Terms Of Service
These terms of sale apply to all goods supplied by Pinaken (the “Supplier”). In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and we refer to the seller, Pinaken and any other associated company. “Days” refers to working days, being Monday to Friday inclusive, excluding of bank holidays or national holidays unless otherwise stated.
Pinaken is pleased to accept orders subject to the Terms and Conditions of sale as stated in this document. Your use of the Pinaken e-commerce trading websites and purchase of the products (or services) (“products”) on it means that you agree to these terms and conditions (“Terms”). No variation of these conditions shall be binding unless agreed by letter signed by an authorized representative of Pinaken. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between you and the Supplier.
By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales. All such changes may be viewed in this document in the future.
Description and Price of the Goods
The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order. Prices do not include charges for delivery. The charges for delivery are additional depending on the value of the order or weight of the products.
The goods are subject to availability and restrictions or conditions may apply.
If on receipt of your order the goods you have ordered were shown in stock and are then not available in stock, the Supplier will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to email@example.com stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email, the supplier will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
Payment & Security
Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
There will be no delivery until cleared funds are received by the Supplier. If for any reason, the cleared funds are not received within 7 days of placing the order, the Supplier reserves the right to cancel the order.
Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
We accept all major credit and debit cards in partnership with Razor Pay. We have also subscribed to the Sage Page to provide you with complete peace of mind. For security purposes, we will only deliver to the cardholder’s address.
To ensure your online shopping experience is secure and safe, your credit/debit card details will be encrypted on a secure server to minimize the possibility of someone being able to read them as they are sent over the Internet.
Protection of Customer Information
When you place orders or access your account information, we offer the use of a secure server.
For credit card transactions Pinaken adds security by using Secure Sockets Layer (SSL) technology, with 128-bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on www.pinaken.com web site is the safest kind of transaction possible with an online payment like a credit card or debit card.
Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made globally. International Deliveries can take up to 3-5 days to be delivered. Deliveries are normally made between the hours of 10 am to 6 pm Monday to Friday.
Orders placed before 1:00 pm on a working day may be processed that day and will be delivered as per the requested delivery option provided no additional securities checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.). During certain busy times like Christmas, etc., there may be 1 or 3 days of delay in processing the order.
Where on the website we have indicated items in stock, we shall Endeavour but not guarantee to deliver the goods, once ordered within 3-5 working days. If sent by a courier, we can provide a tracking number which will allow you the customer to track your shipment with the specified courier company. It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date. During certain busy times like Christmas etc., the order delivery may take up to 7 working days.
If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible. Somebody will need to sign for your delivery unless if sent by a courier. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
Upon receipt of your order, you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 24 hours of receipt of your delivery. Claims for damages and or shortages made after 24 hours of your delivery arriving will be refused. Time and date of delivery are recorded with our carriers.
To make a claim for any damages and or shortages you must immediately send an email firstname.lastname@example.org stating your invoice number and the details of the damages or shortages.
You must then arrange for any damaged goods to be returned to Pinaken, within 21 working days of your claim at your cost, for us to be able to process your claim further.
Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
Please note that if you do not take delivery of the goods and we are able to provide evidence (by photograph) that our courier have attempted delivery on at least 2 occasions, there will be a failed delivery charge.
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
The goods and all other sums which are or which become due to the Supplier from you on any account.
The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
All goods supplied by the Supplier are warranted free from defects for 21 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address email@example.com within 21 days. Initially, you will be responsible for returning the goods to the Supplier at your own cost. Your return will be inspected upon delivery to the supplier and provide the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to Pinaken only. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via firstname.lastname@example.org, as soon as possible, but in any event within 24 hours of the date you discovered or ought to have discovered the damage, defect or complaint. Initially, you will be responsible for returning the goods to the Supplier at your own cost. Your return will be inspected upon delivery to the supplier and provide the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
Limitation of Liability
Pinaken’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
Pinaken’s liability for direct loss or damage arising from damage to tangible property for which Pinaken is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
Pinaken will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms and conditions shall be governed by and construed in accordance with the laws and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts.
Interpretation and Jurisdiction – These terms and conditions only cover the Pinaken trading web sites. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
We are required by law to inform you that sales can only be concluded in English.
All content in whatever format found on Pinaken websites is copyright of its respective owner. Pinaken can take legal action which may be taken if any person(s) or business is found using the content found on any of our websites without permission in advance.
Pinaken does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in Pinaken and the content of all the software, website and pages relating to any of our websites is owned by or licensed to Pinaken unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of any of our websites, all photographs on it and its marketing materials.
Pinaken, any of our websites and our logos are trade names or trademarks of Pinaken and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name “Pinaken” and we are also the owners of unregistered trade mark rights in them.
Some product images and product descriptions within our website names are Copyright © their respective owners. All brand names, logos and trademarks are the property of their respective owners.
In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link our websites must first obtain permission in writing and legal action may be taken if deemed necessary by any of the websites owned if permission was not obtained in advance or if permission was denied.
Errors & Omissions
Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.
All descriptions and illustrations of goods in any catalogue, brochure, information on the Pinaken trading websites, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
We will promptly correct any errors brought to our attention.
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.