PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCTS ON THE WEBSITE
Terms and Conditions of sale
These terms and conditions (the “Terms”) govern the sale of products by Pennguin Limited a company registered in England and Wales under registration number 7162277 and whose registered address is 1 Garwood Street, South Shields, England, NE33 5AG (“Pennguin”) to you (“you”/”your”) on this website (the “Website”).
We offer a wide range of products, and sometimes additional terms may apply to specific portions or features of the Website, including, promotions or other similar features, all of which terms are made a part of these Terms by this reference. We will direct you to the additional terms and conditions at the time that you interact with us on this Website in relation to the relevant product or feature. Please read such additional applicable terms and conditions carefully.
1. INFORMATION ABOUT US
We are Pennguin Limited a company registered in England and Wales under registration number 7162277 and our registered address is 1 Garwood Street, South Shields, England, NE33 5AG, United Kingdom. We are authorised to sell the products on this Website by Scholl's Wellness Company Limited, a company registered in England under registration number 13213086 (“Scholl”)
2. Questions or Complaints
2.1 If you have any questions, complaints or comments on these Terms or your orders for the products, please contact us here. If you have any questions, complaints or comments on the products please contact Scholl utilising the contact details provided on the relevant product packaging.
3.1 These Terms apply to any contract entered into by us and you and to all offers, sales and purchases of products which are sold through the Website.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The product sent to you may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our Website.
4.3 We may change the product:
4.3.1 to reflect changes in relevant laws and regulatory requirements; and
4.3.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5. The ordering process and order confirmations
5.1 If you place an order for a product on our Website by following the steps set out on our Website, this order will constitute an offer by you to us to purchase the relevant product(s). All orders are subject to availability and to acceptance by us. The contract for purchase of the relevant product(s) is only entered into when we send you an email confirming acceptance of your offer or display to you a confirmation screen confirming acceptance of your offer and that payment has been received by Pennguin.
5.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.3 We reserve the right not to accept and/or to cancel an order for any reasonable reason including, but not limited to, where:
5.3.1 we have not been able to obtain authorisation for payment;
5.3.2 the product is out of stock;
5.3.3 we have identified an error in the price or description of the product;
5.3.4 we are unable to meet a delivery deadline you have specified;
5.3.5 the information you have provided in respect of your order is corrupted, unsupported technically or inadequate for any reason;
5.3.6 your order breaches any of these Terms; or
5.3.7 we have reasonable grounds to believe your order is fraudulent.
5.4 If we cannot accept or cancel your order, we will contact you to explain this and any sums paid will be refunded in accordance with these Terms.
6.1 The costs of delivery will be as displayed to you on our Website. These will be made available prior to you finalising your order and may depend on different options you have chosen for delivery.
6.2 During the order process you may be able to choose a delivery method and timeframe. If not specified, we will deliver them to you as soon as reasonably possible. We will do our best to keep you updated and ensure you can track your delivery’s progress and latest estimated delivery date. If you have any questions about delivery of your order, please contact us here
6.3 The Website is solely for the promotion and sale of our products in the UK (including Northern Ireland and Channel Islands). Unfortunately, we do not accept orders from addresses outside the UK.
6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to receive a refund for any products that have been paid for but not received.
6.5 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may cancel your order and you may have to compensate us and/or our selling agent for the costs we will have incurred as a result.
6.6 We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. Prices and payment
7.1 The price due and payable by you for the products you are intending to purchase shall be as stated on this Website at the time you place your order except in the case of obvious or manifest error. Prices may change at any time but price changes will not affect confirmed and accepted orders placed prior to the date of any such change. If the price of a product is obviously wrong, we will not be obliged to provide the relevant product to you at that price and will give you the option of confirming your order at the correct price or cancelling your order, in which case we will refund any incorrect payments collected in respect of such order in accordance with these Terms.
7.2 Prices shown on the Website are inclusive of VAT at the applicable rate.
7.3 When making your payment, it is imperative that you provide the information that the Website specifies is required. Your bank or credit card will be debited immediately upon placing your order. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours and/or you have authority to use it. All fields indicated as compulsory must be completed. We do not sell products for purchase by children.
7.4 If you think an invoice is wrong please contact us here promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8. When the Products become your responsibility
8.1 A product will be your responsibility from the time we deliver the product to the address you gave us. Ownership of, or title to the products shall not pass to you until we have received payment in full.
9. Changes, cancellation, returns and refunds
9.1 If you wish to make a change to your order please contact us here as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, timing or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change.
9.2 If you have received a faulty product, please contact us here as soon as possible.
9.3 If you are a consumer and you wish to exercise your legal rights to reject products within 14 days, please contact us here. Your right as a consumer to change your mind does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. We will pay the costs of postage or collection if you are eligible to reject the relevant products in its original packaging. If you are a business customer, please see section 10 below (Your rights in respect of termination and defective products) for more details on your rights in respect of defective products.
9.4 If you are eligible for a refund, we will reimburse the price paid for the relevant product onto the credit or debit card that it was paid with. Alternatively, we may offer at our sole discretion to send a replacement of the relevant product free of charge subject to these Terms. Please contact us here to discuss.
9.5 Refunds cannot be given if the fault is a result of your own actions such as product misuse, misunderstanding instructions, or if you are otherwise responsible for the fault.
10. Your rights in respect of Termination and defective products
10.1 If you are a business customer, we warrant that on delivery and for the period up to and including the final day of expiry of the “Expiry Date” as marked on the products, the products shall comply fully with all UK legislation relating to the manufacture and supply of such products as in force at the date of Your order. Subject to section 10.2, if:
10.1.1 you give us notice in writing during the warranty period within seven (7) days of discovery or for latent defects within a reasonable time of discovery that a product does not comply with the warranty set out in section 10.1;
10.1.2 we are given a reasonable opportunity of examining that product; and
10.1.3 you return that product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
10.2 We will not be liable for a product's failure to comply with the warranty in section 10.1 if:
10.2.1 you make any further use of such product after giving a notice in accordance with section 10.1.1;
10.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;
10.2.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
10.2.4 you alter or repair the product without our written consent; or
10.2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.3 Except as provided in this section 10, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in section 10.1.
10.4 These terms shall apply to any repaired or replacement products supplied by us under section 10.1.3.
11. Other Important Terms
- Please ensure that you have read and understood the following documents in addition to these Terms: website access terms and conditions;
12. How we may use your personal information
12.1 We are committed to protecting your privacy and only uses any personal data that we collect from you, or that you provide to us, in accordance with applicable data protection laws and regulations.
13. Our LIABILITY
13.1 If you are a consumer, the following will apply:
13.1.1 You have certain legal rights, including that we and/or our selling agent will provide products of a satisfactory quality and that we will provide the products in accordance with these Terms. You have certain legal remedies if we and/or our selling agent breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled. If you are a business customer. please see section 10 above (Your rights in respect of defective products) for a summary of your rights in respect of defective products. For more information about your legal rights in the UK contact your local Citizens Advice Service, visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06 or contact the Trading Standards Service.
13.1.2 Neither we / our selling agent will be responsible for losses and damage that you might suffer which are: (a) not caused by us or our selling agent’s breach of these Terms; (b) a side effect of the main loss or damage and which are not reasonably foreseeable by you and us or our selling agent when you place the order on the Website; (c) a result of our failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our / our selling agent’s refusal to accept an order for any reason; (d) a result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our or our selling agent’s negligence); (e) caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the Website (including your downloading any content from the Website or any website linked to it); or (f) caused by failure to meet any of our or our selling agent’s obligations where we or our selling agent are prevented from doing so by events beyond our control.
13.2 If you are a business, the following will apply:
13.2.1 To the extent possible under applicable law and except to the extent expressly stated otherwise in these Terms, we exclude all implied conditions, warranties, representations or other terms that may apply to these Terms (including but not limited to terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982).
13.2.2 Subject to section 13.3:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit (whether direct or indirect), or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
13.3 Notwithstanding anything to the contrary, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
14.1 If you are a business customer these Terms constitute the entire agreement between you and us with respect to your purchase and no representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.
14.2 If any provision of these Terms is found by a court or a regulator to be illegal, void, invalid or unenforceable the other provisions shall continue to apply and such provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
14.3 These Terms are not intended to give rights to anyone except you and us (including any of our affiliates). Except for Scholl that shall have the right to enforce these Terms, none of these Terms will be enforceable by any other third party including (if you are domiciled in the UK) any enforcement through the Contracts (Rights of Third Parties) Act 1999.
14.4 We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15. GOVERNING LAW AND JURISDICTION
15.1 In the event of any dispute between you and us arising out of or in connection with these Terms, the laws of England and Wales will apply.
15.2 If you are a consumer and if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and if you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.3 If you are a consumer and if you live in England or if you are a business, the English courts shall have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims) that may arise out of or in connection with these Terms.
These Terms were last updated on 01 March 2022.
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