Terms and Conditions
The following are the terms and conditions which govern any contract of sale by promotional-pens.co.uk and purchase of products from promotional-pens.co.uk. Please read these very carefully – by placing an order with promotional-pens.co.uk you agree to be bound by these terms and conditions.
By placing an order from promotional-pens.co.uk you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are resident in the United Kingdom; and
- you are accessing promotional-pens.co.uk from the United Kingdom.
All prices shown on and quoted by promotional-pens.co.uk are correct at time of release but are subject to change without notice.
Unless otherwise stated unit prices shown on and quoted by promotional-pens.co.uk do not include the cost of screens, blocks or plates required for each colour or position, or set up charges for digital, dye-sublimation or other branding methods, and will therefore incur additional costs.
Unit prices shown on and quoted by promotional-pens.co.uk exclude carriage and VAT.
Unless otherwise specified printing colour, size and position will be at the discretion of promotional-pens.co.uk (even on repeat orders). Where Pantone colour matches are requested, a 100% match cannot be guaranteed. Exact colour matching is not possible to achieve on non-white products as the printing inks are not completely opaque and the colour will be dependant on the substrate. Commercially acceptable colour matches are however possible on white products. Due to the variety of materials and the imprinting processes utilised by promotional-pens.co.uk and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the client. promotional-pens.co.uk will endeavour to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
We reserve the right to use product illustrations of photographs or any branded merchandise sold, on our web site or in brochures/catalogues, unless otherwise instructed in writing.
There is a charge for printed proofs but paper proofs will be provided free of charge.
The customer shall be responsible for the suitability of goods in every way for the purpose for which they are intended.
Please check all goods thoroughly before distributing or using them. In the event that promotional-pens.co.uk supply incorrect or faulty goods, replacement goods will only be supplied or credit will only be given if the entire consignment is returned but please contact us first as goods are only returnable with our expressed agreement and will not be accepted back without prior arrangement. The customer must notify us within five working days from delivery of any matter they may allege that the goods are not in accordance with the order confirmation. If the customer fails to give such notice it shall conclusively be determined that the goods are in accordance with the order confirmation and that the customer has accepted them. In any event, liability applies to replacement cost and we do not under any circumstances entertain claims for consequential loss.
Payment shall be via BACS/CHAPS/Card/Cheque at time of ordering except for pre-approved credit accounts. All first orders from a new customer are payable with order and only thereafter may customers be subject to 30 days credit (from date of invoice) providing suitable credit references are available from the customer.
It is not possible to cancel an order once the order confirmation has been agreed and work has begun; full payment will still be due by the customer should this arise.
Printed goods may be subject to 5% over or under run and will be charged pro rata.
Samples are available for most products. Cheaper items like plastic pens, plastic keyrings, paper products etc. may be free of charge, but some samples will be chargeable. The customer will be notified of any charges by promotional-pens.co.uk before any chargeable samples are sent and the sample cost can be redeemed against an order.
Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
Lead times will be deemed to commence at the date and time that promotional-pens.co.uk receive in writing, "signed off" approval of the artwork that promotional-pens.co.uk supplied to the client.
No printing will take place until promotional-pens.co.uk has received this "signed off" approval of the artwork. In order to sign off your artwork we will send you an artwork approval form via email illustrating how your artwork will look on your chosen product. This must be checked thoroughly and signed off. You must notify us of any discrepancy in the artwork or order as we DO NOT accept any liability of any post-completion errors or omissions.
Whilst every effort is made to ensure the accuracy of the prices maintained on the promotional-pens.co.uk web site, we expressly reserve the right to change the price having regard to any increase in our suppliers' prices, the imposition of new taxes or duties, or if due to an error or omission the price published for the products on promotional-pens.co.uk is wrong. We will normally notify you of any increase in the total amount payable by you and will give you an opportunity to cancel the order.
Applicable laws require that some of the information or communications we send to you should be in writing. When using promotional-pens.co.uk, you accept that communication with us will be mainly electronic, i.e. by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We shall have no liability to you for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any event or circumstances beyond our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.