Terms of Sale - awesomepens.co.uk

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, awesomepens.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. This website sells to consumers only not business, and these Terms of Sale do not apply to customers purchasing Goods in the course of business.

This Terms and Conditions apply to this website i.e. awesomepens.co.uk only.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”: means a contract for the purchase and sale of Goods;
“Goods”: means the goods sold by Us through Our Site;
“Order”: means your order for Goods;
“Order Confirmation”: means our acceptance and confirmation of your Order;
“Order Number”: means the reference number for your Order; and
“We/Us/Our”: means awesomepens.co.uk and the company who owns it.

Access to and Use of Our Site

It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

Goods, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
- Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
- Due to the nature of the Goods sold through Our Site, there may be slight variance in the size, capacity, dimensions, measurements, weight, of those Goods between the actual Goods and the description.
Where appropriate, you may be required to select the required size, model, colour, number, etc of the Goods that you are purchasing.
We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications may not be 100% accurate at all time due to various reasons such as time delay when updating stock information.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site include VAT where applicable. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
For other international orders, the order may subject to additional import duties and fees charged with you recieve your order.
For EU norway and switzerland orders, after Brexit , VAT will not be charged at our side, but may be charged at the destination countries.

Orders – How Contracts Are Formed

Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, we will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it.
We reserve the right to cancel your order at any time. In the unlikely event that we cannot accept or fulfil your Order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
Any refunds due will be made using the same payment method that you used when ordering the Goods.

Delivery, Risk and Ownership

All Goods purchased through Our Site will normally be delivered within up to 10 woking days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control).
If We are unable to deliver the Goods on the delivery date, the following will apply:
- If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, the shipping company such as RoyalMail will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
- If you do not collect the Goods or rearrange delivery within the time specified by the shipping company, the Goods will may be returned to Us. If we received the returned Goods, We will treat the Contract as cancelled and recover the Goods. If this happens, normally We will not re-deliver the Goods, instead, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods. Should still wish to proceed the Order, you will have to raise a fresh new Order to us.
- If the Goods is returned to us without even reaching you, we will not be automatically rearrange the delivery. In such unlikely event, the most possible cause is the incorrect delivery address or contract information provided by you when you submitted the Order. Therefore, We will not take any actions until we got further update or confirmation from you regarding the delivery address and contact information. We reserve the right to either cancel your order and end the contract with you, and refund you with the purchase price of the Goods themselves, but not the cost of delivery, if We believe that your delivery address is the cause of the issue and another delivery will highly possible result in the Goods being returned to us again. Or we will re-deliver the Goods to you after to updated or confirmed your delivery and contact information. In such case, we reserve the right to bill you for any reasonable additional cost that we incur in re-delivering the Goods to you.
In the unlikely event that We fail to deliver the Goods within 10 working days of Our Order Confirmation (or as otherwise agreed or specified), if any of the following apply you may treat the Contract as being at an end immediately:
- We have refused to deliver your Goods; or
- In light of all relevant circumstances, delivery within that time period was essential; or
- You told Us when ordering the Goods that delivery within that time period was essential.
- If We are unable to deliver the Goods on the delivery date, the following will apply:
You may cancel all or part of your Order provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

Faulty, Damaged or Incorrect Goods

By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. Your available remedies will be as follows:
- Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
- If, after a replacement, the Goods still do not conform, you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause merely because you have changed your mind.
To return Goods to Us for any reason under this Clause, please complete a returns form send back to Us with the pre-paid returns label we provided. We will be fully responsible for the costs of returning Goods under this Clause.
Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued under this Clause will include all delivery costs paid by you when the Goods were originally purchased.

Cancelling and Returning Goods if You Change Your Mind

If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. he cooling off period expires 14 days after the day you received your goods. If the cooling off period expires on a non-working day, your deadline is extended till the next working day.
In addition, We offer a further Goodwill Guarantee which extends the legal cooling-off period within which you may change your mind, cancel, and return the Goods as detailed below.
- Our Goodwill Guarantee extends this period to a total of 30 calendar days.
If you wish to exercise your right to cancel under this Clause, you must inform Us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee). Cancellation by our online contact form, email or by post is effective from the date on which you send Us your message. In each case, providing Us with your name, address, email address, telephone number, and Order Number.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel under this Clause in the following circumstances:
- If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
- If the Goods have been personalised or custom-made for you;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause.
Unless the item is damaged, faulty or has defects, items returned under this clause must be returned unused with the original packaging and in a resellable condition. Failing to comply with this requirement may result in delaying the refund process. We also reserve the right to refuse the refund or deduct reasonable amount from the refund to cover the cost should the item had been used and no longer in a perfect sellable condition as we had originally shipped to you.
You may return Goods to Us by post or another suitable delivery service of your choice to our returns address which can be found on the invoice. Please visit the Returns page on Our Site to complete a Returns form. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause unless you are eligible for Good Will Hassle Free Return Guarantee which stated below. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
For UK customers who spend over £40 for one single Order, they will be eligible for our Free delivery offer as well as Good Will Hassle Free Return Guarantee, which is that we will for each Order offer the customer one chance of free exchange and one chance of free return (which means we will pay for the delivery cost of both the return and re-delivery). A pre-paid post label and Return & Exchange Form will be provided along with the Goods when we delivery the Order for the first time. The customers then have a choice of either exchange the whole or part of the Order with the pre-paid post label we provide, if they were not satisfied with the Goods or simply changed their mind. If the customer find the exchanged Goods are still not satisfactory, the only choice they have then is to return the whole or part of the Order to us with the second pre-paid label and Return Form we provided. We will then issue a full or partial refund to you accordingly. We cannot provide more than one chance of free exchange. If after the first exchange you still want to purchase the Goods, you will need to return the Goods and proceed with a refund request, and then put a new Order to us. For more information about our Good Will Hassle Free Return Guarantee and Anti-abuse Policy, please visit our Returns page.
Refunds under this Clause will be issued to you within 14 calendar days of the following:
- The day on which We receive the Goods back; or
- The day on which you inform Us (supplying evidence) that you have sent the Goods back, if this is earlier than the day We receive the Goods back); or
- If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Refunds under this Clause may be subject to deductions in the following circumstances:
- Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
- Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause.
Refunds under this Clause will be made using the same payment method that you used when ordering the Goods.

Our Liability to Consumers

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 14 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
- If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a Contact Form on Our Site. Please provide Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

Communication and Contact Details

If you wish to contact Us, you can easily reach us by using the relent option of our online Contact form and other contact information published on our contact information web page. You may also take advantage of our online chat widget available on the home page of Our Site during our working hours.

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact us using “Compliant” option Our online Contact form, following the instructions included with the form.

How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Notice.

Other Important Terms

We may transfer (assign) Our obligations and
rights under these Terms of Sale (and under the Contract, as applicable) to a
third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in
writing. Your rights under these Terms
of Sale will not be affected and Our obligations under these Terms of Sale will
be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations
and rights under these Terms of Sale (and under the Contract, as applicable)
without Our express written permission.
We may not permit the assignment if you did not gain such permission
from us first.
The Contract is between you and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled
to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale
are found to be unlawful, invalid or otherwise unenforceable by any court or
other authority, that / those provision(s) shall be deemed severed from the remainder
of these Terms of Sale. The remainder of
these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of
Our rights under these Terms of Sale means that We have waived that right, and
no waiver by Us of a breach of any provision of these Terms of Sale means that
We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to
time in response to changes in relevant laws and other regulatory
requirements. If We change these Terms
of Sale as they relate to your Order, We will give you reasonable advance
notice of the changes and provide details of how to cancel if you are not happy
with them. If you do opt to cancel, you
must return any affected Goods you have already received and we will arrange
for a full refund (including delivery charges) which will be paid within 14 days
of your cancellation, or the receipt of the returned Goods or the evidence showing
you had returned the goods, whichever comes later.

Law and Jurisdiction

These Terms and Conditions, and the relationship
between you and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with the law of England & Wales.
Any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, or the relationship
between you and Us (whether contractual or otherwise) shall be subject to the
jurisdiction of the courts of England.