↠Pin & Needle Works↞
↠Terms of Service↞
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ORDERING PRODUCTS FROM PIN & NEEDLE WORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ORDER PRODUCTS FROM PIN & NEEDLE WORKS.
Pin & Needle Works (P&NW) reserves the right to change or modify any of these terms and conditions at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions and shall apply to all acts or omissions occurring after the effective date of the revised terms and conditions. You waive any right you may have to receive specific notice of such changes or modifications. By ordering products following the posting of changes or modifications, you will confirm your acceptance of such changes or modifications.
a1. Terms of Sale
The following terms and conditions of sale ("Sale Terms") apply to your purchase of any products from P&NW, except to the extent that you have entered into a separate written agreement with P&NW that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in P&NW’s sole discretion. By placing an order for products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and P&NW, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
a2. Allergy Warning
If you have a strong negative allergic reactions to any materials or substance, please discuss with P&NW prior to beginning a paid interaction. This includes but is not limited to pet hair or dander allergies, severe grass or hay reactions, as well as allergies to any synthetic materials used in the construction process of a commission such as adhesives, polyethylene, or any other type of plastic. Precautionary steps may be taken for clients with certain allergies, but must be discussed beforehand.
a3. Commissioning Terms
P&NW designs and manufactures unique products for each customer based upon customer specifications and P&NW’s expertise, aesthetic principles, and independent judgment. Not all customer product requests are reasonable, practicable, or consistent with P&NW’s aesthetic principles, and P&NW reserves the right to reject or ignore any request for any reason or no reason.
For those requests to which P&NW chooses to respond, P&NW will provide a price quote within a reasonable time period after receiving the request and obtaining sufficient information and specifications, including but not limited to design goals and personal measurements. The price quote will include the cost, overhead, and profit charges for all materials, labor, and other expenses anticipated to complete the project. The price quote will not include shipping, third-party fees including but not limited to PayPal fees, or any other associate costs or fees. The price quotes will be valid for 30 days, price estimates may be subject to change after the 30 day mark. Pin & Needle Works is only open for quotes during time periods when we are looking for new clients. Quotes will not be open when we are closed for commissions.
For sizing, P&NW uses the ‘Duct Tape Dummy’ method, required for full costumes in order to ensure the product fits properly. You may find a tutorial on how to make a ‘DTD’ online. Measurements for other parts such as the head, hands, feet, and arm sleeves may be requested by P&NW as needed.
Concept art is required when requesting a quote from P&NW. Concept art should include 2-3 different views of the client's character and show a detailed visual representation of markings and other content requested on the order. P&NW is not responsible for missing markings or content not shown or clearly stated by the client.
P&NW will use its best efforts to reasonably accommodate requested design changes made by the client after P&NW has begun work on an order. We reserve the right to modify the terms of the order stated in the price quote depending upon the design changes requested. P&NW reserves the right to cancel an order at any time for any reason or for no reason (see Refund Policy for further details).
a4. Payment Terms
Pin & Needle Works currently accepts payment only via PayPal unless discussed with the client otherwise. From the time a price quote is accepted by the client in writing, P&NW requires a non-refundable down payment of 30% of the price quote to be paid within 48hrs of receiving the paypal invoice. Payment plans are acceptable and may be discussed prior to invoice payment. This does not apply to parts such as paws and tails, which must be paid off in full upon commissioning. P&NW is not obligated to begin any work on an order until the invoice is fully paid off. An order will not be shipped until P&NW receives the full amount of the remaining balance, including shipping fees. All orders or products not paid within the discussed timeline are forfeited by the client, and P&NW may alter, discard, recycle, re-use, sell, or otherwise do as we see fit with any such orders, products, or parts.
All down-payments are non-refundable unless (a) P&NW receives written notice from the client canceling the order before P&NW begins any work on or incurs any costs in connection with the order, or (b) P&NW elects to cancel an order after a down payment has been received and before P&NW begins any work or incurs any costs in connection with the order.
a5. Refund Policy
0% Complete - 70% Refund
25% Complete - 45% Refund
50% Complete - 20% Refund
75% Complete - No Refund
100% Complete - No Refund
Upon commissioning Pin & Needle Works, if you are having financial issues or are not happy with how the product is coming out, you may be entitled to a partial refund, ONLY if the product is under the 50% completion mark. Refunds do not include the 30% downpay, which is non-refundable as stated above.*
*Exceptions may apply
At this time Pin & Needle Works does not offer any set deadlines or estimated completion dates. P&NW is responsible for determining the order in which commissions are completed, based on an existing queue timeline determined by the order in which invoices have been fully paid off and at P&NW personal discretion and is subject to change. A publicly viewable queue is available online at any time. Rush orders may be considered with a discussed upcharge fee based on requested requirements and is subject to change.
a7. Shipping Terms and Policies
All orders are shipped FOB Shipping Point. Title to products passes from Pin & Needle Works to you upon shipment, and we are not responsible for any shipping delays, problems, or damage once the order has been shipped. You are solely responsible for selecting an adequate and appropriate carrier, shipment method, and shipping insurance policy. You are required to procure shipping insurance that will cover, at a minimum, the full value of the order. You are solely responsible for compliance with all domestic and international shipping laws, regulations, taxes, tariffs, and other legal requirements that may apply to your shipment of P&NW products. P&NW will use its best efforts to reasonably comply with your shipment selections and specifications.
a8. Limited Warranty and Repairs
Pin & Needle Works products come with a limited warranty to the original purchaser to be free from defects in material or workmanship for a period of 6 months from the date of shipment. This warranty does not cover defects or damage caused during shipment or that are due to improper use, installation, alteration, accident or any other event beyond the control of P&NW. Defects or damage resulting from misuse, abuse or negligence will void this warranty. This warranty does not cover normal wear and tear. This warranty does not cover the repair or cleaning of soiled or unsanitary products. P&NW reserves the right to charge a reasonable fee or simply return unrepaired products that arrive for warranty service in a soiled, unsanitary, or unworkable condition. P&NW products are intended for entertainment and personal use only. Unless P&NW agrees otherwise, products are not intended to withstand unusual or high-stress environments, conditions, or uses. This warranty does not cover repairs requested because a customer's measurements have changed after the order has been placed. This warranty is nontransferable and is expressly limited to the repair or replacement of the defective product.
During the warranty period, P&NW will repair or replace the defective part or product that is returned to P&NW at no cost to the original purchaser. Shipping charges and insurance are not covered and are the responsibility of the purchaser. P&NW reserves the right to make substitutions to warranty claims if replacement parts or components are unavailable or obsolete. P&NW will not be liable for loss of use of the product or other consequential or incidental costs, expenses or damages incurred by the consumer or any other user. If the warranty time period has passed, clients may be able to send in products for repairs or updates for a discussable fee, subject to change.
THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.
b1. Limitation of Liability
PIN & NEEDLE WORKS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, PIN & NEEDLE WORKS LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PIN & NEEDLE WORKS PRODUCTS.
You agree to indemnify and hold harmless P&NW and P&NW’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to your conduct or failure to act or your use of P&NW products, including but not limited to claims or demands relating to any violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
b3. Age Restriction
Pin & Needle Works only sells products to and works with adults. If you are under 18, you may visit P&NW’s online media outlets only with involvement of a parent or guardian. P&NW reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
b4. Trademark and Copyright
All P&NW products are copyright Pin & Needle Works, LTD. You may not create derivative works intended for resale, commercial use, or distribution; distribute parts or copies of parts; or take credit for creation of the product or any part of the product without exclusive written permission. Products intended for commercial use may be subject to additional legal dialogue not stated or discussed prior to paid interaction.
b5. Electronic Communications and Social Media
When you visit any of Pin & Needle Works online media or send e-mails to P&NW, you are communicating with P&NW electronically and you consent to receive communications from P&NW electronically. P&NW will communicate with clients via e-mail. P&NW may choose to communicate with another private messaging service at our discretion. You agree that all agreements, notices, disclosures and other communications that P&NW provides to you electronically satisfy any legal requirement that such communications be in writing. Pin & Needle Works also holds the right to post ‘work in progress’ pictures to social media or other publicly viewable outlets. A client may request that work may not be posted publicly, ie ‘kept secret’, additional disclosure documents may be requested by either party.
b6. Governing Law and Forum
Any dispute arising out of or related to the purchase or use of Pin & Needle Works products shall be governed by the laws of the State of Washington without regard to rules governing conflict of laws. You agree that any action arising out of or related to the purchase or use of P&NW products shall be commenced and prosecuted in Washington Circuit Court for King County, or in the United States Federal District Court for the District of Washington, Seattle Division.