Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.
This page states the Terms and Conditions (the "terms") under which you may use the website located at www.penfield.com (the "website") and which govern our supply of goods to you.
Penfield is owned by Brand Machine International Limited registered in England and Wales with company number 06873920 whose registered office is at Unit 1, Windsor Industrial Estate, 424, Ware Road, Herford, SG13 7EW.
Penfield referred to as “we”, “us” or “our” in these terms, may revise these terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. Continued use of the website constitutes your agreement to all such revised terms. If you do not accept the Terms and Conditions stated here, do not use the website.
The terms "you", "your", "yourself" and "yours", when used in these terms, include any user of the website. Currently, orders for goods from this website may only be placed by consumers.
In using this website and by placing an order, you warrant that you are legally capable of entering into a binding contract and that you are at least 18 years old.
Description of Goods
The description and price of the goods you order will be as shown on this website at the time you submit your order. You can correct any errors to your order up to the point at which you click on "Complete Order" on the final page of the ordering process.
Sometimes the product specifications of goods may change, in which case we will offer you a reasonable substitute of the same or better quality at the same price. All sizes and measurements are approximate but we try to ensure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it within a reasonable amount of time.
Every effort is made to ensure that colours are accurately represented online in our photography and colour swatches. Colour variation can occasionally occur owing to screen brightness and contrast settings. We accept no liability for variations in colour. This does not affect your right to return goods.
We do not accept liability for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
Goods are subject to availability. If on receipt of your order, the goods are not in stock, we will contact you within a reasonable amount of time and you are free to cancel your order. If you wish to cancel your order we will refund or credit you for any sum that has been paid by you or debited from your credit card or other account for those goods. ? There may be restrictions in place from time to time in relation to the number and type of goods that can be purchased and the maximum sum of money which may be spent on any one order. If any restrictions apply you will be notified of these before you submit your order.
Every effort is made to ensure that prices shown on this website are accurate at the time you place your order. If an error is found, we will contact you within a reasonable amount of time and offer you the option of reconfirming your order at the correct price or cancelling your order with a full refund or credit.
The price of goods shown on this website does not include the cost of delivery.
Details of delivery charges are shown on the payment page when you make an order. Prices and delivery charges include sales tax where applicable. Where appropriate, sales tax is charged at the rate prevailing at the relevant tax point. Sales tax will be shown separately on your statement.
Goods and promotions offered on this website may not necessarily be available in store and vice versa. Offers are only available subject to their specific terms and conditions which will be shown on this website.
Discount codes are for one-time use only. Balances will not be transferred. Please check the expiry dates when issued.
Payment for goods and delivery charges can be made by any method shown on the website at the time you place your order.
Credit and debit cards will be authorised against the transaction when you submit your order, we aim to dispatch goods to you within 2 working days of receipt of payment by us.
The goods you order will be delivered to the address you give when you place your order, subject to payment of the relevant delivery charge. If we do not deliver to a particular destination you will be so notified by us before you submit your order or as soon as possible thereafter.
We aim to dispatch all deliveries within 48 hours (Monday - Friday (but excluding bank or public holidays in England, Scotland and Wales)) or as soon as possible thereafter subject to the goods being in stock.
If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify you of an alternative delivery date, an alternative place to collect the goods, or details of how to arrange an alternative delivery date.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted by us and in any event within 15 days of your order. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible.
Your right of cancellation
You have the right to cancel the contract at any time up to the end of fourteen working days after you receive your goods. A working day is any day other than weekends and bank or other public holidays.
To exercise your right of cancellation, you must give written notice to us by email, at the email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
If you exercise your right of cancellation after the goods have been delivered, you will be responsible for returning the goods to us at your own cost (unless we delivered the goods in error or if the goods are damaged or defective when delivered). You must take all reasonable care to ensure that the goods are not damaged in the meantime or in transit.
Once you have notified us that you are cancelling the contract, we will refund or credit you within 14 working days of receipt of goods in the condition you received it for any sum that has been paid by you or debited from your credit card or other account for those items.
We are unable to amend or cancel customer orders once these are confirmed on the website.
Returns and Refunds
In addition to your rights of cancellation if you wish to obtain a refund, the goods must be returned to the address below within 28 days of your receipt of those goods in the same condition in which they were sent to you and our Returns Policy will apply.
You will be liable for paying the postage charge for returning non-faulty items. We recommend obtaining a proof of postage certificate incase of loss and/or using a postal service with insurance or tracking as the goods will remain your responsibility until we confirm receipt of your return.
We will not be held accountable if you choose to return an item using a non-nominated courier service.
We will usually refund any money received from you using the same method originally used to pay for your purchase. The delivery cost you originally paid is non-refundable unless we have sent you an incorrect item. If we are making a refund, we will usually do so as soon as possible and, in any case, within 14 working days of the day on which we received the returned goods in question from you.
If you wish to obtain a refund because of a defect in the goods, you will be refunded in full provided that we are satisfied that the defect is genuine and that we cannot replace the goods within a reasonable period of time. This section does not affect your statutory rights.
Due to hygiene reasons, our underwear is non-returnable except on faulty goods.
Please return goods to: Penfield Returns UK, Ceva Logistics, Brand Machine International, DC3 Unit 1, Hipwell Road. North Kettering Business Park, Kettering, United Kingdom, NN14 1UA.
Risk and Title
You will become the owner of your ordered goods and responsible for the risk of loss of or damage to them once they have been tracked to the delivery address.
If you receive any goods from us that are damaged, defective or incorrect you should notify us in writing to the email address shown below. If you return the damaged, defective or incorrect item to us within a reasonable time, we will provide you with a replacement free of charge. This does not affect your statutory rights.
This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use other than recommended by us, or failure to follow our instructions.
This website is owned by Brand Machine International Limited and operated by Penfield who is owned by Brand Machine International Limited registered in England and Wales.
Registered in England and Wales with company number 06873920 whose registered office is at Unit 1, Windsor Industrial Estate, 424 Ware Road, Herford, SG13 7EW
You can contact us:
- (a) by post, Penfield. C/o Brand Machine International Limited Unit 1, Windsor Industrial Estate, 424 Ware Road, Herford, SG13 7EW
- (b) By email firstname.lastname@example.org
All content including pictures, designs, logos, photographs, text written and other materials on this website are owned, controlled or licensed to us. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.
Limitation of Liability
The terms and this clause do not affect your statutory rights if you are dealing as a consumer when purchasing the goods.
We shall not be liable to you in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which you may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by us or our agents.
Nothing in these terms shall operate so as to: exclude either party's non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents; or exclude the application of Section 12 of the Sale of Goods Act 1979; or exclude liability for fraudulent misrepresentation.
We will not be held responsible for any delay or failure to comply with the obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control.
We do not warrant that the website will operate error-free nor that the website and its server are free of computer viruses. If your use of the website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
Save as set out in these terms, we, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.
The construction, validity and performance of these terms shall be governed in all respects by the laws of England and Wales. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
The Website is based in England. Access to the Website and the material it contains may not be legal by certain persons or in certain countries. If you access the Website from outside England you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
For the avoidance of doubt nothing in these terms shall confer on any third party any benefit or right to enforce any provision of these terms.
The rights and remedies of each party in respect of these terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.
The provisions of these terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.
Modern Slavery Act Statement
This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, managers, employees, agency workers, volunteers, agents, contractors and suppliers.
The Brand Machine Limited (and all group companies) strictly prohibits the use of modern slavery and human trafficking in our operations and supply chain. We have and will continue to be committed to implementing systems and controls aimed at ensuring that modern slavery is not taking place anywhere within our organization or in any of our supply chains. We expect that our suppliers will hold their own suppliers to the same high standards.
Modern Slavery and Human Trafficking.
Modern slavery is a term used to encompass slavery, servitude, forced and compulsory labour, bonded and child labour and human trafficking. It is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery is a crime and a violation of fundamental human rights.
We are a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery.
Employment is freely chosen: there is no forced or compulsory labour in any form, including bonded, trafficked or prison labour.
Freedom of association and the right to collective bargaining are respected.
Working conditions are safe and hygienic.
Child labour shall not be used.
Living wages are paid.
Working hours are not excessive.
No discrimination is practised
Regular employment is provided.
No harsh or inhumane treatment is allowed.
As part of our ongoing risk assessment and due diligence processes, we will distribute awareness materials to help educate our people about the realities of modern slavery. This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group’s slavery and human trafficking statement for the financial year ending 30th June 2024.