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Terms and Conditions

Introduction

This website is owned and operated by Peng Gadgets Ltd. Our company information is at the end of this document.

  • Please read these terms and conditions carefully. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
  • As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below 

1. General

1.1 Where we refer to "Consumer" below we mean an individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.

1.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

1.4 When you use certain Peng-Gadgets services (including without limitation Gift list service) please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

1.5 Certain video games and DVDs are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification. The classifications are 12, 15, and 18. The classification reflects the content of the video game or DVD (violence, language, sex, drug abuse etc). You are therefore required to confirm that you are over 18. We carry out further checks to verify your age with a registered credit reference agency and, if we are unable to verify you are over 18, we will cancel your order.

2. Order process and Delivery

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Peng-Gadgets.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.

2.5 This website is for delivery of products to customers mainly in mainland UK, however we also deliver goods to customers in Europe and all over the world. Where goods are delivered directly by our supplier’s delivery restrictions may apply to some locations or Country. We cannot deliver to BFPO addresses.

2.6 Delivery charges and estimated timescales are specified on the checkout page when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Peng-Gadgets shall be under no liability for any delay or failure to deliver the products within estimated timescales.

2.7 Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you. Our delivery courier may take a photograph of your address if you are not home to receive a delivery.

3. Payment

3.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A replacement or a full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by Paypal can be found at www.paypal.co.uk (this link will open in a new window). (Peng-Gadgets is not responsible for the content of external websites.)

3.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.

3.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.

b) If you reserve or pre-order a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of promotion, but not a pricing error) before you collect the item, you may request to pay the lowest of i) the price on reservation/pre-order or ii) the prevailing price in at the time of processing for dispatch.

3.4 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.

3.5 The price of products can be changed more than once. By 'original price' we mean the original price displayed online on peng-gadgets.co.uk

4. Returns, Cancellations and Substitutions

4.1 We offer a 30-day money back guarantee, please refer to Returns and refunds. Some products are excluded from the Guarantee and are clearly marked or note included next to the product name. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section.

4.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Returns and refunds page for further details

4.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

5. Privacy

5.1 You acknowledge and agree that we may process your personal data in accordance with the terms and conditions of our website which is subject to change from time to time.

6. Functioning Of Our Website

6.1 We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason and to make changes to our website.

7. Your Account

7.1 If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

7.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein. 

8. Intellectual Property Rights

8.1 All trade marks, logos, content (including our website's structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

8.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

9. Third Party Websites / Advertising / Services

9.1 We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.

10. Liability and Indemnity

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

10.3 If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

10.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

10.3.2 such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

10.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or

10.3.4 such loss or damage relates to a business.

10.4 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).

10.5 The following clauses apply only if you are a business:

10.5.1 In no event (including our own negligence) will we be liable for any:

10.5.1.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

10.5.1.2 loss of goodwill or reputation;

10.5.1.3 special, indirect or consequential losses; or

10.5.1.4 damage to or loss of data

(even if we have been advised of the possibility of such losses).

10.5.2 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.

10.5.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

11. Miscellaneous

11.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

11.2 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

12. Complaints

12.1 If you have any complaints, please contact us via the contact details shown below.

13. Company Information

13.1 Company name: Peng Gadgets Ltd

13.2 Country of incorporation: England and Wales.

13.3 Registered number: 11025775

13.4 Registered office: Broadway, Tilbury, Essex, RM18 7BP

13.5 Main trading address: Broadway, Tilbury, Essex, RM18 7BP

13.6 Other contact information: See our website.

13.7 VAT number: GB336833290

Last Modified: 20th October 2020

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