This is an All Digital File Shop. We do NOT sell physical or printed materials, and there is no shipping available for digital files. All digital files are sent directly to the email you provide. Please allow up to 48 Business hours for files to be delivered.
With any It’s Just Peachy Designs file purchase, you retain the right to print said pattern on fabric or other material.
Digital files are strictly prohibited from being altered, re-sold, shared or traded. With purchase of files (exclusive or non-exclusive), you have the right to print. It’s Just Peachy Designs maintains full copyrights and ownership of files indefinitely. Please direct anyone interested in our files to the website or Facebook VIP Group. If you are found to be misusing files, including exclusives, your rights to print will be revoked and exclusive rights void.
When re-posting our patterns online or sharing to previews to any groups, please be sure to watermark or crop the pattern.
Files may NOT be uploaded to any POD service or Print fulfillment Service such us, but not limited to, Spoonflower, RedBubble, Zazzle, Threadless, Teepublic, Society6, Printful, Printify, Merch by Amazon, Gelato, Gooten, etc.
You are allowed to have files printed with a custom fabric or material printer. The rights to print however extend to you and only to your order. They do not transfer to the printer.
Due to the nature of these products, digital files are not returnable, refundable or exchangeable. Should you have any issues with your files, please contact us immediately so we can come to a reasonable solution.
Custom Orders and Logos:
A deposit is required on all custom orders and logos to book your spot. This deposit is Non-Refundable. The deposit will go directly towards your final balance due for your order. We will reach out to you following your deposit being paid to discuss your order. You have 5 business days to respond before your order is canceled. You have 3 days to approve your final proof and pay the balance due. If you do not approve your proof and pay the balance due within this 3 days, It’s Just Peachy Designs reserves the right to cancel your invoice and list your order for sale. Any Deposits given are non-refundable. Should you decide to purchase your order after the 3 day period, it will be for the original agreed upon price if it is still available. It’s Just Peachy Designs maintains the right to no longer accept any custom orders from any one who has previously abandoned an order.
It’s Just Peachy Designs maintains the right to refuse a custom or cancel an order for any reason at any time.
Turn Around Time:
Once a spot is booked, you will be given a start date. Standard Turn Around Time from your start date listed with the product description for a proof. Be advised, if you have multiple revisions, the turnaround time could potentially be longer. Business days do not include weekends or holidays. Turn Around Time is subject to change, but you will be notified. Please join our Facebook VIP group for the quickest and most recent updates.
Exclusive files are subject to an exclusive fee. Exclusive files will never be re-sold. We reserve the right to create other patterns that may be similar in theme or re-using objects that were used in the exclusive in a different way. No other pattern created will be identical to the exclusive pattern or close enough to cause confusion. Please let us know ahead of time if you would like to keep a pattern exclusive. If you do not confirm and pay an exclusive fee, any pattern we create is not exclusive, and can be re-sold.
Commercial Shops and Licensing:
You have the rights with purchase to have a pattern printed on a fabric or other material.
If you sell any Tangible/Physical item made from custom fabric, paper or other material with the pattern (i.e. bows, clothing, shoes, houseware, stickers etc.) an additional license is not required.
If you are a fabric or supply shop selling physical fabric or other materials with It’s Just Peachy Designs files, a commercial license IS required. Commercial Licenses are available for purchase on the website. You are required to purchase One License Per Pattern (If you purchase a package to save, you are required to purchase a license for each pattern in the package). Licenses must be purchased with the Pattern meant for commercial In the same order. Commercial licenses are not transferrable. If you are purchasing patterns for both commercial and non-commercial purposes, please purchase separately.
Commercial Buyers are welcome to shop sales for discounts on patterns, however commercial licenses are not eligible for discounts.
Under no circumstances is a digital file from our shop allowed to be commercially sold, reproduced or altered in any way and listed for sale outside of It’s Just Peachy Designs.
If you are found to be misusing any It’s Just Peachy Designs licenses or files, your commercial privileges will be revoked and your licenses or exclusives void.
You can contact us directly for licensing questions.
It’s Just Peachy Designs reserves the right to refuse anyone’s business or remove anyone from our website, social media pages, Social Media accounts and groups for any reason.
It’s Just Peachy Designs reserves the right to change the policies, terms and conditions of this shop at any time without prior notice.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Middle Island, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which It’s Just Peachy Designs’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.