TERMS & CONDITIONS
By placing an order and purchasing goods from www.paganpens.co.uk you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the standard terms and condition of sale for “Pagan Pens” which is the trading name of David Lewis, 8 Boyneswood Close Medstead, Alton, Hants, UK.
Basis of the sale
1.1 We shall sell to you and you shall purchase only those Goods which you have set out in an Order and which has been accepted by us. We reserve the right to reject any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you.
1.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
1.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
1.4 Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
1.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
2. Orders
2.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
2.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your payment via Paypal is authorised for the transaction.
2.3 Pagan Pens are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
2.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
2.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
2.6 We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where any particular Good is unavailable to substitute for the Goods ordered other Goods which are substantially similar in nature and price.
3. Price of the goods
3.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
3.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
3.3 In addition to the price of the Goods you will be liable to pay our charges for transport, packaging and insurance as shown on the Order Form.
3.4 The total price is inclusive of any applicable value added tax.
4. Terms of payment
4.1 Upon providing us with details of the Payment Card/Paypal Account and submitting the Order you:
4.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card/Paypal Account; and
4.1.2 authorise us to deduct from the Payment Card account/Paypal Account the full price of the Goods and all other payments which may become due to us under the Contract.
4.2 The deduction of monies from your Payment Card/Paypal Acount does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject you order we will credit your Payment Card/Paypal Account with the amount deducted.
4.3 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
4.4 Where Goods are returned by you in accordance with your rights under the provisions of Clause 8, we shall credit the Payment Card/Paypal Acount with the appropriate amount.
4.5 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
5. Delivery
5.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
5.2 Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to inform you of this change.
5.3 The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
5.4 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
5.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.
6. Risk and property
6.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we or our carrier has tendered delivery of the Goods.
6.2 Subject to the provisions of clause 8 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. [Goods supplied to you are not for resale.]
7. Warranties and liability
7.1 Your statutory rights are not affected by these Conditions.
7.2 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.3 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
7.4 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of revenue or profits; loss of anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence), which arise out of or in connection with the supply of the goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
7.5 Subject to our obligations and your rights under the regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control.
7.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
8. Right of Withdrawal
8.1 Subject to the provisions of clause 8.3 you shall have a period of 28 days after the date on which you have received the Goods to withdraw from the Contract and to return the Goods to us. Subject to the provisions of Clause 8.4, you shall be responsible for payment of the direct costs in returning the Goods to us and we shall be entitled to deduct from any refund of the price for the Goods an amount equal to such delivery costs as are paid by us on your behalf.
8.2 The right to withdraw from the Contract does not affect any of your statutory rights.
8.3 The right to withdraw from the Contract does not apply in respect of any audio or video recordings or computer software which have been opened by the Customer.
8.4 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 1 , your right of withdrawal is as set out as above except that the cost of returning the Goods shall be borne by us.
9. Communications
9.1 Any communication sent electronically by e-mail or otherwise:
9.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
9.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
9.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
9.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10. General
10.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
10.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
10.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
10.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
Delivery
Payment
Orders will be processed and dispatched once we have received payment for the item(s). Please note that our website is set up for payment through Paypal. If you are not able to use or do not wish to use Paypal, you will need to email us to complete your order. We can then send you a standard invoice, and you can arrange payment through a direct bank transfer or by sending us a cheque.
Orders
As all pens are made to order, online orders will normally be dispatched within 28 working days, unless otherwise indicated on our website or advised via email. During busy periods (e.g. Christmas) there may be slightly longer processing times, so please place your order as early as possible. If for any reason there is an unexpected delay with your order, we will let you know by email.
Deliveries
Deliveries within the UK are made using Royal Mail recorded delivery standard parcel. Delivery times stated by Royal Mail are 3 working days. Deliveries outside the UK are made using Airmail and delivery times will vary depending on the destination. While we make every effort to ensure the prompt and safe delivery of your order, we are unable to accept responsibility for delivery delays caused by Royal Mail and Airmail services which are beyond our control.
Please remember that if you are buying from outside the UK, you may be liable to pay import customs charges when your purchase arrives in your country. Pagan Pens is not liable for these charges and is not able to provide individualised advice on customs issues outside the UK. If in doubt, please check with your local customs office before placing your order.
If you have any other queries about delivery options, please contact us before placing your order.
Returns
We work hard to create and deliver products that match your expectations. If for any reason you are not entirely satisfied with your purchase, please email info@paganpens.co.uk within 28 days of receiving your item and tell us why you are not happy with it. Let us know if you would like a replacement item, or a refund. We will email you a returns form to print out, fill in and attach to the item when you send it back to us. Please note that we are not able to pay the return postage costs. In certain circumstances due to availability of the correct timber, an alternative item may not be available and in these cases a refund will be provided.
We will prepare and send a replacement item, or process your refund (minus the original delivery charge), once we have received the returned item. Please obtain ‘proof of postage’ from the Post Office, or use a recorded/signed-for delivery option when returning items. If your returned item is lost in the post and there is no such proof of postage, we may be unable to process your replacement/refund.
Please do contact us before you return any item, so that we can work out the best course of action.
Distance selling cancellation policy
You have the statutory right to cancel your purchase for any reason within 7 working days from the day after you receive the goods. You must return the goods to us at your expense.
Privacy policy
Payments for orders placed on our website are made through PayPal. You can find information about PayPal’s security for buyers here.
Pagan Pens does not disclose buyers' information to third parties.
The information we collect when you register and/or make a purchase may be used to send you information by email about new products. We will not send random marketing emails to personal email addresses (spam). If at any point you wish to be removed from our database please contact us.
We never sell or share email addresses with third parties.
This website uses etracker technology (www.etracker.de) by which anonymous data is collected and saved for marketing and optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data. The collection and storage of data may be refused at any time, with effect for the future.
You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies, but you will not then be able to place orders or benefit from the other features that use cookies.
