OVERVIEW

Welcome to Penumbra Hobbies. In these Terms, the words "we", "us" and "our" refer to the sole trader operating under the trading name Penumbra Hobbies. We operate this website and online store, including all related content, features, tools, products and services (together, the "Services"). Our store is hosted by Shopify Inc., which provides us with the e-commerce platform through which we sell our products to you.

 

These Terms of Service ("Terms"), together with our Privacy Policy and Refund Policy referenced below, set out the legal terms and conditions on which we supply products to you. Please read them carefully before placing an order.

 

By accessing or using our Services, you confirm that you accept these Terms and agree to be bound by them. If you do not agree, you should not use our Services.

These Terms do not affect your statutory rights as a consumer under the laws of England and Wales, including your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

SECTION 1 — ABOUT US

Penumbra Hobbies is a sole trader business. Our contact details are:

Trading name: Penumbra Hobbies

Email: penumbrahobbies@gmail.com

Business address: 6 Bowerman Avenue, SE14 6JG, London

Telephone: +44 (0) 7548 688 358

We are not VAT registered.

SECTION 2 — ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least 18 years of age. If you are under 18, you may only use our Services with the consent and supervision of a parent or guardian who agrees to be bound by these Terms on your behalf.

To purchase from us, you may be asked to provide information including your name, email address, delivery address, billing address, and payment details. You confirm that all information you provide is accurate, complete, and up to date, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out under your account. You must not transfer or assign your account to any other person.

SECTION 3 — OUR PRODUCTS

We take care to describe and represent our products accurately. However, please be aware that colours and product appearances may vary slightly from how they appear on your screen, depending on your device's display settings and configuration. This does not affect your statutory rights.

Product descriptions are provided for information only and are subject to change. We reserve the right to discontinue any product at any time and to limit the quantities of any products we make available.

Nothing in this section affects your statutory rights under the Consumer Rights Act 2015 (see Section 6 below).

SECTION 4 — ORDERS AND CONTRACT FORMATION

When you place an order through our website, you are making an offer to purchase. A legally binding contract between you and us is only formed when we send you an order confirmation by email. We must receive and successfully process your payment before your order is accepted.

The steps to place an order are as follows:

• Browse our products and add items to your basket.

• Proceed to checkout and provide your delivery and payment details.

• Review your order summary, then submit your order.

• You will receive an acknowledgement email confirming receipt of your order. This is not acceptance.

• Acceptance occurs when we send you an order confirmation email. The contract is formed at that point.

Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to accommodate cancellation requests. However, your separate statutory right to cancel under the Consumer Contracts Regulations 2013 is not affected — see Section 8.

If we are unable to accept your order (for example, because a product is out of stock, a pricing error has been identified, or we cannot verify your payment), we will notify you by email and issue a full refund of any payment taken as soon as reasonably practicable.

SECTION 5 — PRICES AND PAYMENT

All prices are displayed in pounds sterling (GBP) and are inclusive of any applicable taxes. Prices do not include delivery charges, which will be clearly shown at checkout before you complete your purchase.

Prices are subject to change without notice. The price charged for a product will be the price displayed at the time you place your order, as confirmed in your order confirmation email.

We accept payment by the methods shown at checkout. By providing payment details, you confirm that you are authorised to use that payment method and that the details provided are accurate and complete.

If a pricing error is identified on our website, we reserve the right to correct it. If a product has been incorrectly priced and your order has already been accepted, we will contact you before fulfilling the order to inform you of the correct price and give you the option to proceed at the corrected price or cancel your order for a full refund.

SECTION 6 — YOUR STATUTORY RIGHTS (CONSUMER RIGHTS ACT 2015)

Nothing in these Terms limits or excludes your statutory rights as a consumer. Under the Consumer Rights Act 2015, goods we sell to you must be:

• Of satisfactory quality — free from defects, safe, durable, and of an acceptable appearance and finish;

• Fit for purpose — suitable for the purpose for which goods of that kind are commonly supplied, and for any specific purpose you made known to us before purchase; and

• As described — conforming to any description, sample, model, or digital content shown or provided at the time of sale.

If goods do not conform to these standards, you may have the following remedies depending on when the problem arises:

Within the first 30 days (Short-Term Right to Reject)

You have the right to reject the goods and receive a full refund. You do not have to accept a repair or replacement.

After 30 days but within six months

You are entitled to ask us to repair or replace the faulty goods in the first instance. If repair or replacement is not possible or fails to resolve the problem, you are then entitled to a full or partial refund.

After six months

You may still be entitled to repair, replacement, or a partial refund, though you may need to demonstrate that the fault was present at the time of delivery.

These statutory rights apply regardless of any returns or refund policy we may offer and cannot be excluded or limited by any term in these Terms of Service.

SECTION 7 — REFUND POLICY

Our Refund Policy, which covers returns, exchanges, and refunds for non-faulty goods, is set out separately.

Your statutory rights under the Consumer Rights Act 2015 (Section 6 above) and your cancellation rights under the Consumer Contracts Regulations 2013 (Section 8 below) apply independently of and in addition to our Refund Policy.

SECTION 8 — YOUR RIGHT TO CANCEL (DISTANCE SELLING)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order without giving any reason within 14 calendar days of the day on which you, or a person nominated by you, receives the goods (the "cooling-off period"). For orders containing multiple items delivered separately, the 14-day period begins on the day you receive the last item.

How to cancel

To exercise your right to cancel, you must inform us of your decision by a clear, unambiguous statement before the cooling-off period expires. You can do this by:

• Emailing us at penumbrahobbies@gmail.com with the subject line "Order Cancellation";

• Writing to us at our business address;

• Via the Contact form available at https://penumbrahobbies.co.uk/pages/contact

Returning goods after cancellation

After notifying us of your cancellation, you must return the goods to us without undue delay and no later than 14 days after the day you tell us you wish to cancel. You are responsible for the direct cost of returning the goods to us unless we agree otherwise or the goods are faulty or misdescribed.

Please ensure goods are returned in the condition in which they were received. We may reduce the refund to reflect any diminished value of the goods resulting from handling beyond what is reasonably necessary to inspect them.

Refunds following cancellation

We will reimburse all payments received from you, including the standard delivery cost (but not any additional costs arising from your choice of a more expensive delivery option), without undue delay and no later than the earliest of:

• 14 days after the day we receive the returned goods; or

• 14 days after the day you provide us with evidence that the goods have been returned; or

• 14 days after the day you inform us of the cancellation, if we have not yet dispatched the goods.

We will make the reimbursement using the same payment method you used for the original transaction, unless you have expressly agreed otherwise. No fee will be charged for the reimbursement.

Exceptions to the right to cancel

The 14-day right to cancel does not apply to:

• Goods made to your specification or clearly personalised;

• Goods which are liable to deteriorate or expire rapidly;

• Sealed goods which are not suitable for return due to health protection or hygiene reasons, if the seal has been broken after delivery; or

• Goods which become inseparably mixed with other items after delivery by their nature.

SECTION 9 — SHIPPING AND DELIVERY

Delivery options, timescales, and costs will be displayed at checkout before you complete your order. All delivery timescales are estimates only and are not guaranteed.

We are not liable for delays caused by the delivery carrier, customs or import processing (for international orders), or circumstances outside our reasonable control. If your order is delayed, we will make reasonable efforts to keep you informed.

Risk in the goods passes to you on delivery. Title to the goods passes to you upon receipt of full payment.

If you do not receive your order within a reasonable time, please contact us at penumbrahobbies@gmail.com and we will investigate with the carrier on your behalf.

For international orders, you may be responsible for any customs duties, import taxes, or fees levied by your country's authorities. Penumbra Hobbies has no control over these charges and accepts no liability for them.

SECTION 10 — INTELLECTUAL PROPERTY

All content on our website, including but not limited to text, images, graphics, logos, product descriptions, and the design and arrangement of the site, is owned by or licensed to Penumbra Hobbies and is protected by applicable intellectual property laws.

These Terms permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, republish, or transmit any material from our website without our prior written consent.

Penumbra Hobbies's name, logo, and related product and service names are trading names or marks of Penumbra Hobbies. Shopify's name, logo, and related names are trademarks of Shopify Inc. All other trademarks or marks used on the Services are the property of their respective owners. Nothing in these Terms grants you any licence to use any such marks.

SECTION 11 — THIRD-PARTY TOOLS AND LINKS

Our website may provide access to tools offered by third-party providers and links to third-party websites. These are provided for convenience only. We do not endorse, monitor, or take responsibility for any third-party tools, content, or websites.

Any use of third-party tools is entirely at your own risk. We recommend reviewing the terms and privacy policies of any third-party services before using them. Complaints or concerns about third-party products or services should be directed to that third party.

SECTION 12 — RELATIONSHIP WITH SHOPIFY

Our store is hosted and powered by Shopify Inc. Any purchases you make are made directly with Penumbra Hobbies. Shopify is not party to any sale between you and us and is not responsible for any aspect of the transaction, including any products purchased.

By using our Services, you acknowledge that Shopify and its affiliates are not liable for any aspect of your purchases or transactions with Penumbra Hobbies.

SECTION 13 — PRIVACY AND DATA PROTECTION

We are committed to protecting your personal data. Any personal information we collect through our website is processed in accordance with our Privacy Policy [INSERT LINK], the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018.

Because our store is hosted by Shopify, some personal data may also be processed by Shopify in accordance with Shopify's Privacy Policy. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

 

You can request access to your personal data, ask us to correct inaccuracies, or request erasure by contacting us at penumbrahobbies@gmail.com.

SECTION 14 — FEEDBACK AND REVIEWS

If you submit feedback, reviews, suggestions, or other content to us (collectively, "Feedback"), you grant us a non-exclusive, perpetual, worldwide, royalty-free licence to use, reproduce, publish, and display that Feedback in connection with the operation and promotion of our business and Services.

By submitting Feedback, you confirm that:

• You own or have all necessary rights to the Feedback;

• The Feedback does not infringe any third-party rights, including intellectual property or privacy rights; and

• The Feedback is accurate and does not contain any unlawful, offensive, or misleading content.

We reserve the right to remove any Feedback that we determine, in our reasonable discretion, to be unlawful, offensive, misleading, or in breach of these Terms.

SECTION 15 — ERRORS AND INACCURACIES

We make every effort to ensure that information on our website is accurate and up to date. Occasionally, there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or delivery times. We reserve the right to correct any such errors without prior notice.

Where an error has affected an order that has already been placed, we will contact you to inform you of the error and give you the option to proceed with a corrected order or cancel for a full refund.

SECTION 16 — PROHIBITED USES

You may use our Services only for lawful purposes. You must not:

• Use our Services for any unlawful, fraudulent, or malicious purpose;

• Violate any applicable local, national, or international law or regulation;

• Transmit any unsolicited commercial communications (spam);

• Attempt to gain unauthorised access to our systems or data;

• Transmit any viruses, malware, or other harmful or disruptive code;

• Harass, harm, defame, or intimidate any person;

• Impersonate any person or entity or misrepresent your identity;

• Reproduce, duplicate, copy, or resell any portion of our Services without our prior written consent; or

• Use any automated tool, bot, scraper, or AI agent to access or extract data from our Services without our prior written consent.

We reserve the right to suspend or terminate your access to our Services at any time, without notice, if we reasonably believe you have breached these Terms.

SECTION 17 — AUTOMATED AGENTS

This section applies if you use, enable, or deploy any automated software or artificial intelligence agent ("Agent") to access or interact with our Services.

Any Agent must:

• Identify itself in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user-agent string;

• Not conceal or misrepresent that it is operating as an automated agent rather than a human user;

• Respond truthfully to any prompt or mechanism seeking to identify whether interactions are from a human or a computer;

• Comply with any technical or other measures we implement to control automated access to our Services.

We reserve the right to limit, block, or refuse access to any Agent at our discretion and without notice.

SECTION 18 — DISCLAIMER OF WARRANTIES

We take care to ensure that our products and Services are of high quality. However, to the fullest extent permitted by applicable law, and except as expressly stated in these Terms, we make no additional warranties or representations regarding the Services beyond those required by law.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be excluded or limited under the Consumer Rights Act 2015 or any other applicable UK consumer protection legislation; or (d) your statutory rights as a consumer.

SECTION 19 — LIMITATION OF LIABILITY

Subject to Section 18 above, and to the fullest extent permitted by applicable law:

• We shall not be liable to you for any indirect, consequential, incidental, punitive, or special loss or damage arising from your use of our Services or from any products purchased through our Services; and

• Our total liability to you in connection with any single order or claim shall not exceed the total price paid by you for the goods in that order.

We are not liable for any loss or damage arising from events outside our reasonable control, including but not limited to acts of God, war, pandemic, fire, flood, strike, or failure of third-party services including delivery carriers.

Nothing in this section affects your statutory rights as a consumer. If you are a consumer based in England and Wales, your statutory rights under the Consumer Rights Act 2015 and other applicable legislation are not limited or excluded by these Terms.

SECTION 20 — ALTERNATIVE DISPUTE RESOLUTION

If you have a complaint or dispute with us that we have been unable to resolve to your satisfaction through our normal complaints process, you may be able to refer your dispute to an alternative dispute resolution ("ADR") scheme.

We are not currently signed up to any ADR scheme, but we are committed to resolving any disputes quickly and fairly. Please contact us in the first instance at penumbrahobbies@gmail.com.

You may also use the UK Government's online dispute resolution information service or seek independent legal advice if you wish.

Your right to bring a claim before the courts of England and Wales is not affected.

SECTION 21 — INDEMNIFICATION

You agree to indemnify and hold harmless Penumbra Hobbies, Shopify, and our respective affiliates, officers, and service providers from and against any losses, damages, costs, or claims (including reasonable legal fees) arising from:

• Your breach of these Terms;

• Your violation of any applicable law or regulation; or

• Your misuse of our Services or any content you submit.

SECTION 22 — TERMINATION

We may terminate or suspend your access to our Services at any time, in our reasonable discretion, without notice if we believe you have breached these Terms.

The following sections will continue to apply following any termination: Intellectual Property (Section 10), Feedback and Reviews (Section 14), Disclaimer of Warranties (Section 18), Limitation of Liability (Section 19), Indemnification (Section 21), Governing Law (Section 25), and any other provisions that by their nature should survive termination.

SECTION 23 — SEVERABILITY

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

SECTION 24 — ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us relating to your use of our Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written.

No failure by us to exercise or enforce any right or provision of these Terms shall constitute a waiver of that right or provision.

SECTION 25 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms to any other person without our prior written consent. Any purported transfer without such consent will be of no effect.

We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you, provided that doing so does not reduce the rights you are entitled to under these Terms or applicable law.

SECTION 26 — GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

You and Penumbra Hobbies agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

SECTION 27 — CHANGES TO THESE TERMS

We reserve the right to update or amend these Terms at any time. We will notify you of any material changes by posting an updated version on our website with a revised "Last updated" date at the top.

If we make material changes that affect your rights as a consumer, we will give you reasonable notice before they take effect. Your continued use of our Services after any changes constitutes your acceptance of the updated Terms. We recommend that you check this page periodically.

SECTION 28 — CONTACT US

If you have any questions, complaints, or concerns about these Terms or our Services, please contact us:

Penumbra Hobbies

penumbrahobbies@gmail.com

6 Bowerman Avenue, SE14 6JG, London

+44 (0) 7548 688 358

We will aim to respond to all enquiries within 5 working days.