Introduction
Welcome to our website pen-tonic.shop (the “Website”). This Website is operated by Pentonic Pen Co. LLC (“Pentonic”, “we”, “us” and “our”). These Terms and Conditions (“Terms”) set forth the terms and conditions under which we offer you access to and use of our Website and online store services (collectively, the “Services”).
Please read these Terms carefully before using our Website or Services. By accessing and using the Website or Services, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference. If you do not fully agree to these Terms, you may not access or use our Website or Services.
Use of the Website and Services
You may use the Website and Services only if you can form a binding contract with Pentonic, and only in compliance with these Terms and all applicable laws. Our Website and Services are intended solely for users who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms.
Subject to your compliance with these Terms, Pentonic grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Website and Services for your own personal, non-commercial use.
Certain features or services offered on or through the Website may require you to download content, software, or agree to additional terms and conditions. Unless otherwise provided, any additional terms and conditions are hereby incorporated into these Terms.
Site Contents
The content on the Website includes:
- Information about Pentonic and our products and services
- User-generated content, comments and product reviews
- Interactive features that allow communication with Pentonic and other users
All content, trademarks, logos, graphics, and images on the Website are our property or the property of our licensors and protected by copyright and trademark laws. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and an infringement of our rights.
User Accounts
In order to access certain features or services, you may be required to register and create an account (“User Account“) containing certain information about yourself. You represent and warrant that all information you provide for your User Account is current, complete, and accurate.
You are solely responsible for any and all activities conducted through your User Account, and you agree to maintain the confidentiality of your User Account password at all times. You must immediately notify us of any unauthorized use of your User Account or other breach of security. We will not be liable for any loss or damage arising from your failure to protect your password or account information.
You may not:
- Share your User Account or password with any third party
- Access or use more than one User Account without permission
- Impersonate any other person or entity
- Transfer your User Account to another person or entity
We reserve the right to disable any User Account at any time for any reason without notice to you.
User Content
The Website may allow you and other users to upload, post, publish, share, store and otherwise transmit photos, images, videos, reviews, comments and other content (“User Content”), which may be publicly displayed on the Website.
You retain ownership of any User Content you submit, but you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works of, distribute, publicly perform, publicly display, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including on or in connection with the Website and third-party sites and services).
You are solely responsible for all User Content you submit, including the legality, reliability, accuracy, and appropriateness of your User Content. You represent and warrant that you own or otherwise control the rights to your User Content and that our use as described in these Terms will not infringe any intellectual property rights or violate any applicable laws. We do not guarantee the accuracy, integrity or quality of any User Content.
You may not submit or transmit any User Content that:
- Is illegal, libelous, defamatory, obscene, invasive of privacy, infringing on intellectual property rights of others, or otherwise injurious.
- Contains software viruses or malicious computer code.
- Is off-topic, meaningless, deceptive, or intended to annoy or harass others.
We do not endorse any User Content or opinion, recommendation or advice expressed therein. Under no circumstances will we be liable for any loss or damage caused by any User Content. We reserve the right to remove, screen, edit or delete any User Content at any time without notice for any reason.
Rules of Conduct
You agree not to use the Website or Services to:
- Violate any local, state, national or international laws or regulations.
- Infringe on our or any third party’s intellectual property or other proprietary rights.
- Transmit any malicious, harmful, or inappropriate content.
- Collect personal data, including email addresses, from other users without permission.
- Impersonate any person or entity or falsely state your affiliation.
- Mislead others as to the origin of User Content.
- Restrict or inhibit any other user from enjoying the Website or Services.
- Introduce any software viruses, worms, Trojan horses or other malicious computer code intended to damage the Website or Services.
- Modify, adapt, reverse engineer, decompile or disassemble any portion of the Website or Services.
- Remove or modify any copyright, trademark or other proprietary notices contained on the Website or Services.
- Engage in any action that negatively affects us or the Website and Services.
We reserve the right to terminate your use of the Website and Services if you are found to violate these rules of conduct or any other terms of these Terms.
Online Store
The Website offers certain products for sale (collectively, “Products”). By ordering Products through the online store, you agree to the following additional terms and conditions:
Product Descriptions
We strive to provide accurate Product descriptions and images. However, we do not guarantee that Product descriptions, colors, images or other content available on the Website are accurate, complete, current or error-free. The actual Products you receive may differ in appearance from Product images and descriptions.
Pricing
All prices listed on the Website are subject to change without notice. Price increases will not affect any orders for which payment has already been received. We reserve the right to limit quantities to normal retail purchases and to deny service to resellers.
Payment
We accept various payment methods, such as Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, etc. You represent and warrant that you are authorized to provide the payment information you submit for completing your purchase.
We may require additional information to confirm your identity and payment method before processing your order. We reserve the right to cancel any order, or refuse or reject payment from any customer at our sole discretion.
By submitting payment information, you authorize us to perform credit checks, obtain consumer reports, and charge your provided payment method to complete your purchase.
Orders and Fulfillment
We will make reasonable efforts to fulfill all orders for Products available through the Website. However, all Product images, descriptions and prices are subject to change at any time and we cannot guarantee availability of any Products.
We reserve the right to discontinue or limit quantities of any Products without notice. We may require additional information prior to accepting or shipping any order and may cancel any order or shipment, whether or not payment has been made. This may occur due to error in Product description or price, unavailability of Products, problems identified by our credit or fraud departments, or any other reason determined in our sole discretion.
Your receipt of a shipping confirmation email does not constitute our acceptance of your order, nor does it confirm the availability of Products. We will charge your payment method and ship your order only upon verification of inventory availability and approval by our fraud prevention department.
All shipments are subject to stock availability. We will not be liable for any delays or failure in delivery for any reason. You will be notified by email if we cancel or reject your order or are unable to fulfill it for any reason. If payment has already been made, your payment method will be refunded.
Shipping and Delivery
We will arrange for shipment of Products to you via a carrier (such as USPS, FedEx or UPS) for delivery to your designated address. You will receive a shipment confirmation email with carrier tracking information when your Products have shipped.
Title and risk of loss pass to you once Products are delivered to the carrier. We are not responsible for stolen, damaged or delayed shipments from carriers. You are responsible for notifying us and filing any claims with the carrier regarding any shipping issues.
Shipping costs, options and estimated delivery times are presented at checkout based on your order details. We reserve the right to adjust shipping costs or options prior to shipping for any reason, including availability, inclement weather or other delivery concerns.
We do not guarantee any specific delivery times or dates. Delivery estimates do not apply for delays related to customs inspections or other legal requirements. We may require you to show additional identification or information prior to accepting delivery.
Returns and Refunds
You may return eligible Products within 30 days of receiving your shipment for a full refund. To be eligible for return, Products must be in original condition with tags/packaging. We do not accept returns or offer refunds for:
- Products showing signs of wear or damage.
- Special order or customized Products.
- Digital Products or consumables.
You are responsible for all shipping costs related to returns. To initiate a return and refund, contact our Customer Service team to obtain a Return Merchandise Authorization (RMA) number. Provide this RMA number with your return shipment.
Refunds are generally processed within 5-7 business days after a returned item is received, and may take 1-2 billing cycles to appear on your payment statement. Refund methods may differ from original payment method depending on provider.
Cancellations
You may cancel unshipped orders at any time prior to shipment for a full refund. Contact our Customer Service team immediately if you wish to cancel an order. Once an order ships, it is no longer cancellable and can only be returned.
Product Reviews
Any Product reviews submitted by you or other users represent the opinions of the individual reviewer, not Pentonic Pen Co. We do not review, substantiate or endorse any reviews, ratings, recommendations or other User Content.
Intellectual Property Rights
Pentonic and our licensors own all intellectual property and material contained in the Website and Services, including copyrights, trademarks, trade dress, graphic files, icons, logos, patents, and service marks. You may not copy, imitate or use any of Pentonic’s intellectual property without our prior written consent.
You may not use Pentonic’s name, logo or trademarks in any way, including in metatags or hidden text, without our prior written consent. Submitting a trademark or copyright infringement notice does not constitute consent.
Disclaimers and Limitations of Liability
Your access to and use of the Website and Services is at your own risk. The Website and Services are provided “as is” without warranties of any kind, either express or implied.
We make no warranties that the Website or Services will meet your requirements or that they will be uninterrupted, secure, timely or error-free. We also make no warranties as to the reliability or accuracy of any information on the Website.
Any downloaded material is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system, mobile device or loss of data from downloading materials.
Under no circumstances, including negligence, shall Pentonic be liable for any direct, indirect, special, incidental or consequential damages arising from use of the Website or Services. These exclusions include, without limitation, loss of profits, loss of data, loss of business or damages that result from inaccuracies, omissions, delays, defects or errors on the Website or Services.
In no event shall our total liability to you exceed the amount of fees paid by you in the past year, or $100 USD if no fees paid.
The foregoing exclusions and limitations apply to the fullest extent permitted by law. If any exclusion is deemed unenforceable, our total liability in all circumstances shall not exceed $100 USD.
Indemnification
You agree to defend, indemnify and hold harmless Pentonic and our officers, directors, employees, agents, affiliates, vendors and suppliers from any damages, liabilities, claims and expenses arising from your use of the Website and Services, including any User Content you submit.
Termination
We reserve the right to restrict, suspend or terminate your access to the Website or Services at any time and for any reason without prior notice or liability. We also reserve the right to alter these Terms at any time by posting the updated Terms on the Website.
You may terminate your Pentonic account and stop using the Website and Services at any time. However, certain provisions of these Terms naturally survive termination.
Governing Law and Disputes
These Terms shall be governed under the laws of the State of Tennessee without regard to its conflict of law principles. Any dispute arising from or relating to the Website, Services or Terms shall be resolved in a Tennessee state court or federal court located in Nashville, Tennessee.
Notwithstanding the foregoing, we may seek injunctive relief to stop unauthorized use of the Website, Services or infringement of intellectual property rights in any jurisdiction.
Entire Agreement
These Terms including the Privacy Policy incorporated herein constitute the entire agreement between you and Pentonic related to your use of the Website and Services. These Terms supersede any prior statements, representations or agreements on the topics addressed.
Thank you for visiting our Website. Please contact us if you have any questions about these Terms.
Contact Information
Pentonic Pen Co. LLC
123 Main St.
Nashville, TN 37207
Email: [email protected]
Phone: (615) 555-1234