Terms & Conditions
These terms and conditions ("Terms") (together with the documents referred to on it) tell you the Terms on which we supply the products listed on our website ("Products") to you. You should understand that by ordering any of our Products, you agree to be bound by these. Terms to the exclusion of all other terms and conditions.
1.1 Please allow a handling time of 1 business day if your order is placed after 2pm (not including weekends). Thereafter UK delivery will be by first class post and should take no longer than 2-3 business days but please allow up to 14 days for delivery. Delivery outside the UK should be 7-21 business days but please allow up to 28 days for delivery. For bulkier items or for priority delivery we will use the courier of our choice to ensure speedy and safe despatch.
1.2 No responsibility for delays relating to matters outside of our control i.e. industrial action by postal workers or holidays or adverse weather, whether it be within or outside the UK will be taken by ourselves.
2. Cancellation of Order
2.1 Any cancellation request will only be accepted by email notice providing the order has not already been shipped.
3. Price and Payment
3.1 The price of any Products will be as quoted on our website, except in cases of obvious error.
3.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already accepted.3.4 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have sent you an Order Confirmation.
3.5 Payments are to be made by PayPal, please allow the standard PayPal clearing time for PayPal eCheques and bear this in mind in the delivery timescale.
3.6 Payments by bank transfer, please email us for required details.
3.7 All payments are required to be made within 3 days of Product purchase. If not, we have the right to advertise the same Product for sale again.
4.1 Where we are not the manufacturer of the Products, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
4.2 We warrant that (subject to the other provisions of these conditions) upon delivery and for a period of seven (7) days from the date of delivery, the Products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
4.3 We shall not be liable for a breach of the warranty in condition 4.2 unless:
4.4 We shall not be liable for a breach of the warranty in condition 4.2 if:
5. Import Duty
5.1 If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
6. Written Communications
6.1 When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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.
6.2 All notices given by you to us must be sent either via email to <firstname.lastname@example.org>
6.3 Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
7. Transfer of Rights and Obligations
7.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
7.2 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.
7.3 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.
8. Events Outside Our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
8.2 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 strikes, lock-outs or other industrial action (whether or not relating to our workforce); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, adverse weather conditions or other natural disaster or acts of God; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
8.3 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.
9. Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10. Our Right to Vary These Terms and Conditions
10.1 We have the right to revise and amend these Terms from time to time in order to, without limitation, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
10.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms are required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
11. Miscellaneous Provisions
11.1 Contracts for the purchase of Products through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
11.2 We have selected our products on the basis that they will be used for domestic and industrial use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss or use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
12.1 We accept returns within 28 days of customer receipt.
12.2 Customer will be liable for return costs.
12.3 Once returned, a tracking number and postal site link is to be provided to track parcel.
12.4 Refund to be processed on receipt of Product and original receipt or correspondence authorisation e-mail from Penguinsupplies.com.
13.1 Please do not dispose of used electrical and electronic equipment and batteries with household waste.
13.2 Information about recycling is set out in our 'Recycling Policy'.
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