Conditions of use

BACKGROUND:

 

This agreement applies as between you, the user of this website and Pensord Digital (a trading division of Pensord Press Ltd), whom are the owners of this website.  Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the website.  Clauses 3, 4, and 13 – 15 apply only to the sale of Goods.  If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.

 

No part of this website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

 

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by users to access Paid Content and / or any communications System on the website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;

“Goods”

means any products that Pensord Digital advertises and/or makes available for sale through this website;

“Service”

means collectively any online facilities, tools, services or information that Pensord Digital makes available through the website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises”

Means our place(s) of business located at Pensord Digital, Unit 2420 Central Park, Bridgend Industrial Estate, Bridgend CF31 3TY;

“System”

means any online communications infrastructure that Pensord Digital makes available through the website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“user” / “users”

means any third party that accesses the website and is not employed by Pensord Digital and acting in the course of their employment;

“website”

means the website that you are currently using (www.pensorddigital.co.uk) and any sub-domains of this site (e.g. subdomain. www.pensorddigital.com) unless expressly excluded by their own terms and conditions;

“we/us/our”

means Pensord Digital, a trading subsidiary of Pensord Press Limiteda company registered in England under registration number 00939885, Unit 2420 Central Park, Bridgend Industrial Estate, Bridgend CF31 3TY

2. Age Restrictions

Persons under the age of 18 should use this website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business

4. International Customers

The goods and services offered by Pensord Digital are only available within the United Kingdom. All advertising is intended solely for the United Kingdom market

5. Intellectual Property

5.1               Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pensord Digital, our affiliates or other relevant third parties.  By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws

5.2               Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so

6. Third Party Intellectual Property

6.1               Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable

6.2               Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier

7. Fair use of Intellectual Property

Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply

8. Links to this website

Those wishing to place a link to this website on other sites may do so only to the home page of the site (www.pensorddigital.co.uk) without our prior written permission.  Deep linking (i.e. links to specific pages within the site) requires our express written permission.  To find out more please contact us by email at digital@pensord.co.uk or in writing to Pensord Digital, Unit 2420 Central Park, Bridgend Industrial Estate, Bridgend CF31 3TY

9. Links to Other websites

This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Pensord Digital or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them

10. Use of Communications Facilities

10.1            When using our system on the website you should do so in accordance with the following rules.  Failure to comply with these rules may result in your Account being suspended or closed:

10.1.1       You must not use obscene or vulgar language;

10.1.2       You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3       You must not submit Content that is intended to promote or incite violence;

10.1.4       It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

10.1.5       The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6       You must not impersonate other people, particularly employees and representatives of Pensord Digitalor our affiliates; and

10.1.7       You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”

10.2            You acknowledge that Pensord Digital reserves the right to monitor any and all communications made to us or using our system

10.3            You acknowledge that Pensord Digital may retain copies of any and all communications made to us or using our system

10.4            You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information

11. Accounts

11.1            In order to purchase Goods on this website and to use certain other parts of the system, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the website as we may not require Payment Information until you wish to make a purchase.  By continuing to use this website you represent and warrant that:

11.1.1       all information you submit is accurate and truthful;

11.1.2       you have permission to submit Payment Information where permission may be required; and

11.1.3       you will keep this information accurate and up-to-date

Your creation of an Account is further affirmation of your representation and warranty

11.2            It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser

11.3            If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled up until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, you must contact us immediately and notify your bank

12. Termination and Cancellation of Accounts

12.1            Either Pensord Digital or you may terminate your Account.  If we terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons

12.2            If we terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched

12.3            We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch

12.4            If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days

12.5            If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days

13. Goods, Pricing and Availability

13.1            Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for variations from such descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods and our Returns Policy

13.2            Where appropriate, you will be required to select the required specification and other features of the Goods that you are purchasing

13.3            We neither represent nor warrant that Goods will be available. Stock indications may be provided on the website however such indications may not take into account sales that have taken place during your visit to the website

13.4            All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary

13.5            In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, the price will remain unchanged for that order but will apply to any subsequent order

13.6            All prices on the website exclude VAT

13.7            Where relevant to do so, VAT will be applied at the prevailing rate at the time of purchase

14. Orders and Delivery

14.1            No part of this website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email.  Only once we have sent you an order confirmation email will there be a binding contract between Pensord Digital and you.

14.2            Order confirmations under sub-Clause 14.1 shall contain the following information:

14.2.1       Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

14.2.2       Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

14.3            Order confirmations shall also be enclosed on paper with your Goods

14.4            We reserve the right to terminate any contract if after inspecting the content of the files submitted, they are deemed to be unsuitable e.g. pornographic, promoting terrorist activity, politically motivated. Etc.

14.5            If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances.  In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days

14.6            All Goods purchased by you will be delivered within 14 calendar days of our order confirmation unless otherwise agreed

14.7            The risk in the Goods shall remain with us until they come into your physical possession

15. Returns Policy

Pensord Digital aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, Goods may need to be returned.  Returns are governed by these Terms and Condition:

15.1            If you receive Goods which do not match those that you ordered, you should contact us within 4 calendar days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon our receipt of the returned Goods and we are fully responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded

15.2            If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged.  To return the damaged Goods, please contact us within 4 calendar days to arrange collection and return.  We are fully responsible for paying shipment costs.  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon our receipt of the returned Goods.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded

15.3            If any Goods you have purchased have faults when they are delivered to you, you should contact us within 4 calendar days to arrange collection and return. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  We are fully responsible for paying shipment costs.  Replacements will be issued upon our receipt of the returned Goods.  Refunds will be issued in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded

15.4            If any Goods you have purchased develop faults within 7 calendar days of delivery, you may be entitled to a replacement but not a refund.  In order to arrange for such a replacement you should contact us within the 7 calendar day period to arrange collection and return. We will assess the Goods and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), we will issue replacement Goods at no additional cost to you

15.5            Pensord Digital will not be able to accept returns for the following types of Goods and/or taking into account the following circumstances:

15.5.1       Goods made to your specifications;

15.5.2       Goods that have been personalised;

15.5.3       Goods which are liable to deteriorate or expire rapidly;

15.5.4       Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop).  Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 15.7.3 or 15.7.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.

16. Privacy

16.1            Use of the website is also governed by our Privacy Policy. Full details on our policy can be found HERE including how we use your personal information.

16.2            We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

16.3            The website places the cookies onto your computer or device to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookiesBy accepting these Terms and Conditions, you are giving consent to Pensord Digital to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance

17. Disclaimers

17.1            We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of our services.

17.2            No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

17.3            No part of this website is intended to constitute a contractual offer capable of acceptance.

17.4            Whilst we use all reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Availability of the website

18.1            The website and any Service provided therein is provided “as is” and on an “as available” basis.  We give no warranty that the website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

18.2            we accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1            To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein.  You should be aware that you use the website and its Content at your own risk.

19.2            Nothing in these Terms and Conditions excludes or restricts Pensord Digital’s liability for death or personal injury resulting from any negligence or fraud on the part of Pensord Digital.

19.3            Nothing in these Terms and Conditions excludes or restricts Pensord Digital’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website.

19.4            In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Pensord Digital.

23. Communications

23.1            All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@pensorddigital.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24. Changes to the Service and these Terms and Conditions

We reserve the right to change the website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.  If we are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future

25. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

26. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Pensord Digital shall be governed by and construed in accordance with the Law of England and Wales and Pensord Digital and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.