Terms of service
Last updated: 11 July 2026
1. About us
The website www.penguinproductions.uk is operated by Nicola Clark Gethins trading as Penguin Productions, a sole trader established in Scotland.
Business address:
8 Craigie Place
Coatbridge
ML5 5JY
United Kingdom
Email: enquiries@penguinproductions.uk
References in these Terms to “Penguin Productions”, “we”, “us” or “our” mean Nicola Clark Gethins trading as Penguin Productions.
References to “you” or “your” mean the person or organisation that uses the website, submits an enquiry, or places an order.
2. These Terms
These Terms apply to:
- your use of our website;
- orders placed through the website;
- orders placed by email or another agreed method;
- personalised and custom-made products;
- quotation requests;
- business, trade and bulk orders; and
- related services provided by Penguin Productions.
Please read these Terms, our Privacy Policy, Shipping and Delivery Policy and Returns, Refunds and Cancellations Policy before ordering.
Nothing in these Terms excludes or limits any statutory rights that cannot lawfully be excluded or limited.
3. Eligibility to order
You must be at least 18 years old and legally capable of entering into a contract to place an order.
Where you order for a business, organisation, club or other third party, you confirm that you are authorised to place the order and bind that customer.
4. Our products
We create and supply products, including personalised clothing, labels, bags, accessories, gifts, printed and embroidered products, and other customised goods.
Product descriptions, dimensions and images are provided to help customers make purchasing decisions.
Although we take reasonable care to present products accurately:
- screen settings may affect how colours appear;
- colours may vary slightly between production or material batches;
- measurements may be approximate;
- positioning may vary slightly on individually produced products; and
- natural or manufactured materials may contain minor variations.
These reasonable production differences do not affect your rights where a product is faulty, materially different from its description or does not match an approved specification.
5. Personalisation information
You are responsible for checking all information submitted with an order, including:
- names;
- spelling;
- dates;
- wording;
- fonts;
- colours;
- sizes;
- photographs;
- design selections;
- logos;
- artwork; and
- delivery details.
We will normally produce the product based on the information you submit or approve.
We are not responsible for any error in information or artwork supplied or approved by you, provided we have reproduced it accurately.
This does not apply where we have made the error or failed to follow the information or proof you approved.
6. Customer-supplied artwork and content
When you provide text, photographs, images, logos, trademarks, designs or other content, you confirm that:
- you own the content or have permission to use it;
- you have permission to ask us to reproduce it;
- its use does not infringe another person’s rights;
- it is not unlawful, threatening, discriminatory, defamatory or obscene;
- it does not promote criminal or harmful activity; and
- any person shown or identified has provided any consent reasonably required.
Where the content relates to a child, you confirm that you are the child’s parent, guardian or otherwise authorised to provide and use the content.
You grant us a limited licence to use the supplied content only as reasonably necessary to:
- prepare artwork;
- create proofs;
- produce the order;
- communicate with you;
- provide after-sales support; and
- meet legal or record-keeping requirements.
We will only use customer content in our portfolio, social media or marketing where separate permission has been given.
We may refuse or cancel an order containing content that we reasonably believe is unlawful, harmful, offensive or infringes another person’s rights.
7. Proofs and approvals
A proof may be provided for certain bespoke, business or complex orders.
Proofs are not normally provided for pre-designed website products unless the product listing expressly says otherwise.
Where a proof is provided:
- you must check every element carefully;
- production will not normally begin until approval is received;
- approval confirms that the proof is suitable for production; and
- Changes requested after approval may incur additional costs or delays.
Colours displayed in a digital proof may not exactly match printed, embroidered, engraved or physical materials.
Approval does not remove your rights where the finished product is faulty or does not materially match the approved proof.
8. Placing an order
You can place an order using the purchasing process provided on the website.
Before submitting an order, you will have an opportunity to review and correct the information entered.
You are responsible for ensuring that:
- the order details are complete;
- personalisation information is accurate;
- the delivery address is correct; and
- you are authorised to use the selected payment method.
9. Order acceptance
After an order is submitted, you will normally receive an automated acknowledgement or confirmation.
We may contact you where:
- information is missing;
- artwork is unsuitable;
- a product or material is unavailable;
- a price or description contains an obvious error;
- the order cannot be completed lawfully;
- payment has not been authorised; or
- we cannot reasonably fulfil the order.
Where we cannot accept or complete an order, we will notify you and refund any amount paid for the affected product.
10. Prices and payment
All prices are shown in pounds sterling.
Penguin Productions is not currently VAT registered. VAT is therefore not added to or separately charged on orders.
The total cost shown before checkout will include:
- the product price;
- selected personalisation charges;
- applicable delivery charges; and
- any other mandatory charge.
Payment is required when the order is placed unless a different arrangement has been agreed in writing for a business or bulk order.
We may change prices at any time, but a price change will not affect an order that has already been accepted.
If a price is clearly incorrect due to an obvious technical or administrative error, we may contact you to offer the correct price or to cancel and refund the order.
11. Product and material availability
Products and materials are subject to availability.
Stock availability may depend on:
- items held by us;
- supplier inventory;
- discontinued colours or sizes;
- material lead times; and
- minimum supplier quantities.
If an item or material becomes unavailable, we may offer:
- an alternative product;
- an alternative colour, size or material;
- a revised timeframe; or
- cancellation and a refund.
We will not substitute a materially different product or design without your approval.
12. Production and delivery
Our standard estimated UK delivery timeframe is 8–10 business days from order confirmation or approval of any required proof, whichever occurs later.
This period includes production and delivery.
Delivery times may be affected by:
- stock and material availability;
- supplier lead times;
- proof approval;
- order volume;
- design complexity;
- carrier disruption;
- weather;
- planned closures;
- staff illness or unexpected unavailability; and
- events outside our reasonable control.
We will notify you where we become aware of a material delay and provide a revised estimate.
We will not compromise product quality, personalisation accuracy, durability or appropriate quality-control processes solely to meet an estimated date.
Where a specific delivery date is essential, you must contact us before ordering. A requested date is not guaranteed unless expressly accepted in writing by us.
Goods remain at our risk until they come into the physical possession of you or of a person you identify to receive them.
Further information appears in our Shipping and Delivery Policy.
13. Late delivery
If we cannot deliver within the agreed period, your rights will depend on the circumstances.
You may have the right to cancel where:
- delivery by the agreed date was essential, and we were made aware of this before accepting the order;
- we have refused to deliver; or
- we fail to deliver within an additional reasonable period you have given us.
Nothing in these Terms limits your statutory rights concerning late or failed delivery.
14. Cancellations, returns and refunds
Cancellation and return rights differ between:
- standard non-personalised products; and
- products made to your specifications or clearly personalised.
Standard non-personalised online purchases may normally be cancelled within the statutory cancellation period.
The change-of-mind cancellation right does not normally apply to goods made to a customer’s specifications or clearly personalised.
Full details appear in our Returns, Refunds and Cancellations Policy.
The personalised goods exception is set out in the Consumer Contracts Regulations 2013.
15. Faulty, damaged or incorrect products
Products must be:
- of satisfactory quality;
- fit for their normal or agreed purpose; and
- as described.
If a product is faulty, damaged, incorrect or materially different from its description or approved proof, contact us as soon as reasonably possible.
We may ask for:
- your order number;
- a description of the problem;
- photographs; and
- return of the product where reasonably necessary.
Depending on the circumstances, you may be entitled to a refund, repair or replacement under the Consumer Rights Act 2015.
Nothing in these Terms limits those rights.
16. Care instructions and product use
You must follow any care, washing, application, storage, safety or usage instructions provided with the product or displayed on its product page.
We are not responsible for damage caused by:
- failure to follow the instructions;
- unsuitable washing or drying;
- incorrect heat application;
- misuse;
- unauthorised alteration;
- abnormal wear;
- use on an unsuitable material; or
- ordinary wear and tear.
This clause does not apply where the product itself was faulty, or the instructions were inaccurate or inadequate.
17. Website content and intellectual property
Unless stated otherwise, the website and its contents are owned by or licensed to Penguin Productions.
This includes:
- our trading name and branding;
- written content;
- product descriptions;
- photographs;
- graphics;
- layouts;
- templates; and
- original designs.
You may view and use the website for personal shopping or legitimate business-enquiry purposes.
You must not reproduce, sell, distribute, scrape, republish or commercially exploit website content without written permission.
Customer-supplied artwork remains the property of the customer or the relevant rights holder.
18. Reviews and customer content
Where you submit a review, you confirm that it:
- reflects your genuine experience;
- is not knowingly false or misleading;
- does not contain unlawful or offensive material;
- does not infringe another person’s rights; and
- does not disclose unnecessary personal information.
You grant us permission to display and reproduce the review on our website and in our marketing.
We may moderate or remove content that breaches these requirements, but we will not deliberately alter the meaning of a genuine review.
Photographs of customers, children, completed orders or customer branding will only be used for promotional purposes where suitable permission has been obtained.
19. Website use
You must not:
- interfere with the website’s security or operation;
- introduce malicious code;
- attempt unauthorised access;
- submit fraudulent payment information;
- use the website for unlawful activity;
- impersonate another person;
- harvest customer or website data; or
- use automated tools in a way that disrupts the website.
We may restrict access where reasonably necessary to protect customers, the website or the business.
20. Third-party services and links
The website may contain services or links operated by third parties, including Shopify, payment providers, and social media platforms.
We are not responsible for third-party websites that we do not control.
Your use of a third-party service may also be governed by that provider’s own terms and privacy policy.
21. Business, trade and wholesale orders
This section applies where the customer is ordering wholly or mainly for business, trade, club, charity, organisation, resale or professional purposes.
A quotation is normally valid for 30 days, unless it states a different period.
A business quotation may specify:
- minimum quantities;
- deposits;
- sample charges;
- artwork charges;
- payment stages;
- lead times;
- delivery arrangements; and
- other project-specific terms.
We may require:
- a deposit before sourcing or production;
- payment for samples or design work; and
- full payment before dispatch.
Where a business order is cancelled after purchasing, artwork or production has begun, we may charge for reasonable costs already incurred or committed, including:
- stock and materials;
- supplier charges;
- artwork;
- samples;
- production time; and
- administrative work.
Consumer cancellation rights do not normally apply to orders placed wholly or mainly for business purposes.
22. Our responsibility to consumers
We are responsible for loss or damage that is a foreseeable result of:
- our breach of these Terms; or
- our failure to use reasonable care and skill.
We are not responsible for loss or damage that was not reasonably foreseeable when the contract was formed.
Where you are purchasing as a consumer, we do not accept liability for business losses, including loss of profit, revenue or business opportunity.
Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- deliberate misconduct; or
- any matter that cannot lawfully be excluded or limited.
Consumer terms must remain fair and transparent, and must not attempt to exclude responsibilities that the law does not permit a business to exclude.
23. Responsibility to business customers
Where you are a business customer, and subject to any separately agreed written terms:
- we are not liable for indirect or consequential loss;
- we are not liable for loss of profit, revenue, contracts, goodwill or anticipated savings; and
- our total liability relating to an order will not normally exceed the total amount paid for that order.
Nothing in this section excludes or limits liability where doing so would be unlawful.
Business customers requiring different insurance, indemnity or liability terms must raise this before accepting the quotation.
24. Events outside our reasonable control
We are not responsible for a failure or delay caused by an event outside our reasonable control.
Such events may include:
- supplier failure;
- stock shortages;
- carrier disruption;
- industrial action;
- severe weather;
- fire;
- flooding;
- power or internet failure;
- equipment breakdown;
- illness;
- government action; or
- other exceptional operational disruption.
We will take reasonable steps to minimise the effect, keep affected customers informed and resume performance as soon as reasonably possible.
Where the delay is substantial, we may offer an alternative revised date or a refund, as appropriate. Your statutory rights remain unaffected.
25. Privacy
We process personal information in accordance with our Privacy Policy.
By submitting personalisation content relating to another person, you confirm that you are authorised to provide it for the order.
26. Changes to these Terms
We may update these Terms from time to time.
The version in force when an order is accepted will normally apply to that order.
Any change required by law may apply as required by that law.
27. Severability
If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.
28. No waiver
If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.
29. Third-party rights
A person who is not a party to the contract does not have a right to enforce these Terms, except where the law provides otherwise.
30. Governing law and courts
These Terms and any contract between you and Penguin Productions are governed by Scots law.
If you are a consumer resident elsewhere in the United Kingdom, you retain any mandatory protections provided by the law of your place of residence. You may bring proceedings in the courts available to you under applicable consumer law.
Business customers agree that the Scottish courts will have exclusive jurisdiction, unless otherwise agreed in writing.
31. Contact us
Nicola Clark Gethins trading as Penguin Productions
8 Craigie Place
Coatbridge
ML5 5JY
United Kingdom
Email: enquiries@penguinproductions.uk
Website: www.penguinproductions.uk
