The Pen Shop Policies and Conditions of Use
Updated 28th February 2017
Welcome to The Pen Shop's Online Shop at www.penshop.co.uk (the 'Site'). This Site and its supporting operation is managed by the Pen Shop Limited (registered U.K. number 381203). Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.
In these policies, the following definitions apply:
"The Pen Shop" (also referred to as ‘we' and ‘us') means The Pen Shop Limited trading as The Pen Shop and any other connected organisation that supplies the goods to you and any successor to its business, registered in England & Wales No. 381203 whose registered office is at Allan House, 5 Bamburgh Court, First Avenue, Team Valley, Gateshead, Tyne & Wear NE11 0TX, United Kingdom.
“Site” means The Pen Shop's online shopping website at www.penshop.co.uk.
"Shop" means The Pen Shop's Online Shop for online ordering of merchandise located at www.penshop.co.uk.
"We and Us" means The Pen Shop Limited trading as The Pen Shop either alone or together with you, as the context requires;
"Working day", means every day of the year except weekends, and English statutory public holidays;
"You" means the person ordering the goods subject to these terms and conditions;
Our details: The Pen Shop Limited trading as The Pen Shop Allan House 5 Bamburgh Court First Avenue Team Valley Gateshead Tyne & Wear NE11 0TX
Registered in England under no. 381203
VAT registration no GB 927 5650 02
To contact us by telephone, please ring 0191 487 0099 or by email at firstname.lastname@example.org.
Lines are open between 9am - 5pm on weekdays (Excluding Bank Holidays).
Terms and conditions applying to items purchased before the above date can be obtained by emailing email@example.com
These are the general terms and conditions of The Pen Shop governing your use of the Site.
1. What you are allowed to do
1.1 Purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and The Pen Shop for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;
1.2 Browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;
1.3 Print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under "What you are not allowed to do".
2. What you are not allowed to do
2.1 You may not remove or change anything on the Shop;
2.2 You are not allowed to copy or use any material from the Shop for any commercial purpose;
2.3 You are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.
3. Your personal information
4. Usernames and Passwords
4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;
4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify The Pen Shop of such failure or error.
5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trade marks and logos) contained in the Site is either owned by The Pen Shop or has been licensed to The Pen Shop by the rights owner(s) so that The Pen Shop can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.
6. Third party websites
6.1 This Shop also contains links to other third party websites, which are not under the control of and are not maintained by The Pen Shop. Any such links do not constitute an endorsement by The Pen Shop of any products or services available on such sites. The Pen Shop provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
7. Suspension and termination of accounts
7.1 The Pen Shop may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;
8. Enquiries or complaints
8.1 If you have any enquiries or complaints about the Site then please address them to:
The Pen Shop Allan House 5 Bamburgh Court First Avenue Team Valley Gateshead Tyne & Wear NE11 0TX United Kingdom
9. General and governing law
9.2 This Agreement constitutes the entire agreement between The Pen Shop and you and supersedes all prior agreements, representations, statements and understandings between The Pen Shop and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
9.3 The failure of The Pen Shop to exercise or enforce any right or provision of this Agreement or the delay by The Pen Shop in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
9.4 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising there from.
II. Terms of Sale
1. The Sales Terms
Should you purchase any goods from the Shop, you will be contracting with The Pen Shop on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale ("Sales Terms") govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If The Pen Shop accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
1.2 Please note that The Pen Shop reserves the right to amend the Sales Terms from time to time. The Pen Shop will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as The Pen Shop publish them on the Shop (with the exception that any orders that The Pen Shop have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after The Pen Shop has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.
2. Availability of the goods supplied by the Shop
2.1 The Pen Shop may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. The Pen Shop may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours, with the exception of certain items marked as “unavailable to order” – for these items customers can request an email notification when they become available.
3. Buying goods from this Shop
3.1 Pricing policy - The Pen Shop may change the prices of the goods displayed on the Shop at any time. Please note that products, prices and offers in our stores may differ from those featured on the Shop. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate. The VAT inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. The Pen Shop may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Conclusion of Contract of Sale -The information relating to The Pen Shop's goods and relevant prices are displayed on the Shop for your information and to enable you to decide whether you would like to make us an offer to purchase any such goods. The Pen Shop cannot accept your order until you have paid for it in full (including any applicable delivery charges). When you place an order to purchase a product from www.penshop.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.
Payment is deducted when we process your order. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you visit one of our stores.
3.3 Method of payment - For orders placed via the Shop, The Pen Shop accepts Visa, MasterCard, American Express, bank Maestro cards and PayPal. When making your payment, it is imperative that you provide the information that The Pen Shop specify is required, for example, cardholder's name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when The Pen Shop confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until The Pen Shop has received payment in full.
Your purchase amount will be charged to your credit card account in the currency you have selected, US Dollars (USD), British Pounds (GBP), or Euros (EUR). Prices on the Site are based in British Pounds and if choose to browse prices in USD or EUR, you will see an equivalent approximate price presented in the respective currency. Once you confirm your order, your card will be charged in an amount in GBP which you will be able to preview on the Confirmation Page - this GBP amount will then be converted by your bank into an amount and currency normally presented on your card statement, at an exchange rate determined by your bank. This amount may be different from the USD or EUR amount indicated on the checkout page on the Site.
3.4 Delivery - Delivery charges are displayed on the Site for UK and International orders for Standard and Next Day Delivery, the latter of which is not available for deliveries outside the United Kingdom. Orders placed with our standard delivery service will be dispatched within 2-3 working days using Royal Mail Second Class Post. While most orders arrive within 48 hours we do advise delivery on these items can take up to 5 working days from dispatch. Please allow up to 20 days for international delivery, some countries could be longer. As with all foreign imports, you are liable for any taxes and duties imposed by your local taxation authority (e.g. customs duty, excise duty and/or import VAT). It is important that you check these rates before ordering. Unfortunately we cannot deliver to PO Boxes as we need a signature upon delivery.
Please note it is the customers responsibility to make sure the correct shipping address is provided on their order, The Pen Shop are not liable for orders sent out with incorrect addresses.
Our next day delivery service, when it applies to orders for delivery to UK addresses as indicated on the Shop, is available for orders placed Monday to Friday before 11.00am. Please note next day delivery applies to stock lines only and is not a guaranteed service. Orders placed with our standard delivery service will be dispatched using Royal Mail 2nd Class post to reach the customer within 3-5 working days for UK addresses. If for any reason we are unable to meet our delivery commitments, we will contact you with a revised estimated delivery date or offer you the option to cancel or select other goods.
If you order Products from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
If you have not received your goods within the above timeframe, please contact our customer services department by email at firstname.lastname@example.org. For UK orders please let us know within 28 days after dispatch if your order has not arrived. We can deliver most items worldwide although please note there are some exceptions including Malaysia, Ghana, Congo, Romania, South Sudan, Indonesia, Nigeria, Mexico, Chile, Vietnam, Russia, India and China, contact us for more information. Additional charges will apply for all international delivery. Gift wrapping is free of charge on items in stock at our warehouse that are over £75. Our engraving service is charged at a rate detailed on the Shop, £7.50 for most items. For more information on our delivery services click here .
Please note we do not send paper invoices out with our goods. To receive a VAT invoice log into your account area on the website and go to the ‘Order Information’ page you can then ‘View Order and Print Order’ which gives you the option of printing a VAT receipt as a PDF file.
3.5 Out of stocks - If any item you have chosen is unavailable, The Pen Shop will contact you via phone or your email address and set out the options that are available to you.
3.6 Return of goods policy - We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, unused and in their original condition and packaging (with your customer advice note) within 30 days of the date of receipt and we will refund your money or send you a replacement or exchange - no questions asked (This return policy does not apply to products that you have requested to be engraved / embossed, or have otherwise been made to your specific requirements). Items returned under The Pen Shop's 30 days returns policy must be unused and in their original packaging. Please note: we can only accept the return of used items if they are faulty. If you decide to return the goods within this 30 day period, you are responsible for the cost of postage and packaging necessary to facilitate the return. If your goods are different to those ordered, faulty or damaged on delivery we will exchange the product or issue a full refund to you (Including any delivery charges you have paid).
When you send your item back to us, we'll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your return. Please note that the costs for returning the item to us are unrefundable.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to issue a refund or exchange the product, and we’ll refund the delivery charges incurred in sending the item to you and we'll reimburse your costs in returning it to us.
We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order.
In order to arrange a return please telephone our order centre on 0191 487 0099 or email email@example.com to request a prepaid return label. Returned goods remain your property until they are received at our mail order centre, so we strongly advise that you use a recorded method of delivery (proof of posting) when returning goods to The Pen Shop.
Please note online orders can not be returned to one of our stores they must be returned to our warehouse through the instructions on your dispatch note.
The Pen Shop return policy is in addition to your statutory rights.
3.7 Cancellation Policy - Please note that you have a legal right to cancel your order within 7 working days of the date of receipt of the goods. The right to cancel can be exercised in writing or via email as firstname.lastname@example.org. By returning (at the customers expense), packing securely and enclosing the advice note and receipt and sending it back to The Pen Shop, Allan House, 5 Bamburgh Court, First Avenue, Team Valley, Gateshead, Tyne & Wear NE11 0TX, United Kingdom, a refund will be provided within 30 days of the date of cancellation.
If you wish to cancel your order you can also do so before it is dispatched either by telephoning us on 0191 487 0099 (lines are open 9am -5pm weekdays) or e-mailing us at email@example.com.
This right of cancellation does not apply to products that you have requested to be engraved / embossed, or have otherwise been made to your specific requirements.
3.8 Legal age - The Pen Shop does not sell products for purchase by children. If you are under 18, you may use The Pen Shop only with the involvement of a parent or guardian.
3.9 Vouchers - From time to time, vouchers may be issued for free delivery or for discounts on orders or products online. You may only use one voucher per order. Some vouchers may only be used once per customer. These vouchers may only be for use on our website and not in our stores. Vouchers may not be used on returns or exchanges. Please contact firstname.lastname@example.org if you have any questions about redeeming a voucher code.
3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
3.11 The Pen Shop Gift Voucher Terms
We currently do not accept The Pen Shop Gift Voucher on line or over the telephone.
However, they can be redeemed in any of our stores Nationwide.
1. Collection of Information
In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. Information that you have provided to us including but not limited to when you:
- Purchase products through the Website or over the phone
- Enter competitions, prize draws or promotions which we are promoting
- Sign up to marketing/newsletters including by email
- Information you provide to us when applying through the Site for registration
- If you contact us for any reason, we may keep a record of that correspondence
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them
- Information we collect using cookies stored on your device. Please see the section on cookies for more information and how to manage them.
- Your IP address
Information we request and hold includes but is not limited to the following:
- Billing and delivery postal addresses
- Phone and fax numbers
- Email addresses
- Usernames and passwords for using the Site
- Payment card details
- Browsing and shopping activities
- Your customer queries
2. Children's Information
3. How We Use The Information That We Gather
The Pen Shop use information obtained from Site users as stated in this Policy and to enhance users' experiences on the Site. Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about The Pen Shop and our products and services, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you.
We may use the personal data you provide us in the following manner:
- To provide you with the requested goods and/or services including but not limited to processing and fulfilling your order and administering promotions such as competitions and prize draws
- To monitor and improve the services and the Site
- To manage your marketing preferences
- To contact you if there is a query regarding your order
- In the event that you purchase goods on the Site, you may be sent an email requesting whether you would like to review your product
- To verify your identity
- In certain circumstances in order to process your order and to verify your identity, we may call the telephone number you have provided to perform security checks and to request that you verify certain information
- Market research purposes
- To enable us to comply with any legal or regulatory requirements
- In the detection and prevention of fraud or other crimes
- To assist with any of your customer queries
- For research, analysis, risk management, legal, accounting, administrative, testing, monitoring and for our business operation
We may also use your personal data in the following manner, unless you have not consented:
- From time to time, to inform you by post, email or other available means, of products, services, promotions and special offers from The Pen Shop
We may disclose personal data we collect to third parties in the following manner:
- To administer your account and to disclose your details to our third party service providers for the purpose of processing and fulfilment of your order
Payment Card details: We process your payment card details in order to complete your purchase that you made through the Site, and may in certain instances disclose your personal data to third party credit reference agencies to perform credit checks against you or obtain authorisation for your payment.
E-mail Marketing: You may opt out from any email marketing sent to you by The Pen Shop by using the unsubscribe links at the bottom of the marketing emails.
The Pen Shop will not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission.
If you are concerned about your data, you have the right subject to the payment of a small fee (currently £10) to request access the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge.
In our effort to provide you with services customised to your interests, we use "cookies" to assist in the collection of information.
Cookies are small encrypted text files that are stored on your computer or other device by our Site. Specifically the cookies used by our Site are described as session or transient cookies, these cookies are stored in your computer's memory only during your browsing session and are automatically deleted from your computer when the browser is closed. These cookies allow you to move from page to page whilst we keep track of the items you have added to your shopping cart. Session cookies are never written on the hard drive and they do not collect any information from your computer. Session cookies expire at the end of your browser session and can also become no longer accessible after the session has been inactive for a specified length of time. You may change your website browser settings to reject cookies. To learn more about cookies and how to disable them or opt out of their usage please visit www.aboutcookies.org. Please note, however, that some cookies are essential in order to shop on The Pen Shop Site and in the event you do reject cookies this may impair the functionality of the Site and may mean that you are unable to shop on the Site.
More information on cookies:
Some cookies are described as permanent, persistent, or stored cookies. These are cookies that are stored on your computer and are not deleted when you close your browser. Permanent cookies can store your preferences for a particular website, allowing those preferences to be used in future browsing sessions.
Permanent cookies can be used to identify you as an individual user, so they may be used by a website to analyse your browsing behaviour within the website. These cookies can also be used to provide information about the numbers of visitors, the average time spent on a particular page and generally the performance of the website. They are usually configured to keep track of users for a prolonged period of time, in some cases many years into the future. Please be aware that www.penshop.co.uk does not use permanent cookies.
Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user's movement, and gather broad demographic information for aggregate use.
Should you have any concerns follow the link below to www.aboutcookies.org, where you can learn how delete cookies from your computer. http://www.aboutcookies.org/Default.aspx?page=2
Phishing is a method used by fraudsters to deceive someone into giving sensitive information. Most of the time phishing will take the form of emails, which purport to be from well-known companies and ask recipients to send their private information. This information is then used for identity theft and fraud.
The Pen Shop will only ask you to send personal details by email if it is responding to a query you have sent it online and these details are needed to answer your query properly. In this case, there will be a unique reference number in The Pen Shop’s email to you, which refers to your original query. The Pen Shop will never ask you to send any personal details by email unless you have contacted The Pen Shop first. If you have not contacted The Pen Shop, please ignore any email claiming to be from The Pen Shop which asks for personal details, and let us know about it. Should you need to do this you can telephone 0191 487 0099 or email email@example.com
If The Pen Shop ever requires your personal information other than when you have already contacted The Pen Shop with a query, for security reasons we will ask you to give us a call.
For orders through the Shop, we work to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
The Site uses reasonable security methods to protect the personal data (e.g. contact details) that resides on our servers. However, no security system is impenetrable. The Pen Shop cannot warrant or guarantee the security of its or its partners' servers, nor can it guarantee that information that Shop Users supply will not be intercepted while being transmitted to The Pen Shop or its partners over the Internet.
When you register to purchase products on the Shop, you will be asked to provide your email and password. You must keep your passwords confidential and must not disclose it to or share it with anyone. You are responsible for all activities that occur under your login details for the Shop. If you know or suspect that someone else knows your password, notify us immediately at firstname.lastname@example.org.
8. Correction/Updating Personal Information
If you have registered to purchase from the Shop and would like to change your details, please email email@example.com. Keep in mind, however, that there will be residual information that will remain within The Pen Shop's databases, access logs, and other records, which may or may not contain such personally identifiable information.
You may also opt out of receiving our newsletters and/or promotional information from The Pen Shop and/or from third parties affiliated with The Pen Shop at any time. If you receive unwanted emails from The Pen Shop, you can opt-out by following the instructions and links on the bottom of emails from The Pen Shop.
We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of The Pen Shop.
If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves.
To the extent permitted by law, The Pen Shop accepts no liability for any loss, damage or injury arising as a consequence of any advice provided.