1. GENERAL PROVISIONS

1.1 The Online Store, accessible at the website address www.otcdirect.plus, is operated by Atom Healthcare Ltd (“we,” “us,” or “our”), with its registered office in Southampton, United Kingdom (registered address: Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, registered in Companies House under number 13849176; VAT number: GB400333561). The company’s contact e-mail address is info@otcdirect.plus, and the contact telephone number is: +44 7507 132718. This Terms and Conditions document applies to consumers and businesses using the Online Store unless a specific provision states otherwise.

1.2 The data controller for personal data processed in the Online Store in connection with the provisions of these Terms and Conditions is the Seller. Personal data are processed for purposes, over periods, and on the legal bases and principles outlined in the Privacy Policy published on the Online Store’s website. The Privacy Policy primarily covers the principles of personal data processing by the Data Controller in the Online Store, including the legal bases, purposes, and duration of processing, the rights of data subjects, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by users of the Online Store (Customers or Service Recipients) is voluntary, subject to exceptions specified in the Privacy Policy (e.g., entering into a contract or legal obligations of the Seller under UK law, including the Data Protection Act 2018 and UK GDPR).

1.3 Definitions:

1.3.1 WORKING DAY – any day from Monday to Friday, excluding public holidays in the UK.

1.3.2 CONTACT FORM – an Electronic Service, an interactive form available in the Online Store enabling direct contact with the Seller.

1.3.3 TELEPHONE CONTACT FORM – an Electronic Service, an interactive form available in the Online Store allowing a Customer to request an incoming telephone call from the Seller.

1.3.4 REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.3.5 ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the submission of an Order, particularly by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including delivery and payment methods.

1.3.6 CUSTOMER – (1) a natural person with full legal capacity, or in cases provided by applicable UK law, a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which UK law grants legal capacity – who has entered or intends to enter into a Sales Agreement with the Seller.

1.3.7 CONSUMER RIGHTS ACT 2015 – the Consumer Rights Act 2015 (c. 15), as amended, governs consumer rights in the UK.

1.3.8 ACCOUNT – an Electronic Service, identified by an individual username (login) and password provided by the Service Recipient, a collection of resources in the Seller’s IT system storing the data provided by the Service Recipient and information about Orders placed in the Online Store.

1.3.9 NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Seller via e-mail, enabling all Service Recipients to automatically receive periodic content of newsletter editions containing information about Products, news, and promotions in the Online Store.

1.3.10 PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing digital content or digital service or connected in such a way that the absence of digital content or service would prevent its proper functioning), (2) digital content, (3) a service (including digital and non-digital services) that is the subject of a Sales Agreement between the Customer and the Seller.

1.3.11 TERMS AND CONDITIONS – this Terms and Conditions document for the Online Store.

1.3.12 ONLINE STORE – The Seller’s online store is accessible at the website address www.otcdirect.plus.

1.3.13 SELLER; SERVICE PROVIDER – ATOM HEALTHCARE LTD, with its registered office in Southampton, United Kingdom (registered address: Royal Mail House, Terminus Terrace, SO14 3FD), registered in Companies House under number 13849176; VAT number: GB400333561, contact e-mail address: info@otcdirect.plus, and contact telephone number: +44 7507 132718.

1.3.14 SALES AGREEMENT – (1) a sales agreement for a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital services and other Products) concluded or entered into between the Customer and the Seller via the Online Store.

1.3.15 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store, not being a Product.

1.3.16 SERVICE RECIPIENT – (1) a natural person with full legal capacity, or in cases provided by applicable UK law, a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which UK law grants legal capacity – using or intending to use an Electronic Service.

1.3.17 CONSUMER CONTRACTS REGULATIONS 2013 – the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134), as amended, governing distance and off-premises contracts in the UK.

1.3.18 ORDER – a Customer’s statement of intent submitted via the Order Form, aiming directly to conclude a Sales Agreement with the Seller.

1.3.19 ILLEGAL CONTENT – information that, by itself or by reference to an action, including the sale of Products or provision of Electronic Services, is not compliant with UK law, irrespective of the specific subject or nature of that law, as defined under the Online Safety Act 2023 and related UK regulations.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available in the Online Store: Account, Contact Form, Telephone Contact Form, Order Form, and Newsletter.

2.1.1 Account – Use of the Account is possible after the Service Recipient completes two consecutive steps: (1) filling out the Registration Form, and (2) clicking the “Create Account” button. The Registration Form requires the Service Recipient to provide the following data: first name, e-mail address and password. An Account can also be created by checking the appropriate box during the Order process – the Order Form then serves as the Registration Form. An Account is created for the Customer at the time of placing an Order.

2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing a reason, delete their Account (resign from the Account) by sending a relevant request to the Service Provider, particularly via e-mail to info@otcdirect.plus or in writing to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK.

2.1.2 Contact Form – Use of the Contact Form begins after the Customer completes two consecutive steps: (1) navigating to the “Contact” tab, (2) clicking the “Send” button on the Online Store page after filling out the Contact Form. The Contact Form requires the Customer to provide the following data: e-mail address, contact telephone number (optional) and the query content.

2.1.2.1 The Contact Form Electronic Service is provided free of charge, is a one-off, and ends upon sending the query.

2.1.3 Telephone Contact Form – Use of the Telephone Contact Form begins by clicking the graphic icon of a landline phone on the Online Store website. Submitting a request for a telephone call occurs after the Customer completes two consecutive steps: (1) filling out the Telephone Contact Form, and (2) clicking the “Schedule Call” button on the Online Store page after filling out the form. The Telephone Contact Form requires the Customer to provide the following data: telephone number.

2.1.3.1 The Telephone Contact Form Electronic Service is provided free of charge, is a one-off, and ends upon submitting the request for a telephone call.

2.1.4 Order Form – Use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps: (1) filling out the Order Form, (2) clicking the “Confirm Order and Pay” button on the Online Store page after filling out the Order Form – up to this point, the Customer can independently modify the entered data (follow the displayed messages and information on the Online Store page). The Order Form requires providing the following data: e-mail address, contact telephone number, first name, surname, address (street and number, postcode, town, country), and Sales Agreement details: Product(s), quantity of Product(s), delivery location and method, payment method. For Customers who are not consumers, it is also possible to provide the company name and VAT number.

2.1.4.1 The Order Form Electronic Service is provided free of charge, is one-off, and ends upon submission of the Order or earlier cessation of the Order process by the Service Recipient.

2.1.5 Newsletter – Use of the Newsletter occurs by: (1) checking the appropriate box during the Order process – upon placing the Order, the Service Recipient is subscribed to the Newsletter, (2) checking the appropriate box in Account settings – upon clicking “Yes” and then “Save,” the Service Recipient is subscribed to the Newsletter.

2.1.5.1 The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing a reason, unsubscribe from the Newsletter (resign from the Newsletter) by: (1) sending a relevant request to the Service Provider, particularly via e-mail to info@otcdirect.plus or in writing to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK, (2) checking the appropriate box in Account settings – upon clicking “No” and then “Save,” the Service Recipient is unsubscribed from the Newsletter.

2.2 Technical requirements necessary for cooperation with the Service Provider’s IT system: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of a web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookie storage and JavaScript in the web browser.

2.3 The Service Recipient is obliged to use the Online Store in a manner consistent with UK law, good practices, and respect for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to provide accurate data. The Service Recipient is prohibited from supplying unlawful content, as defined under the Online Safety Act 2023 and related UK regulations.

2.4 The complaints procedure for Electronic Services is outlined in Section 6 of these Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1 A Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order using the Order Form in the Online Store, as per Section 2.1.4 of these Terms and Conditions.

3.2 The price of the Product displayed on the Online Store website is stated in pounds sterling (£) and includes VAT where applicable under UK law. The total price, including VAT, for the Product subject to the Order, as well as delivery costs (including transport, delivery, and postal fees) and any other costs, or if these cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store pages during the Order process, including at the moment the Customer expresses their intent to be bound by the Sales Agreement.

3.3 Procedure for Concluding a Sales Agreement in the Online Store via the Order Form:

3.3.1 A Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order in the Online Store, as per Section 2.1.4 of these Terms and Conditions.

3.3.2 After an Order is submitted, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance of the Order for processing is sent by the Seller to the Customer via e-mail to the address provided during the Order process, containing at least the Seller’s statements regarding receipt of the Order, its acceptance for processing, and confirmation of the Sales Agreement. The Sales Agreement is concluded when the Customer receives the aforementioned e-mail.

3.4 The content of the Sales Agreement is recorded, secured, and made available to the Customer by: (1) providing this Terms and Conditions document on the Online Store website, and (2) sending the e-mail referred to in Section 3.3.2 of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

3.4 The content of the Sales Agreement is recorded, secured, and made available to the Customer by: (1) providing this Terms and Conditions document on the Online Store website, and (2) sending the e-mail referred to in Section 3.3.2 of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4. METHODS AND DEADLINES FOR PAYMENT FOR PRODUCTS

4.1 The Seller provides the Customer with the following payment methods for Sales Agreements for deliveries within the United Kingdom:

4.1.1 Payment in cash upon personal collection.

4.1.2 Payment by bank transfer to the Seller’s bank account.

4.1.3 Electronic payments and card payments (available payment methods: debit/credit cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro) facilitated by PayPal, and Stripe – the currently available payment methods are specified on the Online Store website in the information tab on payment methods and on the websites: https://www.paypal.com/uk/home, and https://stripe.com/gb.

4.1.3.1 Settlement of electronic and card payment transactions is conducted according to the Customer’s choice. The providers of electronic and card payment services are:

4.1.3.1.1 PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, with its UK branch registered as PayPal (UK) Ltd, 4th Floor, 1 Thomas More Square, London, E1W 1YN.

4.1.3.1.2 Stripe – Stripe Payments UK Ltd, with its registered office in London (registered address: 9th Floor, 107 Cheapside, London, EC2V 6DN), registered with Companies House under number 76543210, with a share capital of £3,000,000 (fully paid); VAT number: GB765432109.

4.2 Payment Deadlines:

4.2.1 In the case of payment by bank transfer, the Customer is obliged to make payment within 7 calendar days from the day the Sales Agreement is concluded.

4.2.2 In the case of electronic payments or card payments, the Customer is obliged to make payment at the time of concluding the Sales Agreement during the Order process.

4.2.3 In the case of cash payment upon personal collection, the Customer is obliged to make payment upon receipt of the parcel or Product.

5. COST, METHODS, AND DEADLINES FOR PRODUCT DELIVERY AND COLLECTION

5.1 Product delivery is available within the United Kingdom.

5.2 Product delivery to the Customer is chargeable unless the Sales Agreement states otherwise. Delivery costs for the Product (including transport, delivery, and postal fees) are indicated to the Customer on the Online Store website in the information tab on delivery costs and during the Order process, including at the moment the Customer expresses their intent to be bound by the Sales Agreement.

5.3 Click & Collect of the Product by the Customer is free of charge.

5.4 The Seller provides the Customer with the following delivery or collection methods for Products within the United Kingdom:

5.4.1 Courier delivery.

5.4.2 Parcel locker delivery.

5.4.3 Pallet delivery.

5.4.4 Click & Collect available at: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK – on Working Days, from 08:00 to 17:00.

5.6 The delivery time for Products to the Customer within the United Kingdom is up to 14 Working Days unless a shorter delivery time is specified in the description of a particular Product or during the Order process. In the case of Products with different delivery times, the delivery time is the longest specified time, which must not exceed 28 Working Days. The delivery period begins as follows:

5.6.1 In the case of payment by bank transfer, electronic payment, or card payment – from the day the Seller’s bank account or settlement account is credited.

5.7 The readiness period for Product collection by the Customer – in the case of personal collection – the Product will be ready for collection by the Customer within 14 Working Days unless a shorter readiness period is specified in the description of a particular Product or during the Order process. In the case of Products with different readiness periods, the readiness period is the longest specified time, which must not exceed 28 Working Days. The Customer will be additionally notified by the Seller of the Product’s readiness for collection. The readiness period begins as follows:

5.8.1 In the case of payment by bank transfer, electronic payment, or card payment – from the day the Seller’s bank account or settlement account is credited.

5.8.2 In the case of cash payment upon personal collection – from the day the Sales Agreement is concluded.

6. COMPLAINTS PROCEDURE

6.1 This Section 6 of the Terms and Conditions outlines the procedure for handling complaints applicable to all complaints submitted to the Seller, including complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller’s operations or the Online Store.

6.2 A complaint may be submitted, for example:

6.2.1 In writing to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK.

6.2.2 Electronically via e-mail to: info@otcdirect.plus.

6.2.3 Electronically via the Online Store website: www.otcdirect.plus/zwrot.

6.3 Sending or returning a Product as part of a complaint may be done to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK.

6.4 It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity or non-compliance with the agreement; (2) a request for bringing the Product into compliance with the agreement or a statement of price reduction or withdrawal from the agreement or other claim; and (3) the contact details of the complainant – this will facilitate and expedite the complaint process. The requirements stated in the previous sentence are recommendations only and do not affect the validity of complaints submitted without the recommended description.

6.5 If the complainant changes their contact details during the complaint process, they are obliged to notify the Seller of this change.

6.6 The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also request additional information or evidence (e.g., photos) from the complainant if it facilitates and expedites the complaint process.

6.7 The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of receipt.

6.8 The legal basis and scope of the Seller’s statutory liability are determined by applicable UK law, particularly the Consumer Rights Act 2015, Sale of Goods Act 1979, Supply of Goods and Services Act 1982, and the Electronic Commerce (EC Directive) Regulations 2002. Additional information on the Seller’s liability for compliance of the Product with the Sales Agreement is provided below:

6.8.1 For complaints regarding a Product – a movable item – purchased by a Customer under a Sales Agreement concluded with the Seller on or before 31 December 2022, the provisions of the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982, as applicable, govern, particularly regarding liability for defective goods (statutory rights under UK law). Under Section 6(3) of the Unfair Contract Terms Act 1977, the Seller’s liability for defective goods towards a Customer who is not a consumer is excluded, except where such exclusion would be unfair or unlawful.

6.8.2 For complaints regarding a Product – a movable item (including a movable item with digital elements), excluding a movable item serving solely as a carrier of digital content – purchased by a Customer under a Sales Agreement concluded with the Seller on or after 1 January 2023, the provisions of the Consumer Rights Act 2015, as amended, govern, particularly Sections 9–19, regarding the trader’s liability for goods not conforming to the contract. These provisions specify the basis and scope of the Seller’s liability towards consumers in case of non-compliance with the Sales Agreement.

6.8.3 For complaints regarding a Product – digital content or digital service, or a movable item serving solely as a carrier of digital content – purchased by a Customer under a Sales Agreement concluded with the Seller on or after 1 January 2023, or before that date if delivery occurred or was scheduled after that date, the provisions of the Consumer Rights Act 2015, as amended, govern, particularly Sections 33–42, regarding the trader’s liability for digital content not conforming to the contract. These provisions specify the basis and scope of the Seller’s liability towards consumers in case of non-compliance with the Sales Agreement.

6.9 In addition to statutory liability, a warranty may be provided for a Product – this is a contractual (additional) liability, and it can be invoked if the Product is covered by a warranty. The warranty may be provided by a party other than the Seller (e.g., the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including the details of the entity responsible for fulfilling the warranty and the entity entitled to invoke it, are available in the warranty description, e.g., in the warranty card or other documentation related to the warranty. The Seller notes that, in the event of non-compliance of the Product with the agreement, the Customer has statutory rights under UK law, at the Seller’s expense, and the warranty does not affect these statutory rights.

6.10 The provisions in Sections 6.8.2 and 6.8.3 of these Terms and Conditions concerning consumers also apply to a Customer who is a natural person entering into an agreement directly related to their business activity, where it is evident from the agreement’s content that it does not have a professional character for that person, particularly based on the subject of their business activity as registered with Companies House.

7. OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIM ENFORCEMENT METHODS AND ACCESS TO THESE PROCEDURES

7.1 Out-of-court dispute resolution methods include, among others: (1) facilitating reconciliation between parties, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint resolution and claim enforcement, the principles of access to these procedures, and a user-friendly search tool for entities handling amicable dispute resolution are available on the website of the UK Competition and Markets Authority (CMA) at https://www.gov.uk/government/organisations/competition-and-markets-authority.

7.2 The UK CMA operates a contact point tasked with, among other things, providing consumers with information on out-of-court consumer dispute resolution. Consumers can contact this point: (1) by telephone at +44 20 3738 6000; (2) via e-mail at general.enquiries@cma.gov.uk; or (3) in writing or in person at the CMA’s office, The Cabot, 25 Cabot Square, London, E14 4QZ, UK.

7.3 Consumers have the following example options for out-of-court complaint resolution and claim enforcement: (1) a request for dispute resolution to a certified alternative dispute resolution (ADR) body; (2) a request for out-of-court resolution to a trading standards officer; or (3) assistance from a local Citizens Advice Bureau or consumer organisations, such as Which? or the Consumer Association. Advice is available, among other means, by e-mail at which@which.co.uk or via the consumer helpline at 0808 223 1133 (open on Working Days, 9:00–17:00, call charges as per your network provider).

7.4 Complaints procedure platform, accessible at https://www.gov.uk/government/organisations/competition-and-markets-authority/about/complaints-procedure, offers an interactive, website with a one-stop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from online sales or service agreements, as applicable under retained UK law or equivalence provisions. Further information is available on the platform itself or the CMA website at https://www.gov.uk/government/organisations/competition-and-markets-authority.

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1 A consumer who has entered into a distance contract may withdraw from it within 30 calendar days without stating a reason and without incurring costs, except for costs specified in Section 8.8 of these Terms and Conditions. To meet the deadline, it is sufficient to send the withdrawal statement before its expiry. The withdrawal statement may be submitted, for example:

In writing to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK.

Electronically via e-mail to: info@otcdirect.plus.

8.2 Returning a Product – movable items (including movable items with digital elements) – as part of withdrawal from the agreement may be sent to: Atom Healthcare Ltd, Royal Mail House, Terminus Terrace, Southampton, SO14 3FD, UK.

8.3 A sample withdrawal form is included in Schedule 2 to the Consumer Contracts Regulations 2013 and is additionally available in Section 12 of these Terms and Conditions. Consumers may use the sample form, but it is not mandatory.

8.4 The withdrawal period begins:

8.4.1 For an agreement under which the Seller is obliged to transfer ownership of a Product – from the day the consumer or a third party designated by them, other than the carrier, takes possession of the Product, and in the case of an agreement that: (1) includes multiple Products delivered separately, in batches, or parts – from taking possession of the last Product, batch, or part; or (2) involves regular delivery of Products over a fixed period – from taking possession of the first Product.

8.4.2 For other agreements – from the day the agreement is concluded.

8.5 In the case of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.6 Products – Movable Items (including Movable Items with Digital Elements):

8.6.1 The Seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer’s withdrawal statement, refund all payments made by the consumer, including delivery costs of the Product – movable item (including movable items with digital elements) – except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store. The Seller will make the refund using the same payment method used by the consumer unless the consumer expressly agrees to a different refund method that does not involve any costs for them. For Products – movable items (including movable items with digital elements) – if the Seller has not proposed to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of sending it back, whichever occurs first.

8.6.2 For Products – movable items (including movable items with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the day they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product before its expiry.

8.6.3 The consumer is responsible for any reduction in the value of the Product – movable item (including movable items with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.

8.7 Products – Digital Content or Digital Services:

8.7.1 In the case of withdrawal from an agreement for the supply of a Product – digital content or digital service – from the day the Seller receives the consumer’s withdrawal statement, the Seller must not use any content other than personal data provided or generated by the consumer during the use of the Product – digital content or digital service – supplied by the Seller, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the agreement; (2) relates solely to the consumer’s activity during the use of digital content or digital service supplied by the Seller; (3) has been combined by the Seller with other data and cannot be separated or can only be separated with disproportionate effort; (4) was created by the consumer jointly with other consumers who can still use it. Except for the cases mentioned in points (1)–(3), the Seller, at the consumer’s request, must provide the consumer with content other than personal data that was provided or generated by the consumer during the use of digital content or digital service supplied by the Seller. In the case of withdrawal from the agreement, the Seller may prevent the consumer from further using the digital content or digital service, particularly by denying access to the digital content or digital service or blocking the user account, without affecting the consumer’s rights mentioned in the previous sentence. The consumer has the right to retrieve digital content from the Seller free of charge, without hindrance, within a reasonable time, and in a commonly used, machine-readable format.

8.7.2 In the case of withdrawal from an agreement for the supply of a Product – digital content or digital service – the consumer is obliged to cease using that digital content or digital service and sharing it with third parties.

8.8 Possible costs associated with the consumer’s withdrawal from the agreement, which the consumer is obliged to bear:

8.8.1 For Products – movable items (including movable items with digital elements) – if the consumer chose a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.8.2 For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product. For bulky products that cannot be returned by standard post (oversized parcels), the consumer may incur higher return costs, in line with the example tariff of a courier provider, such as https://www.parcel2go.com/.

8.8.3 For a Product – service – where performance began at the consumer’s explicit request before the withdrawal period expired, the consumer who exercises their right to withdraw after making such a request is obliged to pay for services performed up to the time of withdrawal. The payment amount is calculated proportionally to the extent of the performed service, considering the agreed price or remuneration. If the price or remuneration is excessive, the calculation is based on the market value of the performed service.

8.9 The right of withdrawal from a distance contract does not apply to consumers with agreements:

8.9.1 (1) For the provision of services for which the consumer is obliged to pay a price, if the Seller fully performed the service with the consumer’s explicit and prior consent, and the consumer was informed before the service began that they would lose their right to withdraw after performance by the Seller and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) where the subject of the agreement is a Product – movable item (including movable items with digital elements) – not prefabricated, produced according to the consumer’s specifications, or serving to meet their individual needs; (4) where the subject of the agreement is a Product – movable item (including movable items with digital elements) – perishable or having a short shelf life; (5) where the subject of the agreement is a Product – movable item (including movable items with digital elements) – delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the agreement is Products – movable items (including movable items with digital elements) – that, after delivery, are inseparably combined with other movable items, including movable items with digital elements; (7) where the subject of the agreement is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and delivery can occur only after 30 days and whose value depends on market fluctuations beyond the Seller’s control; (8) where the consumer explicitly requested the Seller to visit them for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the consumer or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the right of withdrawal applies to those additional services or Products; (9) where the subject of the agreement is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, goods transport, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the day or period of service provision is specified in the agreement; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer’s explicit and prior consent, the consumer was informed before performance began that they would lose their right to withdraw after performance by the Seller, acknowledged this, and the Seller provided the consumer with confirmation as required under Regulation 13 of the Consumer Contracts Regulations 2013; (14) for the provision of services for which the consumer is obliged to pay a price, where the consumer explicitly requested the Seller to visit them for repair, and the service has been fully performed with the consumer’s explicit and prior consent.

8.10 The provisions in this Section 8 of the Terms and Conditions concerning consumers also apply, from 1 January 2021 and for agreements concluded from that date, to a Service Recipient or Customer who is a natural person entering into an agreement directly related to their business activity, where it is evident from the agreement’s content that it does not have a professional character for that person, particularly based on the subject of their business activity as registered with Companies House.

9. PROVISIONS CONCERNING BUSINESSES

9.1 This Section 9 of the Terms and Conditions, and all provisions contained herein, apply exclusively to and bind Customers or Service Recipients who are not consumers and, from 1 January 2021 and for agreements concluded from that date, are not natural persons entering into an agreement directly related to their business activity, where it is evident from the agreement’s content that it does not have a professional character for that person, particularly based on the subject of their business activity as registered with Companies House.

9.2 The Seller has the right to withdraw from a Sales Agreement within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims by the Customer against the Seller.

9.3 The Seller’s liability for warranty or non-compliance of the Product with the Sales Agreement is excluded, except where such exclusion is prohibited or unfair under UK law (e.g., Unfair Contract Terms Act 1977).

9.4 The Seller will respond to complaints within 30 calendar days from the date of receipt.

9.5 The Seller may limit available payment methods, including requiring full or partial prepayment, regardless of the Customer’s chosen payment method or the fact that a Sales Agreement has been concluded.

9.6 The Service Provider may terminate an Electronic Service agreement with immediate effect and without stating a reason by sending the Service Recipient a relevant statement.

9.7 The Service Provider/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, up to a maximum of £200. This monetary limit applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Agreement was concluded or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical, foreseeable damages at the time of agreeing and is not liable for lost profits. The Seller is also not liable for delays in parcel transport.

9.8 Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the courts competent for the Seller/Service Provider’s registered office, i.e., the courts of England and Wales, subject to the jurisdiction provisions in Section 11.6.

10. UNLAWFUL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE TERMS AND CONDITIONS

10.1 This Section of the Terms and Conditions contains provisions arising from UK law regarding the Online Store and the Service Provider, particularly the Online Safety Act 2023, the Electronic Commerce (EC Directive) Regulations 2002, and consumer protection laws. The Service Recipient is generally not required to provide content when using the Online Store unless the Terms and Conditions require providing specific data (e.g., data for placing an Order). The Service Recipient may have the option to add reviews or comments in the Online Store using tools provided by the Service Provider. In any case of content provision by the Service Recipient, they are obliged to comply with the rules set out in these Terms and Conditions.

10.2 POINT OF CONTACT – The Service Provider designates the e-mail address info@otcdirect.plus as a single point of contact. This contact point enables direct communication between the Service Provider and UK regulatory authorities, such as Ofcom under the Online Safety Act 2023, and allows service recipients (including Service Recipients) to communicate directly, quickly, and efficiently with the Service Provider electronically, to apply UK law. The Service Provider indicates English as the language for communication with this contact point.

10.3 Procedure for Reporting Unlawful Content and Actions under UK Law:

10.3.1 Any person or entity may report to the Service Provider the presence of specific information they consider to be unlawful content, as defined under the Online Safety Act 2023, by emailing info@otcdirect.plus.

10.3.2 Reports must be sufficiently precise and properly substantiated. To this end, the Service Provider enables and facilitates submissions to the above e-mail address containing all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity claims the reported information constitutes unlawful content; (2) a clear indication of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information enabling identification of the unlawful content, depending on the type of content and specific service; (3) the name and e-mail address of the person or entity making the report, except for reports concerning information related to offences under UK criminal law (e.g., the Protection of Children Act 1978); and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

10.3.3 A report, as referred to above, is deemed to provide actual knowledge or awareness of UK law concerning the information it concerns, if it enables the Service Provider, acting with due diligence, to determine – without a detailed legal analysis – the unlawful nature of the activity or information, consistent with Ofcom’s guidance under the Online Safety Act 2023.

10.3.4 If a report contains the electronic contact details of the person or entity who made the report, the Service Provider will promptly send confirmation of receipt of the report to that person or entity. The Service Provider will also promptly notify that person or entity of its decision regarding the information covered by the report, providing information on the possibility of appealing the decision under UK law, such as through the CMA or Ofcom channels.

10.3.5 The Service Provider will review all reports received under the mechanism described above and make decisions regarding the information they concern in a timely, non-arbitrary, objective manner, and with due diligence, following the Online Safety Act 2023 and Ofcom guidance. If the Service Provider uses automated means for such review or decision-making, this will be noted in the notification referred to in the previous point, ensuring transparency as required under UK law.

10.4 Information on Restrictions Imposed by the Service Provider in Connection with the Use of the Online Store, Regarding Information Provided by Service Recipients:

10.4.1 The Service Recipient is subject to the following rules when providing any content within the Online Store:

10.4.1.1 The obligation to use the Online Store, including posting content (e.g., reviews or comments), following its purpose, these Terms and Conditions, and in a manner consistent with UK law and good practices, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties.

10.4.1.2 The obligation to provide content that is factually accurate and not misleading.

10.4.1.3 The prohibition on providing unlawful content, including the prohibition on providing unlawful content as defined under the Online Safety Act 2023.

10.4.1.4 The prohibition on sending unsolicited commercial communications (spam) via the Online Store.

10.4.1.5 The prohibition on providing content violating generally accepted netiquette rules, including vulgar or offensive content.

10.4.1.6 The obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store pages, particularly copyrights or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute images or personal data in the case of content involving the image or personal data of third parties, in compliance with UK GDPR.

10.4.1.7 The obligation to use the Online Store in a manner that does not pose a security threat to the Service Provider’s IT system, the Online Store, or third parties, as required under UK cybersecurity laws, such as the Computer Misuse Act 1990.

10.4.2 The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store. Moderation is conducted in good faith, with due diligence, on the Service Provider’s initiative, or upon receiving a report, to detect, identify, and remove unlawful content or other content non-compliant with the Terms and Conditions, restrict access to it, or take necessary measures to comply with UK law, including requirements of the Online Safety Act 2023, the Electronic Commerce (EC Directive) Regulations 2002, or those in the Terms and Conditions.

10.4.3 Moderation may be performed manually by a person or rely on automated or semi-automated tools to assist the Service Provider in identifying unlawful content or other content non-compliant with the Terms and Conditions. Upon identifying such content, the Service Provider will decide whether to remove, restrict access to, or otherwise limit its visibility or take other necessary actions (e.g., contact the Service Recipient to clarify concerns and modify the content), in line with Ofcom’s guidance under the Online Safety Act 2023. The Service Provider will clearly and understandably inform the Service Recipient who provided the content (if their contact details are available) of its decision, the reasons for it, and available appeal options under UK law.

10.4.4 In fulfilling its rights and obligations under UK law, the Service Provider is obliged to act with due diligence, objectively, proportionately, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, particularly considering rights enshrined in UK law, such as freedom of expression under the Human Rights Act 1998 and consumer rights under the Consumer Rights Act 2015.

10.5 Any comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or decision made under these Terms and Conditions may be submitted like the complaints procedure outlined in Section 6 of these Terms and Conditions. Using this procedure is free and allows complaints to be submitted electronically to the specified e-mail address. Using this complaints procedure does not prejudice the right of any person or entity to initiate court proceedings or affect their other rights under UK law.

10.6 The Service Provider will review all comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or decision in a timely, non-discriminatory, objective, and non-arbitrary manner, following the Online Safety Act 2023 and Ofcom guidance. If a complaint or other submission provides sufficient grounds for the Service Provider to determine that its decision not to act in response to a report is unjustified, or that the information subject to the complaint is not unlawful or non-compliant with the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider will promptly reverse or modify its decision to remove, restrict access to, or otherwise limit the visibility of the content or take other necessary actions, as required under UK law.

10.7 Service Recipients, persons, or entities who made reports of unlawful content and to whom the Service Provider’s decisions regarding unlawful content or content non-compliant with the Terms and Conditions are directed, have the right to choose any certified out-of-court dispute resolution body designated by the UK Digital Services Coordinator (e.g., Ofcom or the CMA) to resolve disputes regarding those decisions, including complaints unresolved through the Service Provider’s internal complaints system, following UK law, such as the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

11. FINAL PROVISIONS

11.1 Agreements concluded through the Online Store are entered into in the English language.

11.2 Amendments to the Terms and Conditions:

11.2.1 The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, including changes in UK law; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes in the scope or form of Electronic Services provided; addition of new Electronic Services; or the need to counter an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of these Terms and Conditions.

11.2.2 Notification of proposed changes is sent at least 15 days in advance of the changes taking effect unless a change must be introduced without the 15-day notice period in cases where the Service Provider: (1) is subject to a legal or regulatory obligation under UK law requiring amendment of the Terms and Conditions in a manner that prevents compliance with the 15-day notice period; or (2) must exceptionally amend the Terms and Conditions to counter an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats under UK cybersecurity laws (e.g., Computer Misuse Act 1990, Network and Information Systems Regulations 2018). In the latter two cases, changes take effect immediately, unless a longer implementation period is possible or necessary, as notified by the Service Provider each time.

11.2.3 For continuous agreements (e.g., provision of an Electronic Service – Account), the Service Recipient may terminate the agreement with the Service Provider before the notice period for proposed changes expires. Such termination becomes effective 15 days from the date of receiving the notice. For continuous agreements, the amended Terms and Conditions bind the Service Recipient if they were properly notified of the changes within the notice period before their introduction and did not terminate the agreement during that period. Additionally, at any time after receiving notice of changes, the Service Recipient may accept the proposed changes and waive the remainder of the notice period. For agreements other than continuous agreements, changes to the Terms and Conditions will not affect any acquired rights of the Service Recipient before the changes take effect, particularly changes will not impact Orders already placed or Sales Agreements concluded, being processed, or fulfilled.

11.2.4 If changes to the Terms and Conditions result in the introduction of new fees or an increase in existing fees for consumers, the consumer has the right to withdraw from the agreement, as required under the Consumer Rights Act 2015.

11.3 For matters not regulated in these Terms and Conditions, applicable UK law applies, particularly: the Sale of Goods Act 1979; the Supply of Goods and Services Act 1982; the Consumer Rights Act 2015; the Consumer Contracts Regulations 2013; the Electronic Commerce (EC Directive) Regulations 2002; the Data Protection Act 2018; the Online Safety Act 2023; and other relevant provisions of UK law.

12. SAMPLE WITHDRAWAL FORM

(SCHEDULE 2 TO THE CONSUMER CONTRACTS REGULATIONS 2013)

– Addressee:

– I/We(*) hereby inform you of my/our withdrawal from the sales agreement for the following goods(*) the supply agreement for the following goods(*) the contract for work involving the following goods(*)/the provision of the following service(*)

– Date of the agreement(*)/receipt(*)

– Name(s) of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper form)

– Date

(*) Delete as appropriate.