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.
- 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.
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.
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.
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.
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. Any pallets and packaging will be left with you to recycle or dispose of.
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 firstname.lastname@example.org 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.
Goods which prove unsuitable may be returned for refund, credit note or exchange if they are returned to us within 14 days of receipt, or faulty/damaged Goods must be returned within 30 days of receipt. Subject to the following conditions:
- Items are returned carriage paid.
- Items must be in a re-saleable condition, dismantled where appropriate, unmarked and in original packaging.
- Items must be returned unused in their original condition, in the complete original undamaged packaging (we reserve the right to levy a charge to replace damaged, missing or defaced packaging).
- Any item has been returned for any reason other than a product fault or a mistake we have made, you will be refunded the cost of the Goods but we will not refund the original postal cost incur by the Seller or the postal charge for returning the product to us. This does not affect your statutory rights.
- Items may also be subject to a restocking fee as issued by each supplier.
- We cannot accept returns on any items, which have been specially manufactured or ordered for you.
- You must get returns authorisation from us by contacting us and receiving a unique returns number before returning the Goods.
- We cannot accept responsibility for undelivered returned parcels, please obtain proof of posting and adequate insurance for loss or damage.
- We are not responsible for any labour charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied) parts.
If any item supplied develops a fault within its warranty period from date of receipt you must inform us before returning the item and we will inform you of the returns procedure.
Your money will be refunded within 14 days of the receipt of the returned Goods.
Lines open Mon to Fri (excluding bank holidays) between 8:00AM and 5:30PM.
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.
We endeavor to respond to all complaints within five working days, and if we need to investigate your query further we will advise you.
Please send an email to email@example.com or contact our customer services via telephone.
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.
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.
All errors and omissions excepted appertaining to prices and all information provided.