Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

Your attention is drawn in particular to the provisions of clauses 5.9, 7 and 9.

1. INTERPRETATION

   1.1 Definitions: Conditions: the terms and conditions set out below, as amended from time to time.

   Contract: the contract between Pentel and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

   Customer: the person who purchases the Goods from Pentel.

   Force Majeure Event: has the meaning given in clause 10.

   Goods: the goods (or any part of them) set out in the Order.

   Order: the Customer’s order for the Goods, as set out in the Customer’s online purchase order form.

   Pentel: Pentel (Stationery) Limited registered in England and Wales with company number 00997644 and whose registered office address is at Lynton House, 7 – 12 Tavistock Square, London WC1H 9LT.

   References in these Conditions to ‘we’, ‘us’ or ‘our’ means Pentel and references to ‘you’ or ‘your’ means the Customer. References to ‘website’ mean www.pentel.co.uk

2. BASIS OF THE CONTRACT

   2.1 These Conditions apply to the Contract and all Goods ordered through this website’s online store to the exclusion of any other terms that the Customer seeks to incorporate, or which are implied by law.

   2.2 Your use of our website is subject to our Website Terms of Use and our Privacy Policy.

   2.3 Any Order placed by you for Goods advertised on this website is an offer by you to purchase the Goods selected in your Order. Your Order shall only be deemed to be accepted when we confirm acceptance of it, at which point the Contract comes into existence.

   2.4 Goods purchased by you are for your personal use. Resale is strictly prohibited.

   2.5 We will send you an acknowledgement by e-mail notifying you that we have received your Order.

   2.6 If for any reason we cannot accept your Order we will notify you by email.

   2.7 Orders received outside of our normal working hours (being 8.30am to 5.00pm on Monday to Friday) may not be acknowledged until the next working day.

   2.8 The Contract is subject to your right to change your mind (see Your Right To Change Your Mind at clause 7 below).

   2.9 We may change these Conditions from time to time without notice to you in relation to future product sales.

   2.10 You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, licence, deep-link, create derivative works from, transfer or sell any information or content obtained from this website.

3. DESCRIPTION AND PRICE OF THE GOODS

   3.1 The description and price of Goods are as shown on the website at the time you place your Order. The images of the goods on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images. Packaging may vary from that shown on images on the website.

   3.2 We try very hard to ensure that all information on the website is accurate. However occasionally errors can occur. If we discover an error in the price or description of any products you have ordered, we will tell you as soon as possible and ask you whether you wish to continue with your Order or cancel it.

   3.3 To avoid any doubt, where the Goods are unavailable and you order alternative Goods from us, or where Goods have been incorrectly priced and you subsequently order such Goods at the correct price, these Conditions shall apply.

   3.4 In addition to the price, you may be required to pay a packing and delivery charge for the Goods, details of which are displayed on our website before the point that you complete your Order.

   3.5 Prices displayed on the website include any applicable VAT.

4. PAYMENT

   4.1 Payment is transacted by our payment partner WorldPay. Payment for the Goods and delivery charges can be made by any method shown on the website at the time you place your Order. Payment will be due at the time you place your Order and time for payment shall be the essence of the Contract.4.2 Goods will not be delivered until we have received full payment for your Order in cleared funds.

   4.3 Payments shall be made by you without any deduction whatsoever.

   4.4 For the avoidance of doubt, cash on delivery orders are not accepted.

5. DELIVERY

   5.1 Delivery is only available to addresses within the UK.

   5.2 When we have confirmed acceptance of your Order, our intelligent system starts working to ensure prompt packing and delivery of the Goods. We will aim to dispatch Goods for delivery within 5 – 7 days of accepting your Order. Time for delivery shall not be the essence of the Contract.

   5.3 The Goods you order will be delivered to the address you give when you place your Order.

   5.4 It is your responsibility to check that the address details your enter on your Order are correct. If you notice that the address you have confirmed for delivery is incorrect on any acknowledgement or acceptance we provide, you must notify us without delay. We reserve the right to make additional charges for extra costs arising from changes you make to the delivery address after you submit an Order.

   5.5 UK orders are subject to a minimum order value of £7.50. Orders with a value of up to £19.99 will be sent by Royal Mail standard 1st class post. Orders with a value of £20.00 or more will be sent by Royal Mail signed-for post. Delivery is free in the UK.

   5.6 If delivery cannot be made for reasons beyond our control Royal Mail will inform you as soon as possible.

   5.7 If you fail to take delivery because you have cancelled your contract under clause 7, we will refund you within 14 days for any sum that has been paid by you or debited from your payment method for the Goods. You are required to return the Goods to Pentel. If you fail to return the Goods we reserve the right to deduct any direct costs incurred by us in retrieving them.

   5.8 Every effort will be made to deliver the Goods as soon as possible after your Order has been accepted by us. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In these circumstances, we will inform you of any delay as soon as possible (and no later than 14 days after acceptance of your Order) and will give you the option of cancelling your Order at this point.

6. RISK/TITLE

   6.1 The Goods are at your risk from the time of delivery.

   6.2 Ownership of the Goods shall not pass to you until we have received in full all sums due to it in respect of the Goods.

7. YOUR RIGHT TO CHANGE YOUR MIND

   7.1 Provided you are an individual consumer, who orders Goods for a purpose that can neither be attributed to any commercial activity nor to any independent professional activity, you have the right to cancel the Contract at any time up to 14 days after you receive the Goods (see below).7.2 Your right as a consumer to change your mind does not apply in some circumstances including in relation to perishable goods, custom-made products, computer software which has been unsealed or installed by you, audio or video recordings which have been unsealed or where we have agreed to provide a service to you immediately.

   7.3 The cancellation period shall begin when the Goods have been delivered to you.

   7.4 To exercise your right of cancellation, you must give us notice, giving details of the Goods ordered and (where appropriate) the delivery address.

   7.5 The notice of cancellation shall be sent to us at Pentel (Stationery) Limited, Hunts Rise, South Marston Park, Swindon, Wiltshire SN3 4TW or by email to webshop@pentel.co.uk

   7.6 If you cancel an Order within the cancellation period and have not already received the Goods we will refund you within 14 days for any sum that has been paid by you or debited from your payment method for the Goods. We will refund you on the credit or debit card used by you to pay for your Order.

   7.7 If you cancel an Order within the cancellation period but have already received the Goods you must return the Goods to us as soon as possible and in any event, within 20 days of delivery. The details of where to return the Goods will be set out in the returns documents. You are responsible for the cost of returning the Goods using a suitable tracked and insured delivery method.

   If we do not receive the Goods back from you, we may arrange for their collection from your delivery address at your cost. We will refund you within 14 days of receiving the returned/cancelled Order for any sum that has been paid by you or debited from your payment method for the Goods.

8. WARRANTY

   8.1 All Goods supplied through our website are warranted free from defects. This warranty does not affect your statutory rights as a consumer. If the Goods develop a defect during the warranty period, you should follow the Pentel returns procedure (see clause 12 below). In the event of a valid claim for a defect in the Goods, where clauses 8.3 or 8.4 do not apply, we will at our option either (a) replace the Goods, if we have the Goods available at the same price, (b) repair the Goods or (c) refund you with the sum you have paid for the relevant Goods within 5 days of the date that the relevant Goods are returned in accordance with our returns procedure.8.2 The warranty in clause 8.1 above does not apply to any defect in the Goods arising from wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s instructions (where supplied), or any alteration or repair carried out without our prior written approval.

   8.3 If the Goods supplied to you are damaged in transit, you should notify us in writing or via e-mail as soon as possible and return the Goods to us in accordance with our returns procedure. Once we have verified the fault, we will issue you with (at our discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.

   8.4 If the Goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us as soon as possible and return the Goods to us in accordance with our returns procedure. Once we have verified the fault, we will issue you (at your option) with a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.

   8.5 All specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the website or made available are intended to represent no more than a general illustration of the Goods and do not constitute a warranty or representation by us that the Goods will confirm with the same.

9. LIMITATION OF LIABILITY

   9.1 Subject to 9.2 below, we shall not be liable to you for any loss or damage in circumstances where (a) there is no breach of a legal duty owed to you by us, (b) such loss or damage is not a reasonably foreseeable result of any such breach or (c) any increase in loss or damage results from breach by you of any term of this Contract.9.2 Nothing in these Conditions excludes or limits our liability for (a) death or personal injury caused by negligence, or the negligence of our employees, agents or subcontractors or (b) fraud or fraudulent misrepresentation.

   9.3 You must observe and comply with all applicable regulations and legislation. We make no representations and accept no liability in respect of your use of the Goods.

   9.4 We shall not be liable for any loss of profit or any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Goods (including any delay in delivery) or their use by you. Other than as set out in clause 9.2, our total liability to you will be limited to the total sums paid by you under such Contract.

   9.5 Nothing in these Conditions shall or be construed as limiting or excluding our liability to you where laws applicable in your territory cannot be excluded or limited by contract.

10. FORCE MAJEURE
    Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.  A Force Majeure Event means any event beyond a party’s reasonable control which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial dispute (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11. DATA PROTECTION AND PRIVACY

    11.1 We will take all reasonable precautions to keep the details of your Order and payment secure.11.2 Any personal information, which you supply to us, will be kept secure and processed in accordance with our Privacy Policy. We will use your data to fulfil your Order and provide customer service.

    11.3 Our website uses cookies to provide the best possible online experience as you browse our site. Please refer to our cookie statement on our website for further details.

12. RETURNS

    12.1 When returning Goods you are under a duty to take reasonable care to ensure that we receive the Goods and that they are not damaged in transit. For your protection, when you are returning Goods, we recommend you use a recorded delivery service.

    12.2 Please note that you will be responsible for the costs of returning Goods to us unless they are defective.

    12.3 If the Goods you receive (a) have been sent to you incorrectly due to our error, (b) are damaged, (c) do not confirm to its description, (d) are not fit for purpose or (e) are not of satisfactory quality, it is considered defective. Please note that damage caused to the Goods once they are in your possession does not make them defective and is beyond our responsibility.

    12.4 If the Goods are defective please contact us by telephone on + 44 (0) 1793 823333 or by email to webshop@pentel.co.uk

    12.5 Defective Goods should be returned to us as soon as possible, and in any event, within 20 days of delivery.

    12.6 In particular, please note that any Goods returned to Pentel which you claim to be faulty or incomplete are checked and verified by us. Any returned Goods that are found not to be faulty or incomplete will be sent back to you and we may charge you for the return carriage costs via your original payment method. In the event that your credit or debit card has expired or is declined we will hold the Goods until full payment has been made for the return carriage.

    12.7 Any Goods that you return to us are at your own risk. We therefore strongly advise you to take reasonable care when returning Goods to us, for example, by ensuring the Goods are correctly addressed, adequately packaged and carried by a reputable carrier.

13. GOVERNING LAWS

    These Conditions and the Contract will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising.

    By clicking on the Order confirmation button, you will be agreeing to these Conditions. If you refuse to accept these terms you will not be able to order any products from our website.

    You should print a copy of these Conditions or save them to your computer for future reference.