Terms and Conditions
Please read all these terms and condition carefully before placing your order
As we can only accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with, If you are not sure about anything, please phone 01268545127 or Email us.
IMPORTANT – PLEASE READ
Please ensure that the product/s you are ordering from Pensteel ltd are the correct size and suitable for the purpose. If you order a bund, jacket, replacement valve or any spare part or adaptor and find that it is too big, too small, or not suitable for your requirements it can be expensive to return it back to us. Our cancellation & returns policy explains this in more detail below (with special reference to clauses 30, 39, 44, 46, 47 and 50).
If you would like to collect your Bund, IBC spares or adaptors and/or Jackets direct from us, then please contact us as we have various suppliers based around the UK.
We will only supply parts and accessories to our international clients, you may email us with your requirements and we will do our best to quote you for the items requested, we will only accept payment by BACS/IBAN or swift.
Application
1. These terms and conditions will apply to the purchase of the goods by you (the customer or you) we are Pensteel Limited a company registered in England and Wales under number 1780172 who’s registered office is Unit 21 Seax Court, Southfields Business Park, Basildon, Essex. SS15 6SL , our email address, sales@pensteel.co.uk , telephone number 01268 545127 (the supplier or us or we)
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked “I Accept”. If you do not click the button you will not be able to complete your Order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
4. Contract means the legally- binding agreement between you and us for the supply of the Goods.
5. Delivery location means customer’s premises or other location where the goods are to be supplied, as set out in your order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long for the purposes of the information, and allows the unchanged reproduction of the information stored:
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out on the Order.
8. Order means the Customers order for the Goods from the supplier as submitted following the step by step process set out on the Website.
9. Privacy Policy means the terms which set out how we deal with confidential and personal information received from you via the Website.
10. Website means our Website www.pensteel.co.uk on which the Goods are advertised.
Goods
11. The description of the goods is as they are set out on the Website, catalogues, brochures or any other form of advertisement. Any description is for illustration purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
13. All Goods that appear on the Website are subject to availability
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of any of these changes.
Personal information and Registration
15. When registering to use the Website, you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your user name and password to anyone else and to keep them safe and secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using email or other electronic communication methods and by prepaid post and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A contract will be formed for the sale of the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation) you must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the contract by means of an email with all information in it (i.e. Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 5 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by Customer and Supplier in writing.
23. We intend that these Terms and Conditions apply to only a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can supply you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, i.e. by giving you rights as a business.
Price and Payment
24. The price of the goods and any additional delivery or other charges is that set out on the website at the date of Order or such other price as we agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit card or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
27. We will deliver the Goods to the Delivery Location by the time or within the agreed period, or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: a) We have refused to deliver the goods, or if delivery on time is essential taking into account all the relevant circumstances at the time of the contract was made, or you said to us before the Contract was made that the delivery was essential: or b) After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period
29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
30. If you were entitled to treat the contract at an end, but do not do so, you are not prevented in from cancelling the Order for any goods that have been delivered and if you do so ,we will (in addition to other remedies) without delay return all payments made under the contract for any such contract or rejected goods, providing that the goods have been returned, If the goods have been delivered, you must return them at your Cost and Risk.
Delivery
31. You are responsible for selecting the correct shipping area at the Store Checkout. Incorrect shipping selection may lead to additional charges. We do not deliver to addresses outside England Wales, Scotland, Northern Ireland, the Isle of Man, Channel Islands and ROI.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering the item/s
34. The Goods will become your responsibility from the completion of delivery or customer collection. You must examine the goods before accepting them.
Risk and Title
35. Risk of damage to or loss of, Goods will pass to you when the goods are delivered to you and you have signed for the goods as having been received in good condition.
Withdrawal, returns and Cancellation
36. You can cancel the Order by telling us before the Contract is made, if you wish to simply change your mind and without giving us a reason, and without incurring a liability.
37. This is a distance contract (as defined below) which has a cancellation right (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods(with no others) in the following circumstances a) Goods that are made to your specification or are clearly personalised b) Goods which are liable to deteriorate or expire rapidly
38. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances.
39. In the case of a contract for the supply of sealed Goods ( adaptors are sealed within a heat shrink film) which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving reason.
41. The cancellation period will expire after 14 days from the date on which you acquired, or a third party, other than the carrier indicated by you, acquires physical possession of the Goods.
42. To exercise your right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by electronic email. In all events you must show clear evidence of when the cancellation was made.
43. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of right to cancel before the cancellation period has expire.
Effects of cancellation in the cancellation period
44. Except as set out below, if you cancel this Contract, we will reimbursement to you all payments received from you, excluding the costs of delivery. You must arrange redelivery to our designated return address and accept the Risk of the return transport.
45. We may make a deduction from the reimbursement for loss in value of any goods supplied (Bunds & drums) if the loss is the result of unnecessary handling by you, (i.e. handling the goods beyond what is necessary to establish the nature and characteristics of the Goods). The Goods must be returned and received by us in the condition they were delivered to you.
46. The Goods (Drums, adaptors & Bunds only) will not be accepted back if the overwrap has been removed or tampered with or the goods are covered in non removable transport labels.
Timing of reimbursement
47. We will make reimbursement without due delay following inspection of the returned Goods, not later than 14 days after we have received the goods back.
48. We will not offer to collect Goods.
49. We will make reimbursement using the same means of payments you have used for your initial transaction.
Returning Goods
50. If you received Goods in connection with the Contract which you have cancelled, you must send the Goods back (at your cost and risk) or hand them over to us or our representatives who we may nominate to accept goods back, without delay and in any event not more than 14 days from the day on which you communicated your cancellation of this contract.
51. For the purpose of these Cancellation Rights, these words have the following meanings: a) a distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time on which the contract is concluded. b) sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has Goods and services as its object.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligations
53. Upon delivery the Goods will:
a) Be of satisfactory quality.
b) be free from material defects in design, material and workmanship, but for the avoidance of doubt this does not include scratches and other non-material blemishes on the finish of the Goods caused by the manufacturing, storage or delivery processes; and
c) Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract: and
d) Conform to their description.
e) Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
54. It is not a failure to conform if the failure has its origin in your materials
Circumstances beyond the control of either party
55. In the event of any failure by a party because of something beyond reasonable control
a) the party will advise the other party as soon as reasonably practical: and
b) the party’s obligations will be suspended so far as is reasonable, provided that the party act reasonably, and the party will not be liable for any failure which it could not reasonable avoid, but this will not affect the Customers above rights relating to delivery and the right to cancel below:
The supplier does not exclude liability for:
i) any fraudulent act or omission: or
ii) for death or personal injury caused by negligence or breach of the Suppliers other legal obligations, Subject to this, the Supplier is not liable for (i) loss which was not reasonable foreseeable to both parties at the time when the Contract was made, or (ii) loss (i.e. loss of profit) to the Customer’s business trade, craft or profession which would not be suffered by a Consumer, because the Supplier believes the Customer is not buying Goods wholly or mainly for its business, trade or profession.
Governing law, jurisdiction and complaints
56. The Contract (including any non contractual matters) is governed by the law of England and Wales.
57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland and Northern Ireland.
58. We will try to avoid any dispute, so we deal with complaints in the following way: if a dispute occurs Customers should contact us to find a solution. We will aim to respond within 3 working days.
Invalidity
59. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Pensteel Limited Unit 21 Seax Court, Southfields Business Park Basildon, Essex. SS15 6SL
Email address; sales@pensteel.co.uk
Tel 01268 545127,
Fax 01268 545188
Office Opening Hours Mon – Fri 9.05am – 4.30pm
Bank Holidays – Closed
Please note: Should your call revert to our answer phone, please leave your telephone number and name, together with your query – we will return your call when one of our operators becomes available.
