Terms and conditions of use

 

Welcome to Pentik Oy’s (hereinafter “Pentik”) online service (hereinafter “Online Service”) and online store (hereinafter “Online Store”).

1. General
These are the general terms and conditions of use of Pentik’s Online Service and Online Store (hereinafter “Terms”). These Terms describe, inter alia, our data protection practices and limita-tions concerning the use of material published in our Online Service.

The Terms also constitute an agreement between the user and Pentik defining the terms and conditions governing the use of the Online Store. These general terms of the use of the Online Service also apply to the Online Store section of the Online Service.

Please read these Terms carefully before using the Online Service and Online Store. Using the Online Service and Online Store requires you to comply with the Terms. If you do not accept these Terms, you may not use the Online Service or Online Store. By using the Online Service, you are agreeing to these Terms as they are in force at any given time.

In addition to these Terms, the user undertakes to abide by any and all additional conditions and limitations concerning services, sections, materials or individual products referred to in the Online Service.

2. User’s right to use the Online Service
Pentik grants the user a limited right to use and browse the Online Service and material published therein. The user is entitled to use the Online Service and material published therein only for personal, non-commercial purposes. The use of press releases and other public material in the public transmission of data is permitted provided that the source is mentioned when using the material.

The user accepts that some features and services of the Online Service may be subject to specific terms or requirements or require registration.

The user may, inter alia, explore Pentik’s products and order Pentik’s newsletters in the Online Service. The user may download and print sections of the Online Service and material published in the Online Service only for their personal, non-commercial use. The user must then retain in an unchanged form all indications in the downloaded material as well as printouts and copies thereof presenting that the material is Pentik’s or Pentik’s co-operation partners’ copyrighted or otherwise protected property.

Without Pentik's prior written consent, the user is not entitled to edit the Online Service or sections thereof or material published in the Online Service in any way or attach or transfer it to other material, including other electronic services. The user may not publicly or otherwise publish, sell, distribute or otherwise use the Online Service, sections thereof, material published therein or copies thereof for commercial purposes without Pentik’s prior written consent. If the user wishes to give sections of the Online Service, material published in the Online Service or copies thereof to a third party, the user must first ensure that the third party accepts these Terms and agrees to comply with them.

Pentik does not grant the user any other rights than those specifically set out in these Terms. Pentik is entitled to withdraw the granted rights of use for a legitimate reason.

3. Copyrights and other intellectual property rights
Text, pictures, sound, audiovisual content or other material may be published in the Online Service. All material published in the Online Service, the visual layout of the Online Service and the Online Service in its entirety are Pentik’s property protected by copyright laws and agreements. In order to avoid infringements of rights in the use of the Online Service, the user is obligated to comply with applicable copyright regulations while using the Online Service and abide by the limitations related to the use of the Online Service and material published therein as set out in these Terms and separately in the Online Service. Material published in the Online Service may be cited in accordance with copyright laws and agreements and other applicable regulations. The user shall, however, always provide the source of the material and ensure that any indications of copyright and other rights to the said material are included in the material.

The proprietary rights to the Online Service, sections thereof and material published therein as well as associated intellectual property rights, such as copyrights, unregistered and registered trademark and design rights, domain names, patents, trade secrets and database rights belong to Pentik or its partners. The names of Pentik’s own products are trademarked by Pentik. Other names and symbols in the Online Service may be protected symbols of their holders. Pentik does not grant the user any direct or indirect rights to any intellectual property rights. All rights are re-served.

4. User’s obligations

User’s obligations concerning use
Pentik aims to provide added value to Pentik’s customers through the Online Service. The user understands Pentik’s aims and undertakes to use the Online Service appropriately and in ac-cordance with the Terms in force at any given time as well as applicable laws and other regula-tions. The user agrees to release Pentik and companies belonging to the same group as well as all of their employees, managers and representatives from liability with respect to any damage or harm as may result from the user’s use of the Online Service.

In order for the Online Service to be available to all users without disruption, the user agrees not to interrupt or disrupt or to attempt to interrupt or disrupt the operation or functions of the Online Service or other users’ opportunity to use the Online Service. Such prohibited conduct includes, inter alia, using devices or programmes capable of disrupting the Online Service’s operation or programmatic structure; placing viruses, timed malware or other malicious software into the Online Service; or causing an excessive load on the Online Service’s structures for example by sending bulk mail or spam mail.

If the user or Pentik may become liable for damages as a result of the user's actions, the user undertakes to use all reasonable endeavours to minimise any caused and future damage.

Information and material conveyed by the user in the Online Service
The user must give accurate and up-to-date information when providing information on themselves via the Online Service. In order for Pentik to be able reliably identify the user, the user may not represent themselves as any other person or a representative of any other association or otherwise furnish false information on themselves or their relationship with some other person or association. The user may not manipulate technical identifiers in a manner aiming to conceal the origin of material provided through the Online Service.

The user undertakes not to publish or convey any information or material that is illegal, derogatory, obscene, offending towards Pentik or third parties, or infringing on the rights of Pentik or third parties.
In order for the user to not infringe the Copyright Act, the user shall not convey any copyrighted information or material through the Online Service. Pentik or companies belonging to the same group are not liable towards third parties for any content, illegality or infringement of the information or material sent by the user or for such infringements of copyrights and other rights held by third parties which have resulted from the user’s use of the Online Service or the publication or conveyance of the user’s information and material.

Pentik reserves the right to remove any information or material provided by the user from the Online Service at its discretion.

5. Contract terms of the Online Store for consumer customers

Right to use the Online Store
All persons of at least 18 years of age may become customers of the Online Store. Persons re-siding outside Finland may also be customers of the Online Store as long as the orders’ delivery address is located within mainland Finland.

Registration
The user of the Online Service may sign up as a customer of the Online Store. In connection with the registration, the user shall enter all required fields. Registering with the Online Store requires a functioning email address as, when the customer uses the Online Store, a confirmation on the receipt and delivery of the order made by the customer is sent to the email address they have entered. The user may also order products from the Online Store without registration.

The customer is responsible for ensuring that the information they have entered is correct and up to date. If the customer’s information changes, the customer shall notify Pentik of this without delay so that Pentik can provide its Online Store customer with the best possible service.

When registering and later when making orders, the customer may enter different addresses as the delivery address and the credit card’s invoicing address. The delivery address must be located in mainland Finland. The contact details of the delivery address must be sufficient and as detailed as possible so that the order can be delivered. When entering a delivery address different from their own address, the customer is responsible for ensuring that they have permission from the person living in the delivery address to enter the person’s personal data to be processed in Pentik’s customer register.

In connection with registration, the customer creates a username and password, which the cus-tomer undertakes to keep secret and not to disclose to third parties. The customer is liable for all orders made using their user identification. The customer undertakes to notify Pentik immediately if the customer suspects their user identification details have been disclosed to third parties.

Pentik reserves the right to suspend the customer’s right to use their user identification at any time if Pentik suspects that the user identification is being misused.

Ordering products
Products are ordered by selecting the product and number of items from the Online Store’s col-lection. The products selected by the customer are added to their shopping cart, where the number of items can be amended and products removed before the order is confirmed. The Online Store's technical systems automatically check the availability of products selected to the shopping cart every time the customer visits the shopping cart page. The availability of a product in the shopping cart may therefore change before the payment transaction.

The order becomes binding on the customer upon the acceptance of the customer’s payment transaction. The customer will be sent a confirmation of the order. The customer may also check the details of their own order from the Online Store’s order history page.

Prices
The prices charged for the products are those applicable when the order was made. The prices of the products will remain in force for the time being or for the duration specifically mentioned in the applicable product information. Pentik reserves the right to adjust the prices of its products.

The prices of the products are inclusive of value-added tax. Delivery and processing costs are not included in the products’ prices, and they will be separately indicated in connection with the order and in the order confirmation.

Confirmation of receipt of order and availability of products
When Pentik receives the customer’s order, Pentik sends a confirmation of receiving the order and of that the processing of the order will be commenced to the email address provided by the customer.

Pentik has a wide range of different kinds of products, the production volumes and availability of which vary. The customer accepts that Pentik cannot guarantee the availability or sufficiency of the products sold in the Online Store. Some of Pentik’s products are ‘seasonal products’ or otherwise unique products, which are produced only in limited numbers. Products in Pentik’s basic selection may also be temporarily sold out, for example for production-related reasons.

Pentik endeavours to update the Online Store with up-to-date information on the products re-maining in stock. However, Pentik is not liable for the correctness of the information in the Online Store and, thus, cannot ensure that the product certainly is available even if information in the Online Store suggests that such products are in stock.

If it emerges that the ordered product is temporarily or permanently out of stock after the order has been received, Pentik undertakes to notify the customer of this without delay using the contact details provided by the customer.

If even one product in a particular order has been sold out entirely and more cannot be obtained immediately or the product is temporarily out of stock so that it can only be obtained after over one month has elapsed from the date of the order, Pentik will automatically compensate the customer for the value of the whole order in full. In such a case, Pentik’s customer service will contact the customer and instruct the customer to simultaneously make a new order for the products that are available.

Once the delivery of the product has commenced, Pentik sends the customer a separate delivery confirmation.

Terms of delivery
Means and place of delivery
The products will be delivered in a suitable manner either as a letter item or a parcel, depending on the order. A delivery note of the ordered products is delivered with the parcel.

Pick-up from post office, Posti Parcel:
Orders will be delivered normally to the nearest post office, from which you can pick them up after receiving a notice of arrival or an item code from the post office.

Home delivery, Posti Parcel To The Doorstep:
Posti calls and agrees on delivery to the address provided by the customer between 9:00 and 21:00.

Products ordered from the Online Store are delivered to the customer’s home address or other address located in mainland Finland given by the customer or to Posti’s service outlets in Finland in accordance with the customer’s choice made in connection with the order.

Delivery time
In a normal situation, Pentik endeavours to deliver the products within 5 weekdays of receiving the order. In exceptional situations, for example due to temporarily running out of the product, the delivery may take longer than normally. In the event of delay in delivery, Pentik aims to notify the customer of the delay and provide an estimate of the new delivery time.

Delivery costs
The delivery costs are EUR 5.90/delivery when the order is delivered to one of Posti’s service outlets and EUR 9.00/delivery in the case of home deliveries. If a product is delivered later due to it being temporarily out of stock, the customer will not be charged any delivery costs for the additional delivery.

Means of payment
The customer may pay for the ordered products with Visa or MasterCard credit cards or using the following online banking services: Nordea, Osuuspankki and Danske Bank. Payment transactions are processed within these services, after which the customer returns to Pentik’s Online Store.

Payment takes place at the end of the order process. Once the payment transaction has been accepted, the customer's order proceeds from the Online Store to the processing and delivery stage at Pentik.

Right of withdrawal
The customer is entitled to return any products ordered from the Online Store by notifying Pentik of this within fourteen (14) days of receiving the said products. Exercising the right of withdrawal requires that the returned product is unused and can be reasonably resold in its package.

The customer shall complete the return form included in the delivery and attach it to the returned parcel. The address to which the products may be returned is Pentik Oy/Webshop, Maaninka-vaarantie 11, 97900 Posio.

In normal situations, Pentik will be liable for the delivery costs of returned products. If the product cannot be returned in the usual manner by post, the customer will be liable for the costs of return-ing the product.
Pentik will compensate the customer for the price of the returned products using the bank account details provided by the customer in connection with the return.

If the customer returns a product, the price the customer paid for the product will be credited to the customer, even if the price of the product has changed at a later date.

Inspection of products and notices of defect
After receiving the delivery, the customer shall immediately inspect it and verify that the delivered products are intact and otherwise free from defects. The customer shall also check that the delivery contains all products ordered by the customer.

Should the customer notice any deficiencies in the delivery or the product, the customer must, without delay after noticing the defect and within 14 days at the latest, notify Pentik’s customer service thereof without delay and at the latest within 14 days (tel 016-3722 272, email web-shop@pentik.com).

If a deficiency is confirmed in the delivery or product, Pentik is entitled in the first instance to rectify the said deficiency within a reasonable period of time or replace the product with a defect-free item.

Force majeure
Pentik is not liable for any delays or defects that are attributable to causes beyond Pentik’s rea-sonable control (force majeure). In the event of delay, Pentik will meet its obligations as soon as it is possible in the situation at hand after first contacting the customer and verifying that the cus-tomer wants to continue the contract.

Pentik is not liable for the customer’s order not arriving due to failure in the data network or data communications.

6. Processing of personal data
Pentik knows its responsibility as the data controller and processes personal data collected through the Online Service in accordance with the personal data legislation in force, ensuring the realisation of privacy protection and high data security.

Data concerning Pentik's customers and other persons with a relevant connection to Pentik’s operation will be entered into Pentik’s data file based on customer relationship and other relevant connection. The registered data will be used for the purposes set out in the description of the data file.

Cookies
In the Online Service, Pentik may use cookies or other similar technologies which are typically used to collect information on the user’s device, such as the user’s IP address, type of browser and information on from which website the user came to the Online Service. Through the use of cookies, Pentik obtains general information on, inter alia, the use of the Online Service, number of visitors and other pieces of information on the use of the Online Service which Pentik can use to improve its services.

The user may prevent the use of cookies by changing their browser settings. The user acknowledges that disabling cookies may prevent the use of some functions or features of the Online Service (such as the shopping cart feature).

The cookies Pentik uses are:

COOKIE Description
CART The association with your shopping cart.
CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly.
CURRENCY Your preferred currency
CUSTOMER An encrypted version of your customer id with the store.
CUSTOMER_AUTH An indicator if you are currently logged into the store.
CUSTOMER_INFO An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS Stores the Customer Segment IDv
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.
FRONTEND You sesssion ID on the server.
GUEST-VIEW Allows guests to edit their orders.
LAST_CATEGORY The last category you visited.
LAST_PRODUCT The most recent product you have viewed.
NEWMESSAGE Indicates whether a new message has been received.
NO_CACHE Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS The products that you have recently viewed.
WISHLIST An encrypted list of products added to your Wishlist.



7. Data protection
Pentik aims to appropriately and using reasonable measures ensure the data security of the Online Service and that the Online Service, servers maintaining it or newsletters sent by Pentik do not contain viruses or other malware or parts thereof. In the Online Store, the customer’s information is protected by Secure Sockets Layer (SSL) encryption. The customer’s payment transactions in the Online Store are transmitted as an encrypted message to the receiver of the payment and back to Pentik’s Online Store. The payment transactions are processed in the service of the payment option selected by the customer.

Pentik does not guarantee the security of the Online Service. The user accepts that the confiden-tiality of messages sent in an open data network cannot be guaranteed. The user also accepts that Pentik is not liable for any damage resulting from the Online Service’s protection or lack thereof.

8. Links to external websites
The Online Service may contain links to websites maintained by third parties. These links do not constitute any indication of the relationship, rights or responsibilities between Pentik, on the one hand, and the linked website, the website’s administrator or the website’s content, on the other hand.

The user uses the links in the Online Service to visit the external websites at their own risk. Pentik is not responsible for the linked sites’ contents, reliability or data security or liable for any damage sustained in connection with using them. Pentik advises the user to read the linked site’s own terms of use before using the site.

9. External links to Pentik’s Online Service
Pentik’s prior written consent must be obtained for any links leading to the Online Service added to external websites. Pentik decides on granting such consent at its own discretion.

Notwithstanding the foregoing, such consent does not have to be requested if the external link meets the following criteria:
(i) the link only contains the web address www.pentik.fi or www.pentik.com in body text and con-tains none of Pentik’s trademarks in their word or logo form,
(ii) the link refers directly to the Online Service’s main page and not to a subpage,
(iii) the Online Service opens in a separate window when using the link,
(iv) the linking does not create an incorrect impression of the relationship between the linking party or its products and Pentik, and
(v) the linking does not adversely affect the reputation and trademarks of Pentik or companies belonging to the same group.

Pentik reserves the right to at any time retract its consent to the linking and prohibit a link meeting the criteria set out above if Pentik deems the link to be unfavourable to Pentik or its reputation.

10. Changes
Changes to the Online Service
Pentik may at any time and without prior notice change or amend the Online Service, the Online Service’s contents, functions, services, programmes, products or prices. Pentik is also entitled to take the Online Service out of use in its entirety or disable specific sections, functions or services of the Online Service as well as limit the use of the Online Service, its sections, functions or services without prior notice or liability for damages.

Amendments to the Terms
Pentik may modify, supplement or amend the Terms at any time at its discretion without advance notice. The amended Terms enter into force once Pentik reports the changes to the Terms in the Online Service. The Terms will be binding on the user upon their first use of the Online Service after the amendment of the Terms. Using the Online Service is deemed to constitute the user’s acceptance of the Terms in force and an obligation to comply with them.

11. Limitation of liability
The Online Service is provided “as is”. Pentik aims to maintain the Online Service and its functions and services in the best possible manner so that the user can use them without interference or interruption. Pentik does not, however, guarantee and is not responsible for that the Online Service and its functions and services work in a timely manner without errors or interruptions.

Pentik endeavours to ensure that the information and material in the Online Service are correct and free from errors but gives no guarantee and accepts no liability for the correctness, faultlessness, timeliness, availability, fitness for a particular purpose or non-infringement of rights of the Online Service or the information or material therein. The user relies on the statements, advice and information in the Online Service at their own risk. All contents of the Online Service, including information and instructions, are provided “as is” without warranty of any kind.

The user accepts that Pentik is not liable for the protection of any information or material the user sends or receives or fails to send or receive via the Online Service and discharges Pentik from all liability in relation thereto. Pentik cannot guarantee that the Online Service, internet servers main-taining the Online Service and online newsletters sent by Pentik do not include viruses or other malware.

Pentik endeavours to ensure that the Online Service and its use cause no harm or damage to third parties. Pentik and companies belonging in the same group are not liable for any use of the Online service or its contents or the unavailability thereof or any damage or specific damage resulting from these Terms (including, inter alia, damage resulting from loss of contract or business or interruption of business) regardless of whether they are direct or indirect or based on liability for damages, agreement, infringement of a right, negligence or other grounds, even if Pentik had been notified of the possibility of such damage in advance.

The maximum liability of Pentik and companies belonging in the same group is always limited to the liability set out in mandatory Finnish legislation.

12. Applicable law
These Terms shall be governed by and construed in accordance with the laws of Finland, exclud-ing its conflict of laws rules. Any disputes arising from this agreement or the application thereof shall be resolved primarily through negotiations between the parties. If the parties cannot reach an amicable settlement through negotiations, the dispute will be settled in Finland by the District Court of Helsinki. A consumer user may, however, bring the dispute before the general court of first instance of their domicile or the Consumer Disputes Board for consideration.

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