Terms & Conditions

These terms and conditions shall apply to and govern all contracts between us, as the Seller (“The Seller”) and you as the buyer (“The Buyer”). These terms & conditions shall apply as the complete and exclusive terms of each contract and no variation in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed in writing by the Seller. Unless previously agreed in writing, all orders placed with Racing Penguin prior to us offering credit facilities will only be accepted on a pro-forma basis or online credit/debit card transaction. By opting to submit your credit application by electronic mail, you acknowledge that you have read, understood and agree with our standard terms and conditions and that they are legally binding and apply to all sales made.

All prices shown on the site do not include VAT as we are legally not allowed to charge it due to not been VAT registered. If the Buyer places an order via the Sellers web site the price payable for the goods will be set out on the web site at the time the Buyer places the order. Whilst every endeavour will be made to maintain the prices we reserve the right to alter prices at any time without prior notice. Racing Penguin reserves the right to increase the quoted price on bespoke items not included for sale on the website, if there is an increase in costs to the Seller between the date of order and dispatch. Should expedited delivery be agreed and require overtime or other additional costs these additional costs can be charged. Work carried out at The Buyer’s request whether experimentally or otherwise will be subject to an additional charge. Additional charges may be made to cover extra work involved where copy supplied is not clear or legible.

Estimates given by the Seller shall be deemed to be withdrawn unless the Seller receives notice of The Buyers acceptance in writing within 7 days from the date hereof. All prices for bespoke print related orders are quoted subject to sign of final artwork and available production capacity. In the case of work being cancelled by the Buyer, the Seller will be entitled to payment for work already carried out, materials ordered and other additional costs involved, including all allocated and scheduled production hours which are no longer saleable.

Proofs & Origination
Any Author’s and Customers corrections to artwork supplied by The Buyer and any additional proofs necessitated by such corrections will incur an additional charge unless included in the estimate. The Seller accepts no responsibility for any breach of confidentiality, loss of reputation, financial or other loss arising, from carrying out the Buyer’s instruction to transmit proofs or other material via any electronic means. This includes e-mail. Due to variations in equipment, paper, inks and other conditions between colour proofing and actual production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable. Where the greatest degree of accuracy is imperative. The Seller accepts no responsibility whatsoever for any errors when the Buyer has been submitted proofs and any errors have not been corrected by the author or buyer.

Delivery & Payment
In the absence of the express written agreement of the Seller to the contrary, all orders placed with Racing Penguin prior to us offering credit facilities will only be accepted on a pro-forma basis only, unless previously agreed in writing. The Buyer will be primarily liable for all sums due to the Seller in respect of any order placed irrespective of whether or not such Buyer is acting as principal or agent. If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights to invoice the goods whereupon payment in full shall become due forthwith. Should work be suspended or delayed through any default of the Buyer, the Seller shall be entitled to payment for work already carried out. For goods which are contracted for delivery by instalments late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract. Without prejudice to the generality of the forgoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. If the Buyer has a credit account with the Seller, payments shall be made 30 days end of month. The buyer will make full payment to the Seller by the last day of the month following the invoice date. If payment is not made on the due date the Seller, without prejudice to its other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 4% per week in force from the date the monies first became due until the outstanding amount is paid. For orders over £500, Racing Penguin reserves the right to request a 50% non-refundable payment at the time the order is placed. Every endeavour will be made to deliver the correct quantities ordered, but it will be a term of contract that margins of 10 per cent for overs or shortages shall be charged or deducted on bespoke customised products.

All goods are borne at Buyer’s risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Contract between the Buyer and Racing Penguin.

Retention of Title

  1. Goods shall remain the sole and absolute property of the Seller as legal and equitable owner of the goods until payment of all sums due to the Seller from the Buyer on any accounts whatsoever have been received in full by the Seller.
  2. Where payment is effected by cheque the Seller shall be treated as not having received payment until that cheque has been honoured and the amount credited to the bank account of the Seller.
  3. The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller’s goods if the Buyer is in breach of the payment terms under this Contract or if the Seller reasonably considers that its property is in jeopardy. On receipt of such notice, the goods shall immediately be delivered to the Seller, and the Seller by it’s employees or agents shall have the right to enter upon any land, building or vehicles of the Buyer to take possession of its goods.
  4. Any complaint by the Buyer of short delivery or damage to the goods shall have been notified in writing to the Seller immediately (within 7 days) upon receipt of the goods;
  5. Any complaint by the Buyer of failure to deliver shall have been notified within 7 days of receipt of the invoice or goods, whichever is the earlier. The Sellers entire liability shall be limited to the value of the goods and the Seller shall be under no liability if the goods are not paid for by the due date. The Seller expressly excludes liability for consequential loss to the Buyer and or any third party claims occasioned by delay (however so arising)

Copyright and Trademark
If you design your own order and submit a design that infringes on Copyright or Trademark Law. If you cannot prove you have permission from the holder to use the design, we reserve the right to reject order/s.

Your Order
We reserve the right to substitute goods within your order with goods of an equivalent nature.

Password & Security
You agree that you are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities using your password or account. You agree to immediately notify Racing Penguin of any unauthorised use of your password or account.

To the fullest extent permitted at law, Racing Penguin is providing this website and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Racing Penguin does not represent of warrant that the information accessible via this web site is accurate, complete or current.

Consequential Loss
Without prejudice to the generality of the foregoing provisions Racing Penguin shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

Right of Rescission
Racing Penguin shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing (email) to the Buyer to rescind any Contract between Racing Penguin and the Buyer or to suspend delivery in the following event: If the Buyer is in breach of any term of the same or any other Contract with Racing Penguin and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.

Force Majeure
Racing Penguin shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Racing Penguin. This includes any act of God, war, strike, lockout or other industrial dispute, fire, flood drought, legislation or other cause beyond the Sellers control.

Size of Materials
Unless specific warranties in writing are provided for accurate sizes all sizes referred to on the website are approximate only. Size Guide

These conditions and all other terms of Contract shall constitute the entire understanding and agreement between the Seller and the Buyer. These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.

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