Terms & Conditions

Terms and conditions of sale, delivery, repair and services.

Unless otherwise agreed in writing, the sale, delivery, repair and service shall be subject to the following terms and conditions.

Definitions

  • The "Seller" means Spotted Penguin.
  • The "Buyer" means the person contracting to buy Goods.
  • The "Goods" means the Goods the Buyer contracts to buy, which may be specified in the order acknowledgement or other appropriate document and where the context so permits includes units, parts, accessories, repairs and service.

Products

Our products are subject to change without notice due to continued product development and manufacturer improvements.

Prices

The prices shown are only applicable to purchases made via the Seller and are shown in Sterling. Tax charges are available for display during the initial phase of shopping before any payment details are entered and can be calculated for the contents of your shopping basket.

Delivery

Orders are normally despatched promptly, 1-2 days from receipt of order. Delivery times and dates specified by the Seller are given and intended as an estimate only, if the Seller cannot deliver within 5 working days the buyer will be informed immediately and, with their agreement, arrange another time for delivery. If we cannot agree another time for delivery the Buyer will receive a full refund.

We are reliant on manufacturers and suppliers so cannot always guarantee dates but please be assured that we will dispatch your items as soon as possible.

Delivery is ex works, and shall be deemed effective when the Goods are declared available for despatch or collection.

Delivery is to the kerbside only and Goods will be delivered packaged, it is the responsibility of the customer to move the Goods to a safe location, unpack, and build the items. Full and partial delivery and installation packages may be available, price is POA - please contact us for more details.

Packaging

Large orders may be palletised for ease of transport and to mitigate any chance of damaging goods. In these events our couriers will be unable to open pallets and transport individual goods due to insurance purposes. This type of palletised delivery is also classified as kerb side, therefore it is your responsibility to accept delivery at the kerb side, if this is unacceptable please discuss with your sales advisor prior to ordering and they may be able to organise an alternative shipping method. Any pallets and packaging will be left with you to recycle or dispose of.

Payment options

Payment can be made either by credit/debit card, cheque, and bank transfer.

Lost/Damaged in transit

We will replace at no extra cost any products which have been lost in transit if you notify us via e-mail to sales@spottedpenguin.co.uk or by telephone on 01480 220310 within 24 hours of receipt, accompanied by photographic evidence of the damaged Goods by email.

If any item supplied is damaged in transit you must inform us before returning the item and we will inform you of the returns procedure.

Returns/Cancellation procedure

If you wish to cancel your order please log into your account and locate your Sales Order within your recent order history, then click the Cancel button. Alternatively, you may contact us on 01480 220310. Please note that orders cannot be cancelled once they have been dispatched and handed over to our delivery couriers, in this event you will need to raise a return request as detailed in our Returns Policy.

If you need to cancel or amend your order before delivery please ensure you contact us as soon as possible before your delivery date as once we have despatched your order from our distribution centre, there will be a handling charge to return your items back to us.

Please make sure you are available to receive your delivery. If you find that you are unable to receive delivery, please contact us as soon as possible before your delivery is due to take place to rearrange. Please note that if you miss your delivery, it is likely that you will incur a re-delivery charge. This is because we subsequently incur a re-delivery charge by the courier network for a missed delivery. We will contact you directly to confirm the charge and a suitable re-delivery option.

Contact details

Lines open all day, every day (including bank holidays).

Claims

Design

The Buyer must ensure the Goods are suitable for his particular purpose. In placing an order the Buyer acknowledges that it has not been induced by any representation by or on behalf of the Seller which has not been confirmed in writing to or by the Company. Should the Buyer effect onward sale or supply to a third party, all products should be delivered in the original packaging, instructions and labeling.

Liability for installation and use

The Seller shall not be liable for any defect or damage arising from overheating or corrosion other than where a design has been supplied by the Seller and installation/application instructions have been correctly implemented. The Seller shall not be liable in the event that the Buyer's use of the Goods is contrary to any general standards or regulations in force from time to time. Furthermore, the Seller shall not be liable for any defect or damage arising out of improper use or misuse or arising from any application contrary to general acknowledged practices.

Service beyond our liability

The Buyer may request the Seller to service Goods supplied by the Seller. If the serviced Goods prove to be free from any defect warranted by the Seller, the Seller reserved the right to charge service fees from the Buyer and the Buyer agrees to pay such service fees to the Seller. Charges for making repairs to Goods not included by the warranty shall be subject to the Seller's current service fees.

Specifications

Specifications, indications of performance and other descriptions in the Seller's catalogues, brochures, price lists and advertising material are based on test conditions. Actual performance depends on the power supply, the environment and installation conditions. The Seller does not warrant performance to these specifications in each installation. The Seller varies the specification and modifies Goods as part of regular product development in accordance with the applicable quality standards and provisions resulting in variations of performance specifications and other descriptions.

Retention of title

Any design, drawing, description model, sample and/or the like shall remain the absolute property of the Seller and the Buyer shall, if so requested by the Seller, return such design, drawing, description, model, sample and/or the like to the Seller. The Buyer shall have no right to use or transfer or assign any drawing, description model, sample and/or the like to any third party without the prior written consent of the Seller.

Law

The proper law applicable to all contracts between the Seller and the Buyer is that of England.

Your statutory rights are not affected by any of these business terms.

Third party websites and services

Use of Third Party tools and services include:

E&OE

All errors and omissions excepted appertaining to prices and all information provided.