Terms and Conditions
PARKER WEB SHOP TERMS AND CONDITIONS
The present Purchasing Terms and Conditions ("Terms and Conditions") apply to all sales of products made to you in the United States of America (the "Customer") on the website www.parkerpen.com (the "Site"), by Sanford, L.P., 2707 Butterfield Road, Oak Brook, Illinois, U.S.A. 60523 ("Parker"). The Terms and Conditions supersede any prior terms and conditions or any general or specific terms and conditions of the Customer. Every product order placed on the Site, presupposes the prior consultation and the acceptance by the Customer of the Terms and Conditions.
2. Cancellation and Returns
The consumer has the right to inform the supplier of his right to retract the sale, without payment of any fine and without giving a motive, within 14 calendar days from the day following the delivery date of the product or the signing of the services agreement. Otherwise, except for out of stock items, no order may be cancelled or changed once submitted.
The Customer's right of retraction does not exist for personalized items.
If the Customer decides to cancel the sale, the products (including their original packaging) must, at the Customer's expense, be sent back to Parker within the above mentioned term in the original packaging, to the following address: Parker Returns, 1660 Railroad Ave., Dock Door R99, Shelbyville TN 37160-7408.
3. Ordering process
The ordering process on the Site consists of following steps:
- The Customer adds the selected products in the basket;
- The Customer completes his/her personal details including name and billing address;
- The Customer confirms the preferred shipping method and provides the delivery address;
- The Customer confirms the payment method and completes the required payment information;
- The Customer will be asked to accept the Terms and Conditions;
- Before the Customer submits the order, he/she will be given the opportunity to review his/her details, the selection and check the total price of the order including the shipping charges. In case the Customer needs to correct/adapt this information, he/she can simply go back to the relevant section and correct the necessary information.
After submitting the order, Parker will send the Customer an e-mail confirming receipt of the order.
4. Acceptance of orders
To the maximum extent allowed under applicable law, all quotes or proposals are without engagement and without any obligation on Parker's part. Any order made by the Customer via the Site shall always be confirmed by Parker by e-mail. The sales agreement is only entered into after Parker has confirmed the order placed via e-mail.
The price of the products the Customer orders on the Site is the price that is displayed on the Site at the time the Customer confirms the order as mentioned in the confirmation e-mail sent to the Customer. All prices are in USD, exclusive of forwarding charges, duties, and all sales, use, value added, excise, federal, state, local or other taxes. The tariffs and calculation of the forwarding charges will be displayed at check-out. All applicable taxes, duties, levies or charges arising between the moment of the order of the product and the moment of delivery shall be borne by the Customer, except to the extent Customer presents an appropriate tax exemption certificate.
6. Invoicing and Payment
All payments must be made by the credit cards listed on the Site. No other payment methods are accepted. A customers rights as a cardholder are governed by his/her issuer card agreement and not these Terms and Conditions. The Customer agrees to notify Parker within sixty (60) days after any discrepancy appears on his/her credit card statement or such discrepancy will be deemed waived. If payment is not received from the Customers credit card issuer or its agent, the Customer agrees upon demand to pay all amounts due. Parker will not be responsible for any unauthorized amounts billed to a Customers credit card by a third party.
7. Delivery, Title and Risk
Title and the risk of loss, theft and whole or partial destruction of the products will be transferred to the Customer as soon as the product is delivered.
Unless otherwise indicated at the time of order or by subsequent notification from Parker, shipments will be made via the carrier selected by Parker. Parker will use reasonable efforts to deliver the products ordered within the timescales indicated on the Site or on the confirmation e-mail sent to the Customer. These delivery timescales are estimates; they are not guaranteed delivery times. The Customer shall be exclusively liable for erroneously communicated delivery addresses. Where an order cannot be delivered on the address indicated by the Customer, Parker reserves the right to immediately and automatically terminate the agreement, without prejudice to any other rights and remedies Parker may have. In such event, Parker will inform the Customer of the termination of the agreement in writing or by e-mail.
Without prejudice to Force Majeure, we apply a maximum delivery time of thirty (30) days as from the day following the day upon which the Customer has sent the relevant order to Parker. If the scheduled delivery date has been exceeded due to Parker's fault, the Customer has the right, without judicial intervention and upon simple notice, to cancel the order free of charge, to the extent Parker has not yet sent the ordered products to the Customer at that moment. In case of such cancellation, Parker will refund the amounts already paid to the Customer within thirty (30) days.
8. Age requirements
By ordering products on the Site, the Customer declares that he/she is an adult aged 18 or over or that he/she has obtained the explicit consent of his/her parents/legal guardians in case he/she has not yet reached the age of 18.
9. Gift wrapping
The Customer can opt to have the order gift wrapped at the cost specified on the Site. If the Customer would like to have the ordered products gift wrapped, he/she must indicate this during the ordering procedure on the Site.
10. Liability and Complaints
Parker makes no warranty, express or implied, regarding the products except for the limited warranty against defects referenced in Section 12 of these Terms and Conditions. WITHOUT LIMITING THE FOREGOING, PARKER MAKES NO WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE PRODUCTS OR THAT PRODUCTS WILL BE FIT FOR A PARTICULAR PURPOSE.
Parker shall not be liable the Customer for any indirect, special, incidental or consequential damages (including but not limited to loss of time, emotional damage, reputational damage, loss of revenue, loss of profit or loss of an opportunity) arising from any Customers order or the use or performance of any product. Some states/countries do not allow the limitation of implied warranties or the exclusion or limitation of consequential damages, so the above limitations may or may not apply to you.
All complaints for non-conforming products/visible defects of the delivered products must be notified by registered letter within fourteen (14) business days as from the delivery of the products to the customer. If the complaint is found to be justified, Parker's liability shall be limited to the reparation of or the exchanging of the delivered products. Any complaints for shipping related damage should be reported immediately to the carrier. These provisions do not preclude in any way your rights as a consumer under the applicable limited warranty.
Both Parker's contractual and tortious liability arising from any Customers order or the purchase or use of any product shall in no event exceed the amount of the relevant order placed on the Site.
Nothing in these Terms and Conditions shall exclude Parker's liability for fraud, willful misconduct, gross negligence, death or physical harm.
11. Force Majeure
Parker shall not be liable in case of Force Majeure (i.e. all situations under which it is very difficult for Parker to comply with its obligations under the sales agreement, including but not limited to disaster, fire, flood, earthquake, elements of nature, acts of God, actual or threatened terrorist attacks, acts of war, sabotage, explosion, riots, civil disorders, rebellions, revolutions and strikes, lockouts or labor disputes, government acts, accident or breakdown of plant or machinery, bugs in third party software, shortage of materials, failure by a utility provider (including electricity, gas, network or telecom provider) to provide services and any actions or omissions of third parties beyond its reasonable control).
12. After Sales Support and Limited Warranty
The products sold on the Site come with a limited two-year warranty against defects, a copy of which may be found here: www.parkerpen.com/en-US/support/warranty. For any after sales support and questions the Customer can contact: SAS.US@newellco.com, 800-237-8736.
13. Archiving of Sales History
For your convenience, we will archive your sales history, which you can consult at any time on the Site using your login details.
14. Applicable Law
The Terms and Conditions are governed by, and construed in accordance with, the laws of the state of Georgia, United States of America, without reference to the conflict of law rules.
The state and federal courts of Atlanta, Georgia shall have exclusive jurisdiction to settle any and all disputes which may arise out of or in connection with the Terms and Conditions or their subject matter. Customer consents to the exclusive personal jurisdiction of such courts and waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.