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Please read these Terms of Sale ("Terms") carefully. By accessing or using the Pens.com domain or by purchasing products from us you are agreeing to the Terms.
Introduction
- These Terms govern the supply of products sold by National Pen Promotional Products Ltd ("we" or "us") ("Pens.com") to you.
- These Terms may change. Please check this page from time to time to take notice of any changes we made, as they are binding on you. We recommend that you print a copy of these terms. These terms were last updated on 1 September 2023.
- All orders placed by you on the Site are on the basis of these Terms and are subject to acceptance by us.
Information About Us and How to Contact Us
- We are National Pen Promotional Products Limited and our brand is Pens.com. We are registered in Ireland under company number 474116 and have our registered office at First Floor, Building 3, Finnbair Industrial Estate, Dundalk, Co. Louth, A91 XR61. Our VAT registration number is 9726444O.
Liability
- We use reasonable care and skill to provide the Site. The Site is provided "as is" and we cannot and do not guarantee that Site will meet your requirements.
- To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract)";" and
- loss which arises when we are not at fault or in breach of these Terms.
- Subject to clause 3.5 we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms or otherwise at our discretion.
- Without prejudice to clause 3.3, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption";" or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms or our legal duties.
- Nothing in these Terms is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
Products and the Ordering Process
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images. We do not sell products for purchase by children and do not knowingly sell our products to individuals under the age of 18.
- All goods are subject to availability. While we endeavor to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you. We reserve the right to collect from customers the value of any amount(s) received unjustly due to errors or omissions on the Site, in other marketing materials, from products shipped in error, or otherwise.
- We are committed to delivering products of the highest quality. With our "The Perfect Print Promise," we guarantee that your order will be produced exactly as you designed it. If, by any chance, the products you receive do not match your approved version, please call us at the contact number found in the footer or in the Contact Us section of our website within 30 days of receiving the products and provide a detailed photograph showcasing either of the following issues: a) a mistake in the production process where the final product differs from the approved version, or b) an issue with the print quality.
- We will take appropriate action to rectify the problem. This may, at our option, include a discount for the affected products, or re-printing and resending the affected products at no additional cost to the customer.
- Exclusions: The Perfect Print Promise does not apply to products that have been modified after delivery, or to products that have been subjected to improper handling, storage, or use after delivery.
- Notice of claim: To make a claim under the Perfect Print Promise, you must notify us by phone to open a claim within 30 days of receipt of the product.
- Sole guarantee: The Perfect Print Promise is the sole and exclusive guarantee provided by Pens.com with respect to the quality of our products. All other warranties, express or implied, are hereby disclaimed, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of liability: Our liability under the Perfect Print Promise shall be limited to the purchase price of the product. In no event shall we be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the product.
- For any other issues with your products, if you notify us of a problem within 30 days of delivery, we may, at our option, take one of the following actions: i) Offer to make good any shortage or non-delivery; ii) Replace or repair any goods that are damaged or defective upon delivery; or iii) Cancel the order (or part of the order affected) and refund to you the amount paid for the goods in question.
- We reserve the right to cancel any order at any time including after shipment. We reserve the right to refuse any order you place with us through the Site or by any other method. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address, phone number, and/or postal address on file for you. If you place an order with us, your order will also be governed by the Order Terms and Conditions below.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You place an order for a product on the Site by pressing an order confirmation button at the end of the checkout process. This order is a binding offer with an obligation to pay, subject to acceptance by us. By confirming your order, you are agreeing to purchase the product you have selected. Following this, we will send to you an order confirmation detailing the products you have ordered. Your order is accepted when you receive an order confirmation.
- We take payment for your order either at the time of ordering, or alternatively, you can agree to pay for the product and any applicable charges within 30 days of receiving an invoice. Unfortunately, we do not sell to all countries.
- Unfortunately, we do not sell to all countries. We do not accept offers outside: Australia, Austria, Belgium, Switzerland, Germany, Denmark, Spain, Finland, France, U.K., Hungary, Ireland, Italy, Japan, Netherlands, New Zealand, Norway, The Czech Republic, Portugal, Sweden, Slovakia.
Our Products
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Price and Payment
- The price payable for your order is as set out at the time you submit your order. The price payable for the goods includes taxes at the current prevailing rate. Delivery and handling charges may be added, which you will be informed of. We will inform you of the total price payable for the goods ordered before payment is required. Occasionally, we advertise goods at a promotional price. You must quote the relevant promotion code, otherwise you may be charged the full price. Prices are subject to change without notice. Promotional offers may not be combined with any other offers.
- Depending on the monetary value of an order, we may require a deposit. Our accounting department will contact you accordingly. In the event a deposit is required, please note that your orders will not be put into production until we have received the required deposit. For orders made through the Site, payment can be made by most credit cards by completing the relevant details on the checkout page.
- When completing a purchase, where you elect to pay the full purchase price at the time of ordering, we must receive payment for the entire order and any applicable charges when you place the order, unless we have agreed otherwise in advance in writing. Alternatively, when completing a purchase where you elect to pay the full purchase price later, we must receive payment for the entire order and any applicable charges within 30 days following the date of invoicing, unless we have agreed otherwise in advance in writing.
- By using a credit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorized to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the card refuses to authorize payment, we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase. We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you. If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
- Occasionally, an error may occur, and goods may be incorrectly priced, in which case we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
- The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and expressly agreed by us.
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
- We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder, or you become unable to pay your debts when they fall due, or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
Delivery & Title
- We will aim to deliver the goods in accordance with your order usually within the stated delivery time but not more than 28 days except in exceptional circumstances after the day you place your order, unless otherwise agreed between you and us, subject always to clause 8 and 12. In addition to your rights under clause 8 and 12, in the unlikely event that we do not make the goods available to you within 28 days of placing your order or within the agreed time you will have the option of cancelling your order by notifying us accordingly prior to shipments. Further information about delivery of our goods can be found at [Faq].
- Before placing your order, please refer to the delivery options set out on our site to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, or as otherwise agreed between you and Us, you must notify us immediately.
- You must do all that you reasonably can to enable delivery to take place at the given time and place. If delivery fails as a result of circumstances within your reasonable control, the courier will leave a notice of attempted delivery indicating the steps to follow to organise a new delivery date. If we are unable to arrange a date for re-delivery the sum payable under your order shall remain due and owing.
- Without prejudice to clause 7.3, all goods purchased are F.O.B. at our or our service provider’s premises i.e. ownership in the goods passes to you at the time of delivery by us or on our behalf to a common carrier.
Availability
- All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
Cancellation
- One Full Year Guarantee! You can shop with 100% confidence. If your order isn’t produced exactly to your specifications, you may return the unused portion and we’ll replace it or give you a refund. Simply contact Customer Service to arrange to return the unused portion, anytime within one year, for a prompt and courteous refund. Our tried and true guarantee is that you never risk a penny with National Pen!.
Termination
- We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
Faulty Goods
- In the event that products delivered are defective or incorrect, please contact us by using the Contact Us section of the Site and we will arrange to collect the products from you at our cost.
- Without prejudice to your right to cancel orders generally under clause 9, if you have notified us of a problem with the goods within 30 days of delivery, we may at our option either offer to make good any shortage or non-delivery";" replace or repair any goods that are damaged or defective upon delivery";" or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
- The provisions of clauses 9 and 11 of these Terms do not affect your legal rights if you are a consumer.
Events Beyond Our Control
- We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder, or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
General
- If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- We are required by law to inform you that purchases can be concluded in the language of your native country or in English as otherwise agreed.
Law
- If you are a consumer, please note that these Terms are governed by Irish law. This means a contract for the purchase of products through our Site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.
- If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
- If you are a business, we both irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
Contact
- If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please see the Contact Us section of the Site or please use the contact details set out on your order confirmation.