Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1 Who we are and how to contact us
1.1 This website is operated by A.W. FABER-CASTELL RETAIL GMBH (“we”, “us”, “our”). We are registered in Germany at district court Düsseldorf HRB 71129. Our address is Königsallee 2, 40212 Düsseldorf, Germany. Our VAT number is DE 290 720 349.
1.2 To contact us, please email email@example.com or telephone our customer service line on +44 2080 9777 77.
2 By using our website you accept these terms
2.2 If you do not agree to these terms, you must not use our website.
3 There are other terms that may apply to you
3.1 The following additional terms also apply to your use of our website:
3.1.2 If you purchase goods from our website, our Terms and Conditions of Sale set out in clauses 19-30 below will apply to the sales.
4 We may make changes to these terms
4.1 We may amend these terms from time to time. Any amendment to these terms shall take effect immediately when displayed here. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the amendment will be subject to the revised terms and you agree to be bound by such terms.
5 We may make changes to our website
5.1 We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities.
6 We may suspend or withdraw our website
6.1 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons with or without notice.
7 Our website is only for users in the UK
7.1 Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations. We may limit the availability of this website or any service or product described on this website to any person or geographic area at any time. If you choose to access this website from outside the United Kingdom, you do so at your own risk.
8 You must keep your account details safe
8.1 We may provide you with the opportunity to create an account on this website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Please note that we will never contact you to ask you for your password.
8.3 It is your responsibility to ensure that you frequently update and revise your password to ensure your account is secure. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
9 How you may use material on our website
9.1 We are the owner or the licensee of all intellectual property rights in this website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from our website for non-commercial, personal use only, provided you retain all copyright and other proprietary notices contained on our website.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from our website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
9.5 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
10 Do not rely on information on this website
10.1 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
10.2 The content on our website is provided for general information only and is made available on the basis that you accept it on an ‘as is’ and ‘as available’ basis. You should not rely on or use such content as the basis for making decisions. Any reliance on the content on this website is at your own risk.
11 We are not responsible for websites we link to
11.1 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
11.2 We are not responsible for examining or evaluating the content or accuracy of third party websites and we give no warranties in relation to them. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites.
12 Linking to our website
12.1 You may not link to our website without our prior written consent.
13 User-generated content is not approved by us
13.1 This website may include information and materials uploaded by other users of the website, including product reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
13.2 If you wish to complain about information and materials uploaded by other users please contact us at email@example.com.
14 Uploading content to our website
14.2 You may not use our website:
14.2.1 In any way that breaches any applicable local, national or international law or regulation.
14.2.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
14.2.3 For the purpose of harming or attempting to harm minors in any way.
14.2.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.
14.2.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
14.2.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.3 You also agree:
14.3.1 Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms.
14.3.2 Not to access without authority, interfere with, damage or disrupt:
(i) any part of our website;
(ii) any equipment or network on which our website is stored;
(iii) any software used in the provision of our website; or
(iv) any equipment or network or software owned or used by any third party.
14.4 Content must not:
14.4.1 Contain any material which is defamatory of any person.
14.4.2 Contain any material which is obscene, offensive, hateful or inflammatory.
14.4.3 Promote sexually explicit material.
14.4.4 Promote violence.
14.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
14.4.6 Infringe any copyright, database right or trade mark of any other person.
14.4.7 Be likely to deceive any person.
14.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
14.4.9 Promote any illegal activity.
14.4.10 Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
14.4.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
14.4.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
14.4.13 Give the impression that they emanate from us, if this is not the case.
14.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
14.5 You warrant that any such content uploaded by you to our website complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.6 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
14.7 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
14.8 We have the right to remove any content you upload and make available on our website if, in our opinion, the content does not comply with these terms.
14.9 You are solely responsible for securing and backing up your content.
15 Our responsibility for loss or damage suffered by you
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
15.2 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 Our website is provided on an “as is” and “as available” basis. We give no warranties of any kind, whether express or implied, in connection with our website and exclude liability to the fullest extent permitted by law.
15.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
15.4.1 use of, or ability to use, this website;
15.4.3 use of or reliance on any content or information displayed on this website.
15.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our Terms and Conditions of Sale below.
16 We are not responsible for viruses and you must not introduce them
16.1 We do not guarantee that our website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
16.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
17 Intellectual property and right to use
17.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content on our website belongs at all times to us or our licensors. This includes, but is not limited to, the trade marks “Faber-Castell”, “Faber-Castell since 1761” and the Faber-Castell logo. You are not permitted to use these trade marks or any other intellectual property without our prior written approval, unless you are using material as permitted under clause 9 above.
18.1 We recognise the importance of providing a website that is accessible to all users, including the disabled, the visually impaired and those with motor deficiencies and cognitive disabilities. If you encounter any difficulties using this website you can contact us at firstname.lastname@example.org.
TERMS AND CONDITIONS OF SALE
19 About these terms
19.1 What these terms cover. The terms and conditions of sale below are the terms on which we supply goods to you. These terms and conditions apply only to people residing in the territories England, Scotland, Wales and Northern Ireland.
19.2 Why you should read them. Please read these terms and conditions of sale carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
19.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
20 Our contract with you
20.1 Placing an order. Once you have placed an order we will send you an order confirmation email. This is not an acceptance of your order.
20.2 Acceptance your order. Our acceptance of your order will take place when we dispatch the product(s) to you, at which point a contract will come into existence between you and us.
20.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
20.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
20.5 We only sell to the following territories of the UK. Our website is solely for the promotion of our products in the territories England, Scotland, Wales and Northern Ireland. Unfortunately, we do not deliver to addresses outside these territories.
21 Our products
21.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
21.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
22 Our rights to make changes
22.1 Minor changes to the products. We may change the product:
22.1.1 to reflect changes in relevant laws and regulatory requirements; and
22.1.2 to implement minor technical adjustments and improvements.
23 Providing the products
23.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
23.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
23.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
23.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
23.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 26.2 will apply.
23.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave.
23.7 When you own goods. You own a product which is goods once we have received payment in full.
24 Your rights to end the contract
24.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
24.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 27;
24.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 24.2;
24.1.3 If you have just changed your mind about the product, see clause 24.3. You may be able to get a refund, but this may be subject to deductions and you will have to pay the costs of return of any goods.
24.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 24.2.1 to 24.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
24.2.1 we have told you about an upcoming change to the product or these terms and conditions of sale which you do not agree to;
24.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
24.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
24.2.4 you have a legal right to end the contract because of something we have done wrong.
24.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions of sale.
24.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
24.5 When you cannot change your mind. We do not accept returns if the product has been delivered to you in sealed packaging and you have unsealed or damaged that packaging.
25 How to end the contract with us (including if you have changed your mind)
25.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
25.1.1 Phone. Call customer services on +44 2080 9777 77. Please provide your name, home address, details of the order and, where available, your phone number and email address.
25.1.2 Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. If you email us you may use the cancellation form, but you do not have to.
25.1.3 By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
25.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Faber-Castell, c/o PVS Logistikzentrum, Werner-Haas-Str. 5, 74172 Neckarsulm, Germany. Please use the return label we provide for you. Further information about the return process and the link to the website where you can print your prepaid return label you willl find here on our "right of return"-page. You may also call customer services on +44 2080 9777 77 or email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
25.3 When we will pay the costs of return. We will pay the costs of return:
25.3.1 if the products are faulty or misdescribed; or
25.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms and conditions of sale, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
25.3.3 if you use the prepaid return label. All the information therefore you can find here on our "right of return"-page.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
25.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
25.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
25.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
25.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
25.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
25.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
25.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
26 Our rights to end the contract
26.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
26.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
26.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from a local depot.
27.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 26.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
27 If there is a problem with the product
27.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 2080 9777 77 or write to us at email@example.com or Faber-Castell, c/o PVS Logistikzentrum, Werner-Haas-Str. 5, 74172 Neckarsulm, Germany.
27.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms and conditions of sale will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 24.3.
27.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Please use the return label we provide for you. Further information about the return process and the link to the website where you can print your prepaid return label you will find here on our "right of return"-page. You may also call customer services on +44 2080 9777 77 or email us at firstname.lastname@example.org for a return label.
28 Price and payment
28.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 28.3 for what happens if we discover an error in the price of the product you order.
28.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
28.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
28.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard and paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
28.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
29 Our responsibility for loss or damage suffered by you
29.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions of sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
29.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products as summarised at clause 27.2.
29.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
30 Other important terms
30.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms and conditions of sale to another organisation, but this will not affect your rights or our obligations under these terms and conditions of sale.
30.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions of sale to another person if we agree to this in writing.
30.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
30.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions of sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
30.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions of sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
30.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions of sale are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you are a business, these terms and conditions of sale are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Last Update: December 2016