By using this website you are agreeing to the terms and conditions listed below…

1          DEFINITIONS

            In this document the following words shall have the following meanings:

1.1        "Buyer" means the organisation or person who buys Goods from the Seller;

1.2        "Goods" means the articles to be supplied to the Buyer by the Seller;

1.3        "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.4        "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

1.5        "Punky Pins or Seller" means the owners of www.punkypins.co.uk and www.punkypins.com

2          GENERAL

2.1        These Terms and Conditions shall apply to all contracts for the sale of Goods from Punky Pins to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by Punky Pins in writing.

2.2        Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Punky Pins.

3          PRICE AND PAYMENT

3.1        We accept payment using cheques, postal orders and all major credit / debit cards. Credit / debit cards are dealt with securely using PayPal. If you would like to pay using a credit / debit card please select PayPal as your method of payment. This will take you to PayPal’s secure website where you can either sign into an existing account or scroll down to ‘don’t have a PayPal account?’ and pay securely using a credit / debit card. There is no need to register with PayPal when using this method.

3.2        The price shall be that displayed in Punky Pins current List Price, or such other price as the parties may agree in writing. The price is inclusive of VAT or any other applicable costs. Carriage including all relevant packaging shall be paid for by the Buyer.

3.3        Payment of the price inclusive of VAT and any other applicable costs shall be paid within 5 days and before any goods are dispatched.

3.4        If payment of the price or any part thereof is not made within 5 days, Punk Pins shall be entitled to remove the buyers order from the shopping cart.

4          DESCRIPTION

            Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.  For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

5          SAMPLE

            Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6          DELIVERY

6.1        Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer.  The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2        The date of delivery specified by Punky Pins is an estimate only.  Time for delivery shall not be of the essence of the contract.

6.3        If Punky Pins is unable to deliver the Goods for reasons beyond its control, then the Punky Pins shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

6.4        All orders will be sent by first class post to keep the buyers costs at a minimum unless otherwise specified and paid for by the buyer or deemed otherwise by Punky Pins. Please allow up to 5 working days for delivery after payment has been approved.

6.5        Punky Pins is not responsible for any items lost or damaged in the post once dispatched. Nor is it responsible for any extra charges incurred due to customs, duty or brokerage fees or otherwise.

7          PERSONAL DATA

            All personal data held by Punky Pins is done so for the purpose of performing the services intended on this site. Personal Data will not be passed onto any third parties. Punky Pins’ customers reserve the right to alter or remove their data at any time.

8          RISK

            Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises.  Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

9          TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

10         WARRANTY

10.1      Where the Goods have been manufactured by Punky Pins and are found to be defective, Punky Pins shall repair, or in its sole discretion, replace defective Goods free of charge within 7 days from the date of delivery, subject to the following conditions:

10.1.1    the Buyer notifying Punky Pins in writing immediately upon the defect becoming apparent and returning the product withjin 7 days;

10.1.2    the defect being due to the faulty design, materials or workmanship of Punky Pins.

10.2      Any Goods to be repaired or replaced shall be returned to Punky Pins at the Buyer’s expense within 7 days, if so requested by Punky Pins. Faulty Goods returned after this period and within 28 days may be entitled; at the discretion of Punky Pins to repair at an additional charge of £5.00 GBP per item.

10.3      Where the Goods have been manufactured and supplied Punky Pins by a third party, any warranty granted to Punky Pins in respect of the Goods shall be passed on to the Buyer.

10.4      Punky Pins shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.

10.5      The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.

11         LIABILITY

11.1      No liability of any nature shall be incurred or accepted by Punky Pins in respect of any representation made by Punky Pins, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

            11.1.1   the correspondence of the Goods with any description;

            11.1.2   the quality of the Goods; or

            11.1.3   the fitness of the Goods for any purpose whatsoever.

11.2      No liability of any nature shall be accepted by Punky Pins to the Buyer in respect of any express term of this contract where such term relates in any way to:

            11.2.1   the correspondence of the Goods with any description;

            11.2.2   the quality of the Goods; or

            11.2.3   the fitness of the Goods for any purpose whatsoever.

11.3      All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to Punky Pins or not) are hereby excluded from the contract.

12         LIMITATION OF LIABILITY

12.1      Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, Punky Pins shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.

12.2      Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of Punky Pins for death or personal injury as a result of Punky Pins’ negligence or that of its employees or agents.

13         INTELLECTUAL PROPERTY RIGHTS

            All Intellectual Property Rights in this website including all inventions, logos, art work, slogans, designs, trade marks, trade names, works in which copyright may subsist and all works protected by the rights or forms of protection of a similar nature or having equivalent effect anywhere in the world are the property of Punky Pins. Reproduction of any kind is forbidden without the prior written consent of Punky Pins.

14        FORCE MAJEURE

            Punky Pins shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Punky Pins shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Punky Pins considers unreasonable, it may, without liability on its part, terminate the contract.

15         RELATIONSHIP OF PARTIES

            Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

16         ASSIGNMENT AND SUB-CONTRACTING

            The contract between the Buyer and Punky Pins for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of Punky Pins.

17         WAIVER

            The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

18         SEVERABILITY

            If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

19         GOVERNING LAW AND JURISDICTION

            This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.