Pencil Tree is a trading name of Pencil Tree Limited, a company registered in England and Wales, Registration Number 08917016, whose registered office is: BCL House, 2 Pavilion Business Park, Royds Hall Road, Leeds, LS12 6AJ
Your use of this website and any order you place through this website are subject to these terms of business.
- SALE OF GOODS
- These terms and the order constitute the whole agreement between you and us for the sale of the goods. Any amendments thereto must be confirmed in writing. Please ensure that you are happy with these terms before you submit the order, because you will be bound by the terms once a contract comes into existence between us.
- Any photographs, samples, drawings, descriptions or advertising we issue, and any colours, images or illustrations, are offered solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us for the sale of the goods.
- If any of these terms are inconsistent with any term of or instruction in the order, the terms in the order shall prevail.
- The order is an offer by you to enter into a binding contract which we may accept or decline at our absolute discretion.
- These terms shall become binding on you and us when we issue you with an order confirmation, at which point a contract shall come into existence between us.
- If you are a consumer (acting outside your business), you may cancel your order in accordance with your rights under the Distance Selling Regulations.
- We have the right to revise and amend these terms from time to time. You will be subject to the terms in force at the time that you order the goods from us, unless any change to these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
- THE GOODS
- These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- We endeavour to describe all items as fully as possible, to the best of our knowledge, providing as much history, age and detail as is known to us together with a full description of any discernable defects or faults. However, it should be noted that the items that we are selling are antique or vintage items and, as such, may in some cases have some age-related wear. Items that are manufactured some time ago often have marks, dents, variations of surface texture, re-polished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, and other issues naturally associated with use and age which form a part of the appearance and nature of a vintage item. We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. Substantial damage or extensive restoration or changes or losses to the item beyond this will be stated in our item descriptions. However, small signs of wear are normal and appropriate to the authenticity of vintage goods. By placing an order, you are deemed to acknowledge the vintage nature of the goods we are selling.
- We will take all reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
- We shall not be liable for any defect in the goods arising from wear and tear, wilful damage, accident and/or negligence by you or any third party, if you use the goods in a way that we or the manufacturers do not recommend, you fail to follow the manufacturer’s and/or our instructions, or due to any alteration or repair you carry out without our prior written approval.
- HEALTH AND SAFETY
- The goods we sell are authentic, original products which were manufactured before today’s stringent health and safety standards. All sales of such goods are for collection purposes only. We do not guarantee or imply any guarantee of compliance with health and safety standards or fitness for any purpose. All original vintage products are clearly marked as such in the product description with a date or approximate date of manufacture.
- In particular, while they may be perfectly safe for use, vintage electrical goods may not meet current UK standards. We recommend that all electrical goods are inspected, tested, certified and installed by a qualified electrician. We also recommend that vintage electrical goods are protected by a “RCD”. We will not be liable for any loss, injury or death caused by electrical goods that have not been inspected, tested and certified by a qualified electrician.
- For small items capable of being shipped by courier, unless otherwise stated, we will aim to ship your order within four (4) to six (6) working days of it being placed.
- If you have not taken delivery of the goods within four (4) weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the goods or charge you for any shortfall below their price.
- If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- On large items, we are happy to recommend a delivery service for the goods. We will always do our best to get a good deal for our customers and can provide you with a delivery quote upon request. On most deliveries for larger items, we ask that you pay the courier or shippers direct and that you communicate directly with them once the goods have left our premises. Obviously, we will help where we can. You are also more than welcome to arrange a courier yourself or to collect the item from us in person.
- All smaller items sent by us via courier companies or Royal Mail will be fully insured against loss or damage. This cost is included in the shipping cost. Items picked up by your own delivery companies or sent by third party delivery services recommended by us are not covered by us. They should all have their own insurance but for the avoidance of doubt please confirm this with them. In the unlikely event that your goods arrive damaged, all packaging must be kept in order for us to make a claim for the damage. Also any damage must be notified within 24 hours of receiving delivery so please always unwrap and check your goods as soon as they arrive.
- We are happy for you to arrange collection of items personally.
- In the unlikely event that the goods delivered do not conform to these terms and the order, please let us know as soon as possible after receipt.
- Freight items delivered via third party delivery services must be checked thoroughly and approved by you when you take receipt of them and any problems notified to to the driver at the time of delivery.
- Subject as set out herein, we may ask you to return the goods to us and once we have checked that the goods are faulty, we may:
- provide you with a full or partial refund (including shipping costs); or
- replace the goods; or
- repair the goods.
- These terms will apply to any repaired or replacement goods we supply to you.
- We hope that you will be pleased with your purchase, however you may notify us that you wish to cancel your order any time from placing the order until seven (7) working days from the day after delivery in accordance with your cancellation rights under the Distance Selling Regulations.
- For the avoidance of doubt, we will not be responsible for your costs in returning unwanted goods.
- For the further avoidance of doubt, all returns should be notified to us before sending and unwanted goods must be returned within fourteen (14) days of delivery, unless otherwise agreed with us. Goods must be returned in the same condition they were sent out and arrangements for delivery of returns must be notified to us. We may store items and hold off delivery on a discretionary basis but where we do so, returns will not be accepted after this time. Returns will also not be accepted on items specifically ordered for customers or customised items.
- TITLE AND RISK
- For small items capable of being shipped by courier, the goods will be your responsibility from the time you take delivery of them.
- For freight items sent via third party delivery services, the goods will cease to be our responsibility from the time they leave our premises.
- Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
- PRICING AND AVAILABILITY
- The price of the goods will be as set out on our website at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
- We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold, removing or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
- For the avoidance of doubt, in the event of a pricing error, we are not obliged to provide the goods to you at any incorrect (lower) price.
- These prices exclude delivery costs, which will be added to the total amount due. For the avoidance of doubt, we will not be liable for any export or import duties, taxes etc. arising as a result of the goods being sent to a destination outside the United Kingdom.
Payment for all goods must be made in advance by credit or debit card at the time of ordering. We accept payment by Visa, Visa Debit, MasterCard, Solo, Maestro, Visa Electron, American Express, bank transfer and PayPal.
- LIMITATION OF LIABILITY
- Subject to clause (b) below, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
- Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to, loss of income or revenue, loss of business, loss of anticipated savings, loss of data and/or any waste of time. However, this shall not prevent claims for foreseeable loss of, or damage to, your physical property.
- This clause does not include or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Save as provided in clause (c) above, our liability to you under these terms will not exceed the total value of the order.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms that is caused by events outside our reasonable control. This shall include (without limitation) any act, event, non-occurrence, omission or accident beyond our reasonable control such as strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or failure by our suppliers to supply the goods to us which are required to fulfil your order.
- Our obligations under these terms are suspended for the period that any such event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms can be performed despite the event outside our control. If we have been unable to resolve any such event within three (3) months we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
All notices sent by you to us must be sent to the email addresses as set out on this website. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served on you 24 hours after an e-mail is sent or three (3) 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
- If any court or competent authority decides that any of the provisions of these terms and/or the order are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- If you are under 18, you may only use our website and submit an order under the supervision of a parent or guardian.
- These terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the courts of England and Wales.
- YOUR DATA
- If you decide to buy from us, you will be required to register with us at the checkout area of our site. At this point we do collect personal information about you. This information can identify you and includes details such as your name, mail address and email address. It is used to fulfil orders or to respond to enquiries. This information is passed from your browser to our secure server using 128-bit encryption technology which is the highest level possible. The information is held in our secure database.
- We may contact you either by post, email or telephone following up on any issues with an order or to answer any questions you may have. We will not send you any marketing or promotional emails unless you agree to it, when registering with the site. We will not pass on your e-mail address to any other company.
- DATA PROTECTION ACT
Our data collection and storage is governed by the rules of the UK Data Protection Act 1998 and associated legislation.
- THIRD PARTIES
- We may disclose your personal information to third parties who perform functions on our behalf such as shipping, fulfilling orders, processing payments, carrying out promotional services or data management. We will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes.
- You also acknowledge and agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, to prevent and detect fraud and to protect and defend our rights and property.
- Many websites store information in a small text file, called a cookie, which is kept on your computer’s hard drive. On our web site we use this facility only to store information about the products you are interested in, so when you add a product to your basket we remember this information with a cookie.
- We do not store your personal information through cookies or any of your payment information so if you come back to the site at another time, the site will still have your basket information but not any of your personal information.
- You do have the facility to switch off your cookie, however this means that you will have problems adding products to your basket.
- CHANGES TO DATA PROTECTION
If we change our terms governing data protection, we will post these changes to the website so users are aware of what information we collect. If you have any queries or concerns please do contact us.