Terms & Conditions
1. Our Details
1.1. www.creativepenkits.com is a site operated by Creative Pen Kits.
1.2. Our main contact address is Ballynaloob Road, Dunloy, Ballymena, Northern Ireland, United Kingdom. BT44 9AX.
1.3. You can contact us by writing to the address given above, by using our website contact form, by email to firstname.lastname@example.org.
1.4. Hereafter, the use of the terms “we”, “us” and “our” refer to Creative Pen Kits. The term “you” and “your” refers to the user or viewer of this website.
2.1. These terms and conditions shall govern your use of our website.
2.2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2.3. If you register with our website or make a purchase from us, we will ask you to expressly agree to these terms and conditions.
2.4. You may not transmit or distribute any virus, worm, malware, trojan, logic bomb, or any other material which is malicious, technologically harmful, offensive or obscene, nor send unsolicited promotional material or misuse our website in any way. Breaching of these provisions will constitute a criminal offence and any such breach will be reported together with your identity to the relevant authorities without further reference to you.
2.5. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
3.1. Copyright (c) 2018 Creative Pen Kits.
3.2. Subject to the express provisions of these terms and conditions:
3.2.1. we, together with our licensor's, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
3.2.2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.3. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
4. Registration & Accounts
4.1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
4.2. You must not allow any other person to use your account to access the website.
4.3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4.4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
4.5. We will not be held accountable if someone else uses your account to place an order under your details.
5. Product Information
5.1. We will make every effort to ensure that the descriptions of the goods listed on our website are accurate and that the price for each product is correct.
5.2. Notwithstanding, all descriptions and prices however communicated are published in good faith with errors and omissions excepted.
5.3. If a pricing error means that you have over paid, we will determine to refund the difference.
5.4. If a pricing error means that you have under paid, at our discretion we may accept your order at the price paid but we also reserve the right to refuse the order.
5.5. If we refuse an order, we will offer you the option to either reorder at the correct price or to cancel the order, in which case a full refund will be issued.
6. Contract Execution
6.1. Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
6.2. By placing an order whether online, by telephone, or in person you are making an offer to buy goods from us, our acknowledgement of which by whatever means does not constitute acceptance of your order nor enter us into any contractual obligations.
6.3. Acceptance of your order will be deemed to have taken place and a contract will be formed upon issue of written acceptance of your order by whatever means or dispatch of the goods, whichever is earlier.
6.4. Such acceptance and contract will apply only to those goods which are listed in any written acceptance or as detailed on the delivery note issued with the products.
6.5. All products are subject to availability, and we reserve the right to cancel an order if an item becomes unavailable. If we have to cancel an order due to availability issues, we will contact you and either offer an alternative of equal value, or issue you with a full refund.
6.6. We reserve the right to alter the specifications of products without previous notice.
6.7. All goods remain the property of Creative Pen Kits until paid for in full. Your order will not be dispatched until paid for in full. If payment is by cheque, your product will not be dispatched until the cheque has fully cleared into our bank account.
6.8. You are responsible for ensuring that the products being purchased are suitable for the intended purpose for which they are required.
7. Delivery & Carriage
7.1. Please see our separate delivery policy for details.
8. Returns Policy
8.1. In the event that the goods you receive are damaged or faulty you must notify us in writing or email within 5 days of receipt of the goods.
8.2. Upon confirmation of your request, we will ask you to return the product(s) to us with the original packaging by a method agreed between you and us. You will be responsible for the product(s) until we have received them back. We will not be responsible for returned items that are lost.
8.3. Upon receipt of which we will either refund the cost of the goods, repair or replace the goods at our discretion.
8.4. The buyer is responsible for paying the cost of returns.
9.1. All customers have the right to cancel their orders under the consumer contracts regulations 2014.
9.2 You are entitled to change your mind up to 14 days after receipt of the goods. To do so, please contact us by email or in writing as soon as possible.
9.2.1 If we have agreed to cancel your order, we will provide you with a refund (total amount less postage) as soon as possible, and in any event within 30 days after we receive your returned item. We cannot refund for our postage costs already incurred and you will be responsible for the costs of returning the item to us. We recommend that you use a signed or tracked method of return. A refund will be issued subject to the item being received back in an unused condition, with all original packaging and parts included.
9.2.2 If you have notified us to cancel your order, and the request has been accepted, we will provide you with a full refund as soon as possible, and in any event within 30 days of your cancellation or after we receive your returned item.
9.3. Products may be exchanged at our discretion.
9.4. All products must be returned in an unused condition.
10.1. All products have a 6 month warranty covering mechanical faults or defects. The 6 month period will start from the date at which you received the product.
10.2. The warranty does not apply to consumable products such as inks and pencil leads.
10.3. Defects do not include natural occurring effects in the materials used in the manufacture of your product.
10.4. The warranty does not cover normal wear and tear, damage etc.
10.5. Our liability for any such warranty in respect of the goods shall be limited to their net invoice value or (at our discretion) to the replacement of the goods.
11. Limitations & Liabilities
11.1. We cannot be held liable for damage, injury or loss or death, either directly or indirectly, through misuse, inappropriate use or mishandling of our products howsoever caused.
12. Privacy and Personal Data Policy
13. Entire Agreement
13.1. These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and purchase of products and shall supersede all previous agreements between you and us in relation to your use of our website and purchase of products.
14.1. We reserve the right to revise these terms and conditions from time to time, without prior notice.
15.1. A contract under these terms and conditions shall be governed by and construed in accordance with Northern Irish law.
15.2. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of Northern Ireland.