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Terms & Conditions

Last Updated: May 1st, 2020

TERMS & CONDITIONS

This website is owned and operated by PHIDON PENS LIMITED, a company incorporated under the laws of the Province of Ontario, Canada. Wherever applicable, the terms  “We”, “Website” and “Phidon” are used interchangeably to convey the same intent and meaning.

The Terms & Conditions and the Policies stated herein form the basis of engagement with the User of this Website. The user and the customer upon placing an order through this Website agrees to comply with these terms and conditions in entirety and without exception.  Accordingly, by accepting the Terms and using or transacting on this Website, the user irrevocably declares and undertakes that he/she/they are of legal age of 18 years or older and have the capacity of entering into a binding contract and by agreeing to do so, such acceptance shall be deemed to form the basis of a contract between the Website and the user in accordance with the applicable laws.

We reserve the right to change these Terms & Conditions and Policies at any time and they will become enforceable when posted on the Website thereby superseding any prior Terms including and not limited to pricing, special promotions, announcements, events and the user will be deemed to have accepted such Terms & Conditions as modified.

1. INDEMNITY

The User hereby indemnifies and holds harmless Phidon Pens Limited, a legal entity as aforementioned, owning and operating the Website, its affiliates, vendors, representatives, employees, workshop instructors, directors, officers and their respective agents, collectively known as indemnified parties, from and against any losses (direct or consequential), liabilities, law suits & proceedings, damages including reasonable legal fees made by third parties  on account of User’s breach of these Terms & Conditions or on account of User’s violation of any law or rights of a third party. Furthermore the User holds to indemnify the above referred Indemnified Parties from any damage suffered by a third party to its Intellectual Property Rights, confidential and proprietary information due to User’s violation of the User’s use of the Website.

2. BASIC CONTRACTUAL TERMS

a) The User affirms that they have a legal capacity to browse and use the Website and any products purchased from the Website will not be used for any illegal purposes and will not be put to any use that may infringe the laws of Canada or of the User’s jurisdiction.

b) We reserve the right to refuse to provide service to a prospective User without assigning a reason. Notwithstanding such refusal, Phidon   reserves the right to enforce the provisions of other terms and conditions as stated in this document and such right will survive the refusal to provide the service.

c) We reserve the right to change the prices on the Website without prior notice and the prices as posted at the time of completing the order shall be applicable. However, in event the product is out of stock at the time the User places an order for future delivery, any price differential at the time of actual delivery will be to the User’s account.

d) The contents contained in this Website are the property of Phidon Pens Limited and are thus copyrighted. It is agreed and understood that the content provided on this website has partially been provided by various manufacturers and their legal right to Copyright is strictly enforceable under the terms of use of this Website.

e) The right of use of Trademarks for various products and services is strictly for the use of this Website by Phidon Pens Limited and the User agrees not to use the same for any purpose that may harm the interest of the owner of the Trade Mark.

f) The User expressly agrees that the Website will not be used in any form or manner to harass, insult, defame, abuse, slander or discriminate the owners of the Website or other parties directly or indirectly involved with this website including other users. The Users are advised that such acts may constitute criminal offence and Phidon reserves the right to seek legal remedies.

g) The User agrees not to reproduce, copy or resell any content or portion of this website without prior written approval of Phidon Pens Limited.

3. WARRANTIES

It is agreed and understood that Phidon Pens Limited does not provide any Warranties either express or implied for this website including the content contained therein, uninterrupted, accurate and timely provision of website service which is provided on an “As Is” basis. Phidon disclaims all warranties expressed or implied, including, but not limited to implied warranties or merchantability and fitness for a particular purpose and non-infringement in accordance with the applicable laws.

4. LIMITATION OF LIABILITY

In accordance with applicable laws, it is understood that Phidon Pens Limited will not be held liable for and direct or consequential damages including but not limited to lost revenue and profits, loss of data and information, replacement cost or similar damages  incurred by the User from the use of this Website of from the use of products contained herein.

5. BILLING & ORDER PROCESSING

It is agreed that User will provide accurate personal information including full legal name, address, telephone number, email address, and complete credit card information in order to process the order. We reserve the right to process as we deem fit with respect to quantity shipped and bill accordingly. This right also includes cancelling the order if it would appear that the same is not being ordered by the end consumer, the decision of which will be solely ours.

6. ERRORS OF OMISSION

We reserve the right to correct any errors of omission including typographical errors, inaccurate information pertaining to price, product description, special offers, shipping details without any prior notification. Due to such inaccuracies or omissions, there will be no obligation on our part to amend , change, delete or add any information within any specified time period. The discretion to do so will be entirely of Phidon Pens Limited.

7. THIRD PARTY LINKS

The Website may contain third party links relating to products and services which may be provided for information and product knowledge purposes. We will not be responsible for the content and accuracy thereof and accordingly do not offer any warranties for the same. We are not to be responsible for any damages or loss suffered by the User should they be relying on such links. Users are advised to govern themselves prior to engaging with or relying on such third party links.

8. ENGAGEMENT DISCLAIMER

While operating and managing the Website, Phidon Pens Limited does not review all communication and content posted by users accessing the website and accordingly, we are neither responsible nor accountable for such content, communication and day to day activities on the Website. Phidon Pens Limited reserves the right to block, edit or remove such user generated communication that in our sole opinion is misleading, fraudulent, obscene, defamatory, offensive, intimidating and is in possible violation of any trademark, copyright or IP belonging to Phidon, its related parties or any brands represented by us.

9. TERMINATION

It is understood that the User, upon accessing the website and engaging in the shopping process, is in agreement with all the Terms & Conditions and Policies stated herein. Phidon Pens Limited reserves the right to terminate these Terms and Conditions at any time without serving any prior notice and without reason. However, the provisions relating but not limited to Indemnity, Warranties, Limitation of Liability, Copyrights, Trademark and Disclaimer shall survive the termination.

10. NOTICE

Notice  for any purposes relating to the Website will be deemed to have been served to the user by means of e-mail, personal inbox of various social media platforms, if applicable or by way of general notice on our website.

PRIVACY POLICY

Phidon Pens Limited is committed to keeping your personal information private and confidential.

1. INFORMATION COLLECTION & USE

a) Phidon Pens Limited is the sole owner of the information collected on this website. We do not sell  or transfer information collected from the users or others in any form or manner to third parties.

b) Information is collected from the user upon registration on the website, while placing an order and while participating in any contests, events or surveys.

c) Information collected is typically, name, email, telephone number, physical mailing address, shipping address, credit card information any other information that may be required for the user to access the website.

d) Collection of information about gift certificates like, recipient’s name, address, email etc. Unless requested, we will not contact the recipient upon your behalf.

e) We use “Cookies” in order to provide and enhance better user experience and in the process will collect information about visitors and visits to the website.

f) In addition to your personal information, we also collect and or screen device information (IP address) in order to screen for fraud and commercial risk.

2. SHARING OF PERSONAL INFORMATION

Information collected, as indicated above, is shared with third parties only for specific purposes namely, operating the e-commerce platform, web hosting, data analysis for improving operating efficiencies in turn to improve customer experience. From time to time we may use other parties for specific purposes and such engagement will be posted under this section at that time.

Information may also be shared with government agencies to comply with applicable laws and to protect our interests.

3. DATA RETENTION

Information relating to your order is retained by us for archival purposes for the time period as we may deem necessary. It may be noted that we do not have the provision of altering our website in event we receive Do Not Track signal from your browser.

4. CHANGES TO POLICY

The Privacy Policy may be changed any time at our discretion without prior notice and the change will be dated under this section.

5. CONSENT

It is agreed that by using our site, you have consented to our Privacy Policy.

6. FEEDBACK

Please contact us if you have any questions and we will be happy to answer them. We also welcome your feedback in order to provide you with better service.

SHIPPING POLICY

We ship all orders via Canada Post Expedited Service. Our shipping rates in C$ are:

Orders > $100.00 within Canada Free
Orders < $100.00 within Canada $9.95 plus HST
Orders > $250.00 to USA FREE
Orders < $250.00 to USA $25

 

For shipping rates to other countries, please email us at phidonpens@bellnet.ca

  • Tracking numbers will be sent to the customer upon shipping.
  • Delivery period will vary depending upon destination.
  • For high value shipments we recommend purchasing additional insurance. Estimates can be provided at the time of placing the order.
  • Please expect delays in delivery schedules due to inclement weather. During winter months we may delay or stop shipping ink bottles at our discretion, depending upon the weather conditions at the time.

If you have any specific questions about shipping, please feel free to contact us.

SERVICE & EXCHANGE POLICY

As an authorized dealer for all products sold by us, we extend the manufacturer’s warranty for any manufacturing defects in the product. Please note that there is no additional warranty coverage provided by Phidon beyond that of the manufacturer.  Please refer to the warranty certificate provided with the product (usually pens only) as the warranty time coverage varies from company to company.

If there is a manufacturing defect, please bring the product back to us with the original receipt and we will send it to the company on your behalf. In some cases, there may be a shipping charge applicable. Service time may vary from case to case for which we will advise you in advance.

The decision on whether the product has a manufacturing defect is at the sole discretion of the manufacturer. Depending upon the warranty period, the product may either be repaired or replaced with the same or an equivalent model.

We do not offer any exchange or refund of products purchased from us.