National Pen Terms of Use


Please read these Terms of Use ("Terms") carefully. By accessing or using domains www.penseurope.com, www.nationalpen.co.uk, www.pens.jp, www.pensaustralia.com, and www.orderpens.com or by purchasing products from us you are agreeing to the Terms.


1

INTRODUCTION

1.1
These Terms govern the use of domains www.penseurope.com, www.nationalpen.co.uk, www.pens.jp, www.pensaustralia.com, and www.orderpens.com (the "Site") by visitors to the Site and our customers ("you").
1.2
www.penseurope.com, www.nationalpen.co.uk, www.pens.jp, www.pensaustralia.com, and www.orderpens.com are run by National Pen Promotional Products Limited. We are registered in Ireland under company number 474116 and have our registered office at Building D, Xerox Technology Park, Dundalk, Co. Louth. To contact us, please email: IR_CustomerService_T@pens.com.
1.3
These Terms may change. Please check this page from time to time to take notice of any changes we made, as they are binding on you. We recommend that you print a copy of these terms. These terms were last updated on 1 May 2018.

2

PRIVACY

2.1
Our Privacy Policy and our Cookie Policy governs all use of the Site. It provides important information about how we use any personal information you provide to us and should be read in full. Click HERE for our Privacy and Cookie policy.

3

LIABILITY

3.1
We use reasonable care and skill to provide the Site. The Site is provided "as is" and we cannot and do not guarantee that the Site will meet your requirements.
3.2
To the extent not prohibited by law, we accept no liability for any:
3.2.1
loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); and
3.2.2
loss which arises when we are not at fault or in breach of these Terms.
3.3
Nothing in these Terms is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
3.4
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale

4

ENTIRE AGREEMENT

4.1
These Terms are intended to contain your entire agreement with us relating to your use of and access to the Site. They replace all earlier agreements and understandings with you relating to the Site.

5

VIRUSES

5.1
We do not guarantee that our site will be secure or free from bugs or viruses.
5.2
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
5.3
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

6

WEBSITES WE LINK TO

6.1
Where our site contains links to other sites 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.
6.2
We have no control over the contents of those sites or resources.

7

RULES ABOUT LINKING TO OUR SITE

7.1
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.3
You must not establish a link to our site in any website that is not owned by you.
7.4
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
7.5
We reserve the right to withdraw linking permission without notice.
7.6
If you wish to link to or make any use of content on our site other than that set out above, please contact ir_web@pens.com.

8

GENERAL

8.1
If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.2
We are required by law to inform you that purchases can be concluded in the language of your native country or in English as otherwise agreed.

9

INTELLECTUAL PROPERTY

9.1
By using this Website, you acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Our Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
9.2
National Pen and its related marks are trademarks and service marks of National Pen Co. LLC. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on National Pen are the property of their respective owners.
9.3
When you request an order with a personalized imprint or logo or other custom printing ("Your Content") that you supply to National Pen, you automatically grant us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sub-licensable and irrevocable right to use, distribute, reproduce (including printing on goods you order from us), modify, adapt, publicly perform and display, translate Your Content and to create derivative works from Your Content in any media, as well as the right to use your name in connection with Your Content, if we so choose. You also agree that National Pen may display your You Content in online or offline marketing or collateral materials.
9.4
You may submit Your Content through our web site. You hereby represent and warrant that when you submit Your Content to us, you have all right title and interest in Your Content and you have the right to grant us the license described in these terms and use Your Content for all of the purposes described in these terms, including but not limited to, printing Your Content on the goods you order. You represent and warrant that your provision to us of Your Content and your use of Your Content as described in these Terms does not violate the intellectual property rights, including, but not limited to, the copyrights, trademarks or patents, of any third parties. You further represent and warrant that Your Content does not violate or invade any third party's privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone while using our site or placing any order.
9.5
You hereby agree to indemnify, defend and hold National Pen, its parents, subsidiaries or affiliates and each of the foregoings' directors, officers, employees, agents contractors counsel, successors and assigns harmless from and against any and all third party claims, demands, suits, losses, liabilities, judgments, costs, expenses (including without limitation court costs, litigation expenses, and reasonable attorneys' fees), and causes of action of whatsoever kind (collectively referred to as "Claims") asserted by or arising in favor of any person or entity for or as a result of infringement or alleged infringement of any patents, copyrights, or trademarks, or misappropriation or misuse of any trade secrets or other confidential information, based on or related to Your Content or your order of goods or service from National Pen. In connection therewith, you shall at your sole expense, promptly undertake to procure for Customer the right to continue using Your Content. Without limiting the foregoing, you shall be responsible for all damages, attorneys' fees, court costs or other expenses incurred by National Pen in connection with any infringement or alleged infringement caused by Your Content.

10

LAW

10.1
If you are a consumer, please note that these Terms are governed by Irish law. This means a contract for the purchase of products through our Site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction. However, if you are a resident of France you may also bring proceedings in France.
10.2
If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
10.3
If you are a business, we both irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).