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Terms & ConditionsFunky Pen ( funkypen.co.uk) is a subsidiary of Laser Media Supplies. Anywhere we refer to Laser Media Supplies it includes/covers Funky Pen.
1.1 By placing an order with Laser Media Supplies (‘the company’ or ‘us’) you (the consumer) are agreeing to be bound by these Terms of Sale. You are also confirming that you are over sixteen, legally capable of entering into a binding contract and that you agree to our use of your personal data in line with our Privacy Policy.
1.2 We reserve the right to reject any order, as we see fit, without giving any reason.
1.3 We may change these Terms of Sale or the Privacy Policy at any time by posting changes on this website, without giving notice. Therefore please check these Terms of Sale whenever you place an order.
1.4 You may print a copy of these Terms for future reference.
2. Information about Us 2.1 The company is Funky Pen which is part of Laser Media Supplies. Laser Media Supplies registered office is 9 Huntingdon Court, Huntingdon Way, Measham, Derbyshire, DE12 7NQ. The VAT registration number is GB 485 6677 84.
2.2 If you have any questions or complaints regarding the company, these can be addressed to the Customer Services Manager at the above address. The company will aim to acknowledge written complaints within 5 working days and resolve any complaints within a reasonable period of time, given the complexity of the matter.
3. Formation of Contract 3.1 You can order online at www.funkypen.co.uk, by phone on 01530 515151 or by email to sales@funkypen.co.uk
3.2 Your order constitutes an offer to buy a product. All offers are subject to acceptance by us, which will be confirmed by email, telephone conversation. The contract will only be formed once you have received order confirmation and payment has been taken from us.
4. Prices and Availability 4.1 Stock levels are to be interpreted as a guideline and not an accurate representation of availability. In the situation where there is likely to be a substantial delay of longer than 3 working days then we will contact you in order to discuss whether you wish to continue with the order.
4.2 The company reserves the right to revise prices prior to the despatch of goods in order to reflect any increase in costs. If the price is revised then the consumer will be informed prior to despatch and will be given the option to cancel the order. If the order is cancelled due to price revision then any money they have paid will be refunded in full.
4.3 In placing an order you undertake and warrant that all details you provide to us when you place your order will be correct, that any credit or debit card used belongs to you, and that there are sufficient funds or credit facilities to cover the total amount payable.
4.4 All displayed prices are inclusive of VAT. Delivery charges shall be paid in addition where applicable.
4.5 Our final price is inclusive of VAT. However if your order is to be delivered to an address outside of the United Kingdom, you may have to pay additional taxes or duties. Please contact your local customs authority for details.
5. Delivery and Returns 5.1 Damages or shortages or excesses shall be reported by you to the company in writing within seven days of delivery. Provided that the company is satisfied that any damage was caused prior to delivery, or that there was a shortage or excess at the point of delivery, then the company will refund, repair or replace such products free of charge.
5.2 If you have ordered an incorrect product then, provided it is returned within thirty days, Laser Media Supplies will provide a refund of the full price. Please note the return cost of delivery will not be refunded.
6. Cancellation 6.1 If you are a consumer, or you are acting outside of your business purpose within the European Union, then you may cancel your order within thirty working days, beginning on the day you receive your goods. If you wish to cancel please contact us at sales@funkypen.co.uk. If you chose to exercise this right, then you must return any delivered items before 30 days from date of receipt, following which we will refund the price paid. This term only applies to unopened and unused products. Where the product is returned in a non-saleable condition, then Laser Media Supplies will not be obliged to make a refund. All return delivery & postage charges are non-refundable. If we have are refunding any postage from the original order, only the standard rate will be refunded. If you have paid extra for upgraded delivery, you will only receive the standard postage back.
7. Transfer of Rights and Obligations 7.1 The contract between the buyer and the company is also binding on respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without the company’s prior written consent.
7.2 Laser Media Supplies 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. Reservation of title clause 8.1 Title to any goods sold shall remain vested in Laser Media Supplies and shall not pass to the consumer until the purchase price for the goods has been paid in full and received by the seller. Until title to the good passes the seller shall have authority to retake, sell or otherwise deal with or dispose of all, or any part of the goods. The seller and its agents and employees shall also be entitled at any time and without the need to give notice, enter any property upon which the goods, or any part thereof, are believed to be, stored. The consumer shall store the goods in a manner which is reasonably satisfactory to the seller, indicating that the title to the goods remains vested in Laser Media Supplies. Irrespective of the passing of title, risk in the goods shall pass to the consumer upon delivery.
9. Force Majeure 9.1 The company 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 of our reasonable control (Force Majeure Event).
9.2 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: Industrial action, Civil unrest, Natural disasters, Impossibility of use of public or private transport, Impossibility of use of public or private telecommunications networks, Actions of any government.
10. Accuracy of information, Website warranties and disclaimer 10.1 The information contained in this website is for general information purposes only. The information is provided by Laser Media Supplies and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
10.2 In no event will Laser Media Supplies be liable for any loss or damage arising out of, or in connection with, the use of this website.
10.3 Through this website you are able to link to other websites which are not under the control of Laser Media Supplies. The links to third party websites in no way endorses the views expressed within them.
10.4 Every effort is made to keep the website up and running smoothly. However Laser Media Supplies takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
11. Copyright notice 11.1 This website and its content is copyright of Laser Media Supplies © (2015). All rights reserved.
11.2 Any redistribution or reproduction in part or whole of the contents in any form is prohibited other than for printing or downloading for personal and non-commercial use.
12. Privacy Policy 12.1 Laser Media Supplies is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy.
12.2 The company may change this policy from time to time by updating this page. You should regularly check this page to ensure you are happy with any changes.
12.3 We request the information we do to understand your needs and to provide you with a better service, in particular we require the information for the purposes of Internal record keeping and in order to send you information of any promotional offers we believe to be of interest to you.
12.4 We are committed to ensuring that your information is securely held. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial safeguards to secure the information we collect.
12.5 We do not sell, distribute or lease your personal information to third parties unless we are required by law to do so. We may use your personal information to send you promotional information which we think you may find interesting. Please let us know in writing to sales@funkypen.co.uk if you wish to be removed from any promotional or mailing lists.
12.6 We do not hold your credit card details in a viewable format. Any details given by phone or email are destroyed once used, unless there is an agreement to the contrary.
12.7 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small administrative fee will be payable. If you would like a copy of this information please email sales@funkypen.co.uk.
13. General 13.1 No delay, neglect or forbearance on our part in enforcing any provision of these Terms of Sale will be, or deemed to be a waiver or in any way prejudice any of our rights.
13.2 If any provision of these Terms of Sale is held to be unenforceable, illegal or invalid, then this provision will not affect the remainder of these Terms of Sale, which will remain in full force and effect.
13.3 These Terms of Sale are governed by English Law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The place of performance will be England.
13.4 No alteration to any of these Terms of Sale will be binding on us unless it is made in writing and signed by a representative of Laser Media Supplies. Note in this situation ‘writing’ is to include email.
13.5 These Terms of Sale, together with our Privacy Policy and your order contain the entire agreement and understanding relating to the subject matter of your order. They supersede any earlier agreements, understandings or arrangements (whether oral or written) relating to that subject matter. You acknowledge that you are not placing your order on the basis of any statement, representation, warranty or other provision except those expressly contained, or referred to, in these Terms of Sale. Nothing in this condition limits or excludes our liability for fraud.
14. Nothing in these Terms of Sale affects your statutory rights as a consumer.
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