These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. We recommend you should keep a copy of these Terms for future reference.
We amend these Terms from time to time as set out in section 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
The term “Bespoke British Pens Ltd” or “us” or “we” refers to the owner of this website whose main trading address is Bespoke British Pens Ltd, Unit 11C, Wren Centre, Westbourne Rd, Emsworth PO10 7SU, UK.
To cancel a Contract in accordance with your legal right to do so, please follow the instructions set out in section 6 below. If you wish to contact us for any other reason, you can contact us by telephoning us at +44 (0) 333 006 4646 or by contacting us.
2. Our Products
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.The packaging of the Products may vary from that shown on images on our site.
3. How we use your personal information
4. How the contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been despatched (“Despatch Confirmation”). The Contract between us will only be formed when we send you the Despatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in section 14, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. Our right to vary these Terms
We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
6. Accessing our site
We do not guarantee that our site, or any content on it, will always be available or access will be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
7. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the Content (as described in the Content section below) published on it. Your use of the Site and its contents grants no rights to you in relation to any intellectual property rights relating to the Content. All such Content is protected by intellectual property law and other laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content must always be acknowledged.
You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
In addition to the intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.
We try to ensure that the information on this Site is accurate and complete. We do not warrant or represent that the Content on this Site is accurate, error-free or reliable or that your use of the Content will not infringe rights of third parties. Your use of the Site is at your risk.
9. No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We do not warrant that the functional aspects of the Site of the Content will be error free or that this Site, the Content or the server that makes it available are free of viruses or other harmful components.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us.
12. Your consumer right of return and refund
If you are based in the EU, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provided you give us written notice within 14 days. This means that during this period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of Products that are personalised.
In addition to your statutory rights outlined above, we will honour a cancellation of your order at any time within 30 days of receipt of the goods, providing they are returned to us in good condition i.e. unused and undamaged in any way. You should try to use the original packaging when you return the goods to us.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting us or by letter to: Bespoke British Pens Ltd, Unit 11C, Wren Centre, Westbourne Rd, Emsworth PO10 7SU, UK. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you cancel your Contract we will:
(i) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
(ii) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(iii) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) 14 days after the day on which we receive the Product back from you; or
(ii) if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
(iii) if no Products were supplied, 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us under this section 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will make reimbursement using the same means of payment as you used for the initial transaction.
If a Product has been delivered to you before you decide to cancel your Contract:
(i) then you must return it to the designated manufacturer without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(ii) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
13. Price of products and delivery charges
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see below for what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Returns page.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
14. Payment [Update once payment mechanism integrated]
You can only pay for Products using a debit card, credit card or BitCoin. We accept the following payments:
Mastercard, Visa, American Express, BitCoin
Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time you place your order.
15. Limits on our liability
We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. WE shall only be liable for losses up to the total value of the Products purchased.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are also not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.
16. Minimum Age Policy
To use this website we require you to be 18 or over.
17. Other important terms
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
At our request, you agree to compensate us fully, defend us, and hold us Bespoke British Pens Ltd harmless immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
You acknowledge and agree that no joint venture, partnership, or agency relationship exists between you and us as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent or employee of Bespoke British Pens Ltd and we shall not be liable for any representation, act or omission on your part.
18. Governing Law
These Terms together with all our policies and procedures are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.