an order, may be subject to manufacturer variations, availability, specifications, and other conditions outside Sixpence Handmade's reasonable control.
Nothing in these Terms excludes any warranty or remedy that applicable law requires to remain available to the customer.
13.7. No Guarantee Beyond Approved Specifications: Sixpence Handmade's obligation is to use reasonable care to produce the purchased order substantially according to the applicable final approved specifications, subject to the reasonable variations, production considerations, limitations, and other terms described in these Terms and applicable policies.
A customer's subjective expectation that was not communicated and included in the final approved order specifications does not constitute an additional product specification or guarantee.
14. Limitation of Liability
14.1. Limitation of Liability: To the fullest extent permitted by applicable law, Sixpence Handmade and its owner, employees, representatives, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Services, products, an order, or these Terms.
This includes, to the extent permitted by law, loss of profits, revenue, business opportunity, goodwill, use, data, or other consequential loss, whether arising in contract, tort, negligence, strict liability, or another legal theory.
14.2. Maximum Liability: To the fullest extent permitted by applicable law, Sixpence Handmade's aggregate liability arising out of or relating to a particular product, order, transaction, or Service will not exceed the amount actually paid to Sixpence Handmade for the product, order, transaction, or Service giving rise to the claim.
This limitation does not apply to liability that cannot legally be excluded or limited.
14.3. Customer-Provided Items: To the fullest extent permitted by applicable law, Sixpence Handmade is not liable for loss of or damage to Customer-Provided Items resulting from inherent material characteristics, hidden defects, existing condition, ordinary production risks, or casualty events for which Sixpence Handmade is not legally responsible, as further described in the Customer-Provided Items section of these Terms.
Nothing in this provision excludes liability arising from negligence or other responsibility to the extent such liability cannot legally be excluded or limited.
14.4. Third-Party and Carrier Actions: To the fullest extent permitted by applicable law, Sixpence Handmade is not liable for acts, omissions, delays, failures, losses, damages, or other circumstances caused by USPS, payment processors, Shopify, suppliers, manufacturers, internet or technology providers, or other independent third parties outside Sixpence Handmade's reasonable control.
14.5. Customer Information, Instructions, and Approvals: To the fullest extent permitted by applicable law, Sixpence Handmade is not liable for losses or damages resulting from inaccurate, incomplete, unauthorized, or incorrect information, selections, instructions, specifications, materials, permissions, or approvals supplied or approved by the customer.
14.6. Customer-Submitted Intellectual Property: To the fullest extent permitted by applicable law, Sixpence Handmade is not liable for claims arising from a customer's unauthorized submission or requested use of third-party intellectual property where the customer represented or warranted that the required rights, licenses, permissions, consents, or authorizations existed.
Nothing in this section authorizes Sixpence Handmade to knowingly infringe another party's rights or excludes liability that applicable law does not permit to be excluded.
14.7. Events Outside Reasonable Control: To the fullest extent permitted by applicable law, Sixpence Handmade will not be liable for delay or failure to perform caused by circumstances outside our reasonable control, including severe weather, natural disaster, fire, flood, power outage, equipment failure, supply interruption, transportation disruption, governmental action, or other events beyond our reasonable control.
Where applicable law requires a particular remedy, notice, refund, cancellation right, or other action because of such an event, Sixpence Handmade will comply with those requirements.
14.8. Essential Basis of Agreement: The limitations stated in this section are intended to allocate risk between the customer and Sixpence Handmade and apply to the fullest extent permitted by applicable law.
If any limitation or exclusion in this section is determined to be unenforceable, the remaining limitations and provisions will continue to apply to the fullest extent permitted by law.
15. Indemnification
15.1. Customer Indemnification: To the fullest extent permitted by applicable law, the customer agrees to indemnify, defend, and hold harmless Sixpence Handmade and its owner, employees, representatives, and agents from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, losses, costs, and reasonable attorneys' fees arising out of or relating to:
- Customer-Submitted Materials provided or submitted by the customer;
- The customer's requested use, reproduction, modification, digitizing, vectorizing, embroidery, printing, or other processing of Customer-Submitted Materials;
- A claim that Customer-Submitted Materials or the customer's requested use of them infringes or violates another person's or entity's copyright, trademark, service mark, trade name, patent, privacy, publicity, contractual, or other legal rights;
- The customer's lack of ownership, permission, license, consent, authorization, or other legal authority for a requested use;
- False, inaccurate, fraudulent, forged, altered, misleading, expired, revoked, or unauthorized permission, license, approval, authorization, or other documentation provided by the customer;
- A material misrepresentation by the customer concerning ownership, authorization, affiliation, identity, authority, or permission;
- Information, instructions, specifications, or materials supplied by the customer that violate applicable law or the rights of another party; or
- The customer's material breach of these Terms.
15.2. Customer Representations: The indemnification obligations in this section apply when a claim results from or relates to information, instructions, materials, representations, warranties, or documentation supplied by the customer, including where the customer represented that they possessed authority to authorize Sixpence Handmade's use of a logo, trademark, design, artwork, photograph, character, name, likeness, or other protected material.
15.3. Authorization Verification: Sixpence Handmade's decision to request, review, contact a purported rights holder regarding, or otherwise attempt to verify authorization supplied by a customer does not transfer responsibility for the customer's representations or documentation to Sixpence Handmade and does not constitute a guarantee that the authorization is authentic or legally sufficient.
To the fullest extent permitted by applicable law, a customer remains responsible for false, fraudulent, forged, altered, misleading, unauthorized, or otherwise invalid documentation or representations supplied by that customer.
15.4. Notice and Cooperation: If Sixpence Handmade becomes aware of a third-party claim for which indemnification may apply, we may provide the customer with reasonable notice of the claim where appropriate and legally permissible.
The customer agrees to provide reasonable cooperation and information necessary to address the claim.
Sixpence Handmade reserves the right to participate in the defense of a claim through counsel of its choosing where reasonably necessary to protect its interests.
15.5. Settlements: The customer may not enter into a settlement on behalf of Sixpence Handmade, admit liability on behalf of Sixpence Handmade, or agree to any obligation, restriction, payment, or other term binding upon Sixpence Handmade without our prior written consent.
15.6. Sixpence Handmade's Own Conduct: Nothing in this section requires a customer to indemnify Sixpence Handmade for liability to the extent that such liability results from Sixpence Handmade's own conduct and applicable law does not permit that liability to be transferred or indemnified.
15.7. Survival: To the extent permitted by applicable law, the obligations in this section survive completion, cancellation, or termination of the applicable order or the customer's use of the Services when necessary to address a claim arising from conduct, materials, representations, or transactions occurring while these Terms applied.
16. Governing Law and Disputes
16.1. Governing Law: These Terms and any dispute arising out of or relating to these Terms, the Services, or an order will be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except to the extent applicable federal law or other law requires otherwise.
16.2. Good-Faith Resolution: Before initiating formal legal proceedings, customers are encouraged to contact Sixpence Handmade so that the parties may attempt in good faith to resolve the dispute informally.
Nothing in this provision requires either party to waive or delay a legal right when doing so would cause that right to expire or otherwise prejudice a remedy available under applicable law.
16.3. Venue: To the fullest extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms, the Services, or an order that is not otherwise required to be brought in another jurisdiction or forum will be brought in a court of competent jurisdiction located in North Carolina.
16.4. Rights and Remedies: Nothing in this section prevents Sixpence Handmade or a customer from pursuing a claim, defense, remedy, or proceeding in another forum when applicable law provides or requires that right.
17. Severability and Waiver
17.1. Severability: If any provision of these Terms is determined by a court or other authority of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, when appropriate, severed from these Terms.
The remaining provisions will remain in full force and effect to the extent permitted by law.
17.2. No Waiver: Sixpence Handmade's failure or delay in exercising or enforcing any right, remedy, or provision of these Terms does not constitute a waiver of that right, remedy, or provision.
17.3. Individual Exceptions: If Sixpence Handmade chooses, in a particular circumstance, to provide an accommodation, exception, refund, replacement, correction, discount, extension, or other resolution beyond what these Terms or our policies require, that decision applies only to that particular circumstance and does not create an obligation to provide the same or similar exception in another situation.
17.4. Written Waivers: Any waiver by Sixpence Handmade of a provision of these Terms applies only to the specific matter for which the waiver is expressly given and does not constitute a continuing or future waiver unless expressly stated otherwise in writing.
18. Termination and Suspension
18.1. Termination or Suspension of Services: Sixpence Handmade reserves the right, to the fullest extent permitted by applicable law, to refuse, restrict, suspend, or terminate a customer's access to or use of the Services when reasonably necessary, including for violation of these Terms, suspected fraud or unlawful activity, abusive or threatening conduct, misuse of the Services, intellectual-property concerns, or other circumstances described in these Terms.
18.2. Effect on Existing Orders: Termination or restriction of a customer's access to the Services does not automatically cancel or alter an existing order.
Sixpence Handmade may determine whether an existing order can reasonably and lawfully be completed. If an order must be canceled by Sixpence Handmade, any refund or other resolution will be handled in accordance with these Terms, the applicable policies, and applicable law.
18.3. Continuing Obligations: Termination, cancellation, completion of an order, or discontinuation of the customer's use of the Services does not eliminate rights or obligations that by their nature are intended to continue after the transaction ends.
This may include, as applicable, provisions concerning intellectual property, production files, customer representations and warranties, indemnification, limitation of liability, payment obligations, dispute resolution, and other provisions reasonably necessary to address conduct or transactions occurring while these Terms were in effect.
18.4. Future Orders: Sixpence Handmade is not obligated to accept future orders from a customer merely because we previously accepted or completed an order for that customer.
19. Changes to These Terms
19.1. Updates: Sixpence Handmade reserves the right to update, revise, or modify these Terms from time to time to reflect changes in our business practices, Services, products, policies, technology, or applicable legal requirements.
19.2. Effective Date: When these Terms are updated, the revised version will be posted with an updated Effective Date.
19.3. Existing Orders: Unless otherwise permitted or required by applicable law, changes to these Terms will not retroactively alter the material terms applicable to an order that was completed before the revised Terms became effective.
19.4. Continued Use: Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
20. Contact Information
Questions regarding these Terms of Service, an order, or Sixpence Handmade's Services may be directed to:
Sixpence Handmade
Email: sixpencehandmade@yahoo.com
Mailing Address:
Sixpence Handmade
129 Reservation Drive
Spindale, NC 28160
United States
When contacting us regarding an existing order, please include your order number and any other information reasonably necessary for us to identify the applicable transaction.