1 THESE TERMS
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply products listed on our websites at 123-pen.com to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Spolem Limited, a company registered in England and Wales. Our company registration number is 05734881 and our registered office is at Unit 3 Downing Park, Station Road, Swaffham Bulbeck, Cambridgeshire, CB25 0NW.
2.2 Customers can contact us by telephoning (+44) 01223 240088 (standard charges apply) or by emailing us at [email protected]
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 After placing an order, you will receive an email from us to acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we email you to confirm your order has been dispatched, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is primarily intended for the promotion of our products in Europe. However, we may accept orders from and deliver to addresses outside Europe.
4 YOUR STATUS
4.1 By placing an order through our site, you warrant that:
4.1.1 you are legally capable of entering into binding contracts;
4.1.2 you are at least 16 years old;
4.1.3 you are purchasing Products for private and domestic use and not for resale in the course of a business.
5 OUR STATUS
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot given any undertaking that products you purchase from companies to whose website we have provided a link to our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6 OUR PRODUCTS
6.1 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.
6.2 The packaging of the product may vary from that shown on images on our website.
6.3 Certain products are made available on a subscription basis. Once your subscription has started you will be charged at the indicated interval for each issue of your subscription product. You can end your subscription at any time by accessing the “My Account” area of the website and finding the relevant options, or by contacting our customer service team at the phone numbers or email addresses listed above.
7 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8 OUR RIGHTS TO MAKE CHANGES
8.1 We may change the product:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
8.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
8.2 In the event that we are unable to fulfil any items from our clearance section a refund will be issued but no notification email will be sent.
8.3 In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
9 PROVIDING THE PRODUCTS
9.1 The costs of delivery will be as displayed to you on our website.
9.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract. If no delivery date is specified, we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
9.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery in accordance with their terms.
9.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
9.6 You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
9.6.1 we have refused to deliver the products;
9.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
9.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
9.8 If you do choose to treat the contract as at an end for late delivery under clause 9.6 or clause 9.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01223 240088 or email us at [email protected] for a return label or to arrange collection.
9.9 The product will be your responsibility from the time we deliver the product to the address you gave us.
9.10 You own a product which is goods once we have received payment in full.
9.11 We may need certain information from you so that we can supply the products to you, for example, your selected options, personal details and bank details. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.12 We may have to suspend the supply of a product to:
9.12.1 deal with technical problems or make minor technical changes;
9.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
9.12.3 make changes to the product as requested by you or notified by us to you (see clause 8).
9.13 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
10 YOUR RIGHTS TO END THE CONTRACT
10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.1.1 if what you have bought is faulty or wrongly described you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 13;
10.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 if you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
10.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.
10.2 If you are ending a contract for a reason set out at clauses 10.2.1 to 10.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8.2);
10.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong.
10.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 You do not have a right to change your mind in respect of:
10.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
10.4.2 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
10.4.3 any products which become mixed inseparably with other items after their delivery.
10.5 How long you have depends on what you have ordered and how it is delivered.
10.5.1 If so, you have 14 days after the day we email you to confirm we accept your order.
10.5.2 if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
10.6 If you do not have any other rights to end the contract (see clause 10.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
11 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 To end the contract with us, please let us know by calling customer services on 01223 240088 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us. Please call customer services on 01223 240088 or email us at [email protected] for a return stamped addressed envelope or to arrange collection by courier. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 We will pay the costs of return:
11.3.1 if the products are faulty or wrongly described;
11.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.5 If you are exercising your right to change your mind:
11.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
11.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.
11.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12 OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract for a product at any time by writing to you if:
12.1.1 you do not make any payment to us immediately;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
12.2 If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13 IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01223 240088 or write to us at [email protected] or Unit 3 Downing Park, Station Road, Swaffham Bulbeck, Cambridgeshire, CB25 0NW.
13.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back
13.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01223 240088 or email us at [email protected] for a return label or to arrange collection.
14 PRICE AND PAYMENT
14.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3for what happens if we discover an error in the price of the product you order.
14.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 We accept payment with Paypal, MasterCard, Visa, Maestro, American Express via Paypal. When you must pay depends on what product you are buying: You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. If you pay by cheque, products will not be allocated until clearance of the payment.
14.5 If you think an invoice is wrong please contact us promptly to let us know.
15 IMPORT DUTY
15.1 If you order products from our site 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 the local customs office in the jurisdiction within which delivery is to take place for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined and it is your responsibility to make yourself aware of such laws and regulations. We will not be liable for any breach by you of any such laws.
16 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17 HOW WE MAY USE YOUR PERSONAL INFORMATION
18 OTHER IMPORTANT TERMS
18.1 All notices given by you to us must be addressed to Spolem Limited and in the UK must be delivered to Unit 3 Downing Park, Station Road, Swaffham Bulbeck, Cambridgeshire, CB25 0NW. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice 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.
18.2 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.5 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.