Introduction
By accessing or using this website, its related software tools, or other services, you agree to be bound by our Privacy and Cookie Policy, Product-Specific Terms, and the following General Terms and Conditions (collectively referred to as the "CustomPens Terms"). You also agree to any additional terms, conditions, sales policies, or rules specified in certain areas of the website that govern your use of the site.
All products sold by CustomPens.com, as well as all orders placed with us through any other channels (such as the website, phone, or mail), are subject to these Terms of Use and Sale.
Edit, Delete, and Modify
We reserve the right to modify these terms at any time at our discretion. We retain the right to change any terms or the website at any time without notice or obligation. By accessing the website or placing an order, you acknowledge and agree to be bound by any such modifications. We recommend regularly visiting this page of the website to review these terms.
Site Usage and Prohibitions
This website allows you to shop online. However, if you are unable to enter into a legally binding contract, are under the age of 18, or are temporarily or indefinitely suspended from using our site, you may not: (a) suspend your use of our web pages, including its services and/or tools; (b) mine or collect information about user personal information; (c) manipulate the price of any item or interfere with the operation of the website in any way; (d) take any actions that could harm the rating system. To complete the registration process on our website, you must provide your full name, a valid email address, and any other information required to complete the registration process.
You must be of legal age, 18 years or older, responsible for maintaining the security of your password, and accountable for all activities and content uploaded under your account. You may not distribute any worms, viruses, or any destructive code.
Acknowledgment of Rights
The total payable price for your order is consistent with the price at the time you submit the order. The total payable price for the goods includes taxes calculated at the prevailing tax rate. Additional delivery and handling fees may apply, and we will notify you of these charges. Before requesting payment, we will inform you of the total payable price for the goods you have ordered. Occasionally, we advertise products at promotional prices. You must provide the relevant promotional code; otherwise, you may be charged the full price. Prices are subject to change without notice. Promotional offers cannot be combined with any other offers.
Generally, we must receive full payment for the entire order and any applicable fees at the time you place the order, unless we have agreed otherwise in writing beforehand. Alternatively, when completing a purchase, if you have communicated with customer service to pay the full purchase price later, you must pay the amount of the order as specified on the invoice within the timeframe indicated unless we have agreed otherwise in writing beforehand. By using PayPal or a credit card to pay for your order or purchase, you confirm that the PayPal account or credit card used is yours or that you have the right to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the card issuer refuses to authorize payment, we will not accept your order or purchase. We are not obligated to inform you of the reason for the refusal, and we are not responsible for items not delivered or provided to you. As we process your credit/debit card in accordance with your order or purchase, we are not responsible for any charges imposed by the card issuer or bank on the cardholder.
Sometimes, errors may occur, and the price of the goods may be incorrect. In such cases, we will have no obligation to supply the goods at the incorrect price. We will (at our discretion) either cancel your order and refund the amount you have paid or make reasonable efforts to contact you to inquire whether you wish to continue the order at the correct price. If we are unable to contact you or you do not wish to continue the order at the correct price, we will cancel your order and refund the amount you have paid.
The format of the invoice and statement provided to you will be entirely determined by us, and we will not make any changes to our format unless we have requested and received your explicit agreement to any proposed changes in writing at least six months in advance.
Undamaged stock products can be returned for a full refund, regardless of the reason, within 30 days of purchase, excluding bulk orders, which may not be refundable.
Many of our products are custom processing and, as a result, will differ slightly from piece to piece and cannot match the print 100%. Slight variations, defined as aesthetic differences on 5% or less of the product, are considered normal and therefore acceptable. If the goods are faulty, please let us know within 7 days of receipt if you are unhappy with your products, and we will gladly help.
In order to receive any type of refund, the goods in question must be returned to our office. Please contact your sales rep or our customer service team to arrange for a pickup or to receive a return shipping label. We will pay for shipping back to our company.
After we receive the items in question, we will inspect for defects in quality, manufacturing, and deviation in color or design. We will only issue a refund if 6% or more of the products fail inspection.
If goods are found to be within the 5% margin of error for 100% custom handmade products, we will ship them back to you and charge you the shipping costs for returning your goods to you.
If goods are found to be defective during our inspection, we will remake the products and ship the new products to you at no cost. Production time for remakes is usually 5–20 days unless otherwise agreed upon in writing.
Once an order is placed, you are free to cancel a non-rush order at any time before production has begun. Rush orders may not be canceled.
If we have not started production, you will receive a full cancellation refund.
Production starts when the mold maker begins creating the set-up for your custom product. Once this step has begun, charges are incurred and you may no longer cancel your order for a full refund.
If we have begun processing the mold for your custom order and you decide to cancel, you will be responsible for the mold charges and any other set-up fees we’ve incurred. We will deduct these enumerated costs from your payment and refund the rest of the amount you have paid.
Once we have fully manufactured the custom products you have ordered, you are responsible for the full payment amount and no cancellation refunds will be given.
Disclaimer and Limitation of Liability
You use the website and content at your own risk. The website and content are provided on an "as is" and "as available" basis. Custompens.com, along with our senior officers, employees, managers, directors, shareholders, members, agents, and licensors, disclaim all warranties, whether express or implied, regarding the website and content (including warranties of merchantability, fitness for a particular purpose, and non-infringement).
In particular, Custompens.com, along with our senior officers, employees, managers, directors, shareholders, members, agents, and licensors, make no representations or warranties regarding the availability, quantity, accuracy, or completeness of the content. Custompens.com shall not be liable for any of the following: (1) errors or inaccuracies in the content; (2) personal injury or property damage resulting from your access to or use of the website; (3) unauthorized access to or use of our servers or any personal or financial information; (4) interruption or cessation of transmission to or from the website; (5) any bugs, viruses, Trojan horses, or the like that may be transmitted on or through the website; or (6) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
Custompens.com, along with our senior officers, employees, managers, directors, shareholders, members, agents, and licensors, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of revenue, profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages or whether such damages are known or should have been known).
Force Majeure
In no event shall we be liable for any failure or delay in the supply or delivery of goods, or any damage or defect in the goods supplied or delivered, or any other liability resulting from any event or circumstances beyond our reasonable control (including, but not limited to, accidents, extreme weather conditions, fires, explosions, floods, storms, earthquakes, natural disasters, telecommunication network failures, inability to use transportation networks, mechanical failures, acts of God, terrorist attacks, pandemics, epidemics, wars, civil unrest, riots, strikes, lockouts, and other industrial disputes, government actions or restrictions, and import or export restrictions).
Privacy and Security
Our privacy policy is incorporated into these terms. You acknowledge that, for the purposes of access statistics and security, the request URL and request time of the machine initiating the request may be recorded, and you agree that your use of this website constitutes consent to such monitoring. CustomPens.com reserves the exclusive right to control access to and use of this website. You understand and agree that we reserve the right to revoke your access privileges at any time without notice or any reason.