These terms and conditions are the contract between you and Pens of Distinction.
By visiting or using Our Website, you agree to be bound by them.
They protect your rights as well as ours.
We are Pens of Distinction. Our address is 46 Nasmyth Road, Southfield Industrial Estate, Glenrothes. KY62SD.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £60 per hour.
2.4 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.5 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. We do not guarantee that Goods advertised on Our Website are available. Due to the nature of our business in where we attend a variety of events all over the UK, we may have run out of items which are advertised on the website. We shall work to make these products available as soon as possible. In any event, we shall inform the customer that there will be a short delay in sending the goods out.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6 We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will inform you of a small delay as we make them.
4.3.1 accept this delay
4.3.2 cancel all or part of your order.
4.3.3 Choose other products
5. Price and payment
5.1. The price payable for the Goods that you order is clearly set out on Our Website.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.
5.4 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. Any information given by us in relation to exchange rates are approximate estimates only and may vary from time to time.
5.6. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.7 The price of the Goods may not include the delivery charge which may be charged at the rates applicable at the date you place your order and in which circumstances will be displayed on a page of Our Website before we ask you to pay.
5.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 31 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3 Any products which have been specifically bespoke made for a customer only qualify for a refund where the goods are faulty. Any spelling of names etc supplied by the customer will be used as supplied. Any logos provided for engraving must either be owned by the customer or the customer has approval to use them. In certain circumstances the customer will be required to provide evidence of this permission.
7.2.4 We will return your money subject to the following conditions:
220.127.116.11 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
18.104.22.168 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.4. In any of the above scenarios, we will return your money within 14 days.
8. Liability for subsequent defects
8.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
8.2. The procedure to return the faulty Goods is as follows:
8.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
8.2.2 please follow the returns procedure which we will send to you as soon as you notify us that you wish to return them.
8.3. We will return your money subject to the following conditions:
8.3.1 we receive the Goods with labels and packaging intact.
8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4. If any defect is found, then we shall:
8.4.1 repair or replace the Goods, or
8.4.2 refund the full cost you have paid including the cost of returning the Goods.
9. Delivery and pick up
9.1. Goods are delivered within 14 days from the day you place an order to purchase the Goods.
9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.3. If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.4. All goods shall be checked on delivery Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.5. Goods are sent by post. We will send you a message by email to tell you when we have posted your order.
9.6. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.7. Some Goods may be so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.8. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9.9. We are happy for you to pick up Goods from our shop/ provided you make an appointment in advance and payment has been received into our bank.
9.10 If you pick up Goods from our premises then:
Goods are at your risk from the moment they are picked up by you from our shop.
10. Foreign taxes and duties
10.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
11. The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.