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Conditions of sale of the Penosil online shop

1. General provisions
1.1. The seller is Wolf Group UK Trading Ltd, registry code 7381628, address, 203 The Bridgewater Complex, Canal street, Bootle, Liverpool, L20 8AH, Telephone number of customer support 01515500179 the e-mail address of customer support:orders.uk@wolf-group.com website https://penosil.com/uk.
1.2. The purchaser is a natural or legal person who purchases goods from the seller in the online shop (online shop) on the website https://penosil.com/uk (website).
1.3. A consumer is a physical person who makes a purchase in an online shop that is not related to their economic or professional activities. If the purchaser makes a purchase related to their economic or professional activities, i.e. if the purchaser is a legal person or a self-employed person, they are not a consumer, and provisions concerning consumers’ rights arising from the law and these general conditions of sale (conditions of sale) are not applied to the purchase.
1.4. The conditions of sale are applied to the sales contracts of goods (goods) offered for sale in the online shop entered into between the seller and the purchaser (the contract).
1.5. The contract is deemed to have been entered into once the purchaser has confirmed that they agree with the conditions of sale and the privacy rules, placed an order, and paid the purchase price of the goods and the delivery fee to the seller in accordance with the instructions provided in the online shop and the paid amount has been transferred to the seller’s bank account.
1.6. Under the contract, the seller undertakes to deliver to the purchaser the goods the latter has ordered in the online shop and transfer the right of ownership of the goods whereas the purchaser undertakes to pay the seller the purchase price of the goods in money and accept the goods.
1.7. The seller publishes the current conditions of sale on the website. The seller has the right to unilaterally amend the conditions of sale at any time by publishing the amendments on the website. The contract is subject to the conditions of sale valid at the moment of entry into the contract.

2. Placement of orders for goods
2.1. To use the online shop, the purchaser may create a user account in accordance with the instructions provided on the website. The user account enables the purchaser to manage their orders, addresses and account settings. Purchasers who have not created a user account can also place orders in the online shop.
2.2. To buy the goods, the purchaser places an order in the online shop.
2.3. To place an order, the purchaser must add the requested goods to the shopping cart, select the suitable delivery method (parcel machine, courier service, etc.) and place of receipt (the location of the parcel machine or the address to which the courier delivers the goods), enter their details (name, address, e-mail address, telephone number, etc.) and fill in other required data fields according to the instructions provided in the online shop. If the purchaser is not a consumer, they must fill in additional data fields (company name and registry code) according to the instructions provided in the online shop when placing an order.
2.4. The purchaser must enter correct information which makes it possible to identify them and perform the contract, including contacting the purchaser when necessary and delivering the goods.
2.5. The purchaser must read the conditions of sale and the privacy rules before placing an order for goods in the online shop and confirm that they agree with them upon placing an order.

3. Goods
3.1. Orders can be placed for goods that are available in the online shop.
3.2. If after the placement of the order and before its execution it becomes evident that the goods are not available (i.e. out of stock), the seller notifies the purchaser thereof and the parties agree on the replacement of the ordered goods with alternative goods that have similar characteristics and price levels or the extension of the deadline for delivering the ordered goods. If the purchaser does not agree with the replacement of goods or the extension of the deadline for executing the order, the seller has the right to withdraw from the contract pursuant to clause 5.9, refunding all the payments received from the purchaser under the contract (including the delivery fee).
3.3. Information concerning the characteristics of every item of goods has been provided in the online shop, including its key features, area of use, information concerning the packaging, technical data sheet, safety data sheet, certificate, instructions for storage, use and installation and other relevant information.
3.4. The goods must meet the contract terms. The goods meet the contract terms if:
3.4.1. the description, type and quantity of goods correspond to the purchaser’s order;
3.4.2. the goods are fit for the purposes for which they have been designed according to the information provided in the online shop;
3.4.3. the goods are of the quality typical of this type of goods and have regular performance features, including with regard to their durability, manner of use and safety which can be reasonably expected by the purchaser, based on the nature of the goods, labeling, advertisements published by the seller and the information provided on the characteristics of the goods in the online shop; and
3.4.4. the goods are delivered to the purchaser as a complete set (i.e. with all the accessories belonging to the set) along with all the primary instructions for storage, use and installation.
3.5. If a date of expiry has been determined for the goods, they must meet the conditions referred to in clauses 3.4.2 (intended use) and 3.4.3 (quality and performance) before the date of expiry.

4. Price of goods, delivery fee and payment terms
4.1. The price of the goods is indicated next to every item of goods in the online shop. VAT at the rate provided by law is included in the price of the goods.
4.2. In addition to the price of the goods, the purchaser pays the seller a fee for delivering the goods (the delivery fee). The amount of the delivery fee depends on the delivery method selected by the purchaser when placing the order, the provider of the delivery service, the number of goods, their volume and the place of delivery, etc. The amount of the delivery fee is displayed to the purchaser in the online shop before the confirmation of the order.
4.3. The purchaser pays the price of the goods and the delivery fee when placing the order, using bank links accessible via the online shop or card payment. Payments are made outside the online shop, in the payment environment of the bank or payment service provider, following the instructions provided there.
4.4. Once the purchaser has paid the price of the goods and the delivery fee, the seller sends them a confirmation by e-mail.

5. Delivery of goods to purchasers
5.1. The seller delivers goods to purchasers within the United Kingdom. Goods cannot be ordered for delivery outside the United Kingdom.
5.2. Goods are delivered to a parcel machine or using the courier service, based on the selection made by the purchaser in the order. Purchasers cannot order goods to parcel machines if the goods cannot be placed in a parcel machine due to their nature or quantity. In this case, the goods are delivered using the courier service.
5.3. If a purchaser has ordered goods to a parcel machine, the goods are deemed to have been delivered when they are ready to be collected by the purchaser in the parcel machine of their choice. If the purchaser selected the delivery by courier, the goods are deemed to have been delivered when the courier has handed them over to the purchaser. 
5.4. As a general rule, goods are delivered within three to five days of the placement of the order and within 30 days of entry into the contract at the latest.
5.5. The seller notifies the purchaser if goods cannot be delivered within 30 days of entry into the contract. The purchaser has the right to withdraw from the contract if they lose interest in purchasing the goods because the deadline for delivery has been exceeded. In this case, the seller fully refunds the price of the goods and the delivery fee to the purchaser.
5.6. The purchaser is notified of the arrival of goods in the parcel machine determined by them by SMS or e-mail. The goods are kept in the parcel machine until the storage deadline is determined in the terms and conditions of the parcel machine service provider. The goods are returned to the seller after the storage deadline.
5.7. If goods are delivered by a courier, the provider of the courier service notifies the purchaser of the exact time of delivery, or the service provider and the purchaser agree on a time of delivery. 
5.8. The seller is not liable for any delays in the delivery of goods or the impossibility of delivery if it has been caused by the submission of incomplete or incorrect data or the purchaser’s delay in accepting the goods or any other reason arising from the purchaser.
5.9. The seller has the right to withdraw from the contract if the stock of goods has run out, if the price, characteristics and availability of the goods have been incorrectly displayed in the online shop or if the goods cannot be delivered to the purchaser within 30 days of entry into the contract. In this case, the seller contacts the purchaser using the contact details indicated in the order and returns the payment received under the contract, including the delivery fee, to the purchaser’s bank account. The seller is not obligated to pay the purchaser any other compensation in this case. The seller has the right to deduct costs related to the delivery of goods from the amount to be returned to the purchaser if the goods could not be delivered due to a delay caused by the purchaser or any other reason arising from the purchaser.
5.10. The main instructions for the storage, use and installation of goods are provided on the label on its packaging. The information concerning the characteristics of goods referred to in clause 3.3 and the instructions for storage, use and installation are also available to purchasers on the website.

6. Withdrawal right of consumers
6.1. Consumers have the right to withdraw from the contract without disclosing the reason therefore within 14 days from the day when they received the goods. Purchasers who bought the goods in connection with their economic or professional activities do not have the withdrawal right indicated in this clause.
6.2. A consumer is deemed to have withdrawn from the contract in time if they have sent a notification to the seller within 14 days of receiving the goods. 
6.3. In order to withdraw from the contract under clause 6.1, the consumer must submit a request for withdrawal via the seller’s website in accordance with the instructions provided there. If the consumer is unable to submit the request via the website, the express request for withdrawal must be submitted using the seller’s contact details provided in clause 1.1 at least in a format that can be reproduced in writing (e.g. by e-mail), indicating the following details: the consumer’s first name and surname, address, e-mail address, telephone number, name of the goods, date of ordering and receiving the goods and the bank account number (IBAN) to which the seller must return the payment received under the contract.
6.4. If the consumer withdraws from the contract under clause 6.1, they must return the goods to the seller’s address provided in clause 1.1 within 14 days of submitting the request for withdrawal. The consumer pays for all the costs of returning and removing the goods.
6.5. If the consumer withdraws from the contract under clause 6.1, the seller returns all the payments received from the purchaser under the contract, including the delivery fee, to the consumer’s bank account indicated in the request for withdrawal within 14 days of receiving the request. If the consumer has chosen a method of delivery different from the most favourable method of delivery offered by the seller, the seller is not required to refund the consumer the delivery fee exceeding the cost of normal delivery. The seller may refuse to return the payment until they have received the returned goods and verified that their value has not decreased due to the consumer’s failure to use them in accordance with clause 6.6.
6.6. Goods returned under clause 6.1 must be in their original packaging and complete, i.e. all the items in the product packaging must be returned. The consumer may handle the goods to be returned only in order to verify the nature, characteristics and performance thereof in a manner that would normally be allowed in a shop, i.e. single packages (e.g. cartridges, rolls) may not be opened. If the returned goods are not in their original packaging or are incomplete or the consumer has handled or used goods in a manner not allowed according to the previous sentence, causing the value of the goods to decrease, the consumer is liable for the decrease in the value of the goods and the seller has the right to reduce the payment to be returned to the consumer accordingly.

7. Seller’s liability
7.1. The seller is liable for the non-compliance of the goods with the contract terms (the deficiency) which existed at the moment of delivering goods to the purchaser, even if the deficiency is revealed later. 
7.2. If the purchaser is a consumer, the seller is liable for any deficiencies of the goods which existed at the time of delivery to the consumer and which occur within two years of delivering the goods to the purchaser. If the purchaser is a consumer, it is assumed that deficiencies revealed within a year of delivery of the goods to the consumer existed at the time of delivery, if such an assumption is not contrary to the nature of the goods or the deficiency.
7.3. The seller is not liable for any deficiencies of the goods that are revealed after the date of expiry of the goods if such a date has been determined.
7.4. If the purchaser has bought the goods for their economic or professional activities, they must examine the goods and notify of any deficiencies, describing them in sufficient detail, within a reasonable time after they become or should become aware of them.
7.5. If the purchaser is a consumer, they must notify the seller of any deficiencies of the goods within two months of becoming aware of them.
7.6. If the goods have deficiencies, the purchaser has the right to demand that:
7.6.1. the seller replace the goods, at their own expense, with goods without any deficiencies or
7.6.2. the seller returns all the payments received from the purchaser under the contract, including the delivery fee. However, if the purchaser has chosen a method of delivery different from the most favourable method of delivery offered by the seller, the seller is not required to refund the delivery fee to the extent it exceeds the cost of normal delivery.
7.7. The purchaser does not have the right to demand that goods with deficiencies be replaced under clause 7.6.1 if the replacement of the goods is not reasonably possible (e.g. because the stocks have run out). In this case, the purchaser has the right to demand that the seller refund all the payments received from them under the contract in accordance with clause 7.6.2.
7.8. If the seller replaces goods with deficiencies in accordance with clause 7.6.1 or returns the payments received from the purchaser under the contract in accordance with clause 7.6.2 or 7.7, the purchaser must return the goods with deficiencies to the seller. The seller has the right to refuse to deliver replacement goods or return payments made for the goods until they receive the goods to be returned from the purchaser.
7.9. The seller covers the costs associated with returning and replacing goods with deficiencies, including delivery and postal costs. Once the purchaser has returned the goods with deficiencies, the seller compensates for the delivery costs. If the purchaser has chosen a method of delivery different from the most inexpensive normal method of delivery offered by the seller for returning goods with deficiencies, the seller is not required to refund the cost of returning goods to the extent it exceeds the cost of normal delivery.
7.10. The seller is not liable for deficiencies of the goods if these did not exist at the time of delivery. Among other things, the seller is not liable for the deficiencies of the goods and the purchaser does not have the rights indicated in clause 7.6 if the deficiency has been caused by the following:
7.10.1. normal wear and tear of the goods;
7.10.2. the use of the goods for purposes other than those it has been designed for;
7.10.3. noncompliance with instructions of storage, use or installation of the goods;
7.10.4. making modifications to the goods (reprocessing, mixing) or other similar activities.

8. Processing of personal data and direct marketing
8.1. The seller processes the personal data of purchasers who are natural persons or representatives of legal persons (including their name, telephone number, e-mail address and bank account number) in accordance with the seller’s privacy terms. The seller uses the above data and generally transfers them to third parties (e.g. providers of parcel machines or courier services) only for the performance of the contract, including the processing of the order and the delivery of goods to the purchaser.
8.2. The seller may send direct marketing materials to the purchaser, including newsletters and offers, only if the purchaser has given their explicit consent. Consent may be withdrawn by the purchaser at any time.

9. Resolution of consumer disputes
9.1. If purchasers have questions or complaints with regard to the goods or the contract, these must be submitted to the seller, using the contact details provided in clause 1.1. The seller responds to inquiries and complaints within two weeks of receiving them at the latest. Consumers may also file their complaints via an online dispute resolution platform, which is available here.
9.2. If the goods fail to comply with the contract terms, consumers have the right to use the legal remedies provided for in law.
9.3. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
9.4. Consumers may also have recourse to the court of their place of residence in order to protect their rights.