Terms of Use

These Terms and Conditions apply to your use of www.thepencilcase.co.uk Website (the “Website”) and to any order you place on the Website. The Terms apply regardless of how you access the Website, including any technologies or devices by which The Pencil Case makes the Website available to you. You must read these Terms carefully. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms in their entirety. If you do not agree to these Terms in their entirety, please do not use this Website. The terms also apply where appropriate to purchases made in our shop in Cowbridge.

Changes to These Terms

We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms.

Your Use of this Website

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not, without our prior written consent, copy, reproduce, republish, download, print, post, broadcast, record, transmit, edit, link to or distribute in any way the web pages or materials on the Website other than solely for your own personal use. You may not use the content of the Website for any commercial purposes whatsoever.

Use of this Website from Outside the UK

The materials on this Website are displayed solely for the purposes of promoting The Pencil Case’s products and services available in the UK. However The Pencil Case may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. If you access this Website from locations outside the UK or place orders for delivery to locations outside the UK, you are responsible for compliance with local laws if and to the extent local laws are applicable.

Copyright and Intellectual Property

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to The Pencil Case. Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents.

Product Information and Availability

We have taken all reasonable care to present products on the Website as accurately as possible. However The Pencil Case provides no guarantees, warranties, or assurances of any kind that the site is error free and reserves the right to make modifications at any time without prior notification. We accept no responsibility for variances in colour or style due to the settings on your computer monitor or mobile device. There may be minor differences between the specifications given for products on the Website and the product that you receive, as we do offer products for sale which are not mass produced. Whilst every effort is taken to ensure all products offered on our Website are always in stock, occasionally some products will be temporarily out of stock and may not be restocked. If products that you order are out of stock or subject to a delay, we will contact you at the e-mail address you provided when placing your order. All products advertised on the Website are for the personal use of consumers only. We reserve the right to restrict multiple quantities of a product being shipped to one address or customer.

Pricing

All prices on the Website are shown inclusive of UK VAT where applicable. Please note that our prices may change without notice and any of our offers may be withdrawn at any time. We are not legally bound to honour any prices where the prices displayed have been displayed in error. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you before despatch and ask whether you wish to continue with the purchase at the correct price or we may cancel your order, refund you and notify you of such cancellation and refund.

Links to Other Websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, The Pencil Case cannot accept any liability in respect of the use of these websites.

Information We Collect

When you become a registered user of our Website and/or order from us, we collect information from you including your name, address, telephone number, email address and password. We do not collect your credit / debit card details, these are entered through the Worldpay Payment Gateway. We also keep a record of your purchases. Data collected from this Website will be used to help us improve our Website content and for internal marketing analysis and promotional purposes. We will not disclose your personal details to third parties.

Password and Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. The Pencil Case shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Processing and Accepting Your Order

All orders are subject to acceptance and availability. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with these Terms and Conditions. Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. Our acceptance of your order will take place only when we confirm by email that the products you have ordered from us have been despatched. The Pencil Case has the right to decline an order for any reason, including legal and regulatory reasons.

Payment

During the checkout process, you will be asked to enter your payment details into the Worldpay Payment Gateway. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. All card payments are subject to authorisation by your card issuer. All products ordered will remain the property of The Pencil Case until we have delivered the products to the address specified by you or they have been collected in store.

Delivery

Delivery will be to the address you specified in your order. Postage and packaging charges are as per the charges displayed when you place an order and are shown on the Delivery Information page. Delivery timescales are also as shown on the Delivery Information page.

Delays

Where the supply of your product(s) is delayed or prevented for reasons beyond our reasonable control (for example, import delays, higher than anticipated demand, failure by our delivery companies to deliver your products on time due to exceptional circumstances such as strike action, hazardous weather conditions or accident), we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Changes to Your Order

We aim to despatch orders within two working days so please contact us immediately if you wish to make any changes and we will let you know if it is possible. Please note that if you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

Cancellation, Refunds and Returns

We want you to be delighted with your purchase. If you are not, please contact us following the instructions below and we will be more than happy to help you.

Damaged or Incorrectly Supplied Products:

You should check all products delivered against your order as soon as they arrive. If the products you receive are damaged or incorrectly supplied then you must note the details of any damage or error in supply on the delivery documentation and inform us within 3 days of receiving the products, quoting your order number. You must return the products to us in or with their original packaging as soon as possible after informing us that the products are damaged or have been incorrectly supplied. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return.

Faulty Products:

If there is a fault with your products, please contact us within 28 days of purchase quoting your order number. We will provide you with a replacement (if available) or a full refund. We will also refund the cost of returning the faulty items via the Royal Mail Second Class service.

Unwanted Products:

If you wish to cancel products that are not damaged, incorrectly supplied or faulty, then you must contact us no longer than 14 days after the day on which you receive the products quoting your order number. Your right to return products does not apply to goods made to your specification or that have been clearly personalised. The items must be returned unused, in or with their original packaging, in a resalable condition with a receipt or delivery documentation. Please therefore keep the original packaging until you are certain you wish to keep your product. If you change your mind about the products you have ordered, you should return the goods to us at your cost within 14 days of cancellation and we will then reimburse you, by the method used to pay for the original transaction, the amount in relation to goods to which cancellation rights apply.

Returning Products to Us

When returning products please:

1. contact us to obtain a returns number and returns address
2. return your product with a note including your name, contact details, returns number, original order reference number and the reason why you wish to return your product / cancel your order / believe your product is faulty.

Your product must be returned unused and, where possible, in the original packaging. Please therefore keep the original packaging until you are certain you wish to keep your product. If you do not retain your original packaging please use similar packaging that will provide similar protection, as your product must be received by us “as new” and in a condition for resale. We are unable to accept responsibility for any parcels returned to us until we safely receive them. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. You are responsible for the cost of returning products to us unless they are faulty or the product differs from the advertised product.