Original Penguin EU Website Terms & Conditions

 
A. Website Terms and Conditions of Use
 
B. General Terms and Conditions of Sale


General
These terms and conditions (including: a) the website terms and conditions of use; b) general terms and conditions of sale; and c) the privacy policy) (together "Website Terms") apply to the Original Penguin® web site located at www.OriginalPenguin.co.uk (the “Site”). The Site is owned and operated by Perry Ellis Europe Limited (company number 00981294) (“Perry Ellis"”, "we", "us", "our")a company registered in England and Wales whose principal place of business is Crittal Road, Witham, Essex CM8 3DJ, United Kingdom, VAT Number 9456403212.
We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the Site constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you must not access or otherwise use this Site.
Contact
If you have any concerns about material which appears on the Site or our products, please contact customercare@originalpenguin.co.uk.
Variations
We reserve the right to revise these terms and conditions from time to time, without notice. When we make changes, we will post them here. You may wish to check this section from time to time to take notice of any changes we made, because your use of the Site following any changes indicates your agreement to be bound by those modifications.   Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.
Our Site Changes Regularly
We aim to update the Site regularly, and may change the content at any time without notice. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.


A. Website Terms and Conditions of Use
This section sets out the terms and conditions of use in respect of the Site ("Website Terms and Conditions of Use").  
Site Usage Policy
(A) Security
You are prohibited from breaching or attempting to breach the security measures on the Site, including, without limitation:
  1. Attempting to gain unauthorised access to the Site;
  2. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorised to access;
  3. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
  4. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
  5. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
  6. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
  7. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  8. Hijacking all or any part of the Site content; deleting or changing any Site content; deploying pop-up messages or advertising; running or displaying this Site or any Site content in frames or through similar means on another Site; or linking to the Site or any page within the Site, without our specific written permission; or
  9. Misusing the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use.
You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, database rights, patent, trademark, trade names, moral rights, rights in the nature of unfair competition rights, trade secret, rights of confidence or other intellectual property rights of us or others or violate the privacy or publicity or other personal rights of others, or (c) that is libellous, obscene, offensive, threatening, defamatory, abusive or hateful.
(C) Breaches
We have absolute discretion to determine if any use breaches these rules, and to act as we deem appropriate in the event of any breach. In the event of such a breach, your right to use the Site will cease immediately. Misuse of the Site, system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such breaches and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such breaches. 
Additionally, any breach by you of these Website Terms may result in us blocking your access to the Site.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by Perry Ellis Europe Limited its parent company, and its subsidiaries and affiliates (collectively, "Perry Ellis Group").
Use of this Site outside of the UK
Except where otherwise specified on this Site, the Contents on this Site are displayed solely for the purposes of promoting Perry Ellis' products available in the UK. However, Perry Ellis may accept orders for delivery to locations outside of the UK, subject to customs, legal, regulatory and certain practical restrictions. Those who access this Site from locations outside of the UK or place orders for delivery to locations outside of the UK are responsible for compliance with local laws (to the extent applicable
Intellectual Property Rights
The Site as a whole and its Contents are protected by intellectual property rights including but not limited to) copyright, patents, data base rights, trademark, trade dress and other laws (including treaties) and all worldwide right, title and interest in and to the Site and its Contents are owned by Perry Ellis Group or used with permission. All such rights are reserved and none of these rights are transferred to the user. Original Penguin and all other trademarks appearing on this Site are trademarks of Perry Ellis Group or are licensed or used with permission of the owner by Perry Ellis Group.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the authorised users of the Site and may not be used except as permitted in these Website Terms. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. 
Nothing contained on this Site grants or should be construed as granting, any licence or right to use, implied or otherwise, any trademarks, design rights, data base rights, trade names, service marks, logos, domain names, business names, moral rights, rights in the nature of unfair competition rights and rights to sue for passing off, copyrighted or other proprietary material, including any rights in the nature of or having equivalent or similar effect to any of the aforesaid items in any country or jurisdiction, displayed on this Site without the prior written consent of Perry Ellis Group or the owner of such material. 
If you print off, copy or download any part of the Site (including the Contents) in breach of these Website Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Information about you and your visits to our Site
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Password and Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Perry Ellis Group shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Perry Ellis Group on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Perry Ellis Group's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Perry Ellis Group of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Perry Ellis Group is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will breach any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) when placed on the Site and accessed and used by any third party authorised user as permitted in these terms and conditions. You further agree that none of the Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Perry Ellis Group may send electronic mail to you for the purpose of advising you of changes or additions to this Site. You will be asked when you place an order with us or register with our Site to indicate whether you object to us using your personal data to provide you with information about any of Perry Ellis Group's products or services. You will also be asked whether you consent to us sharing your personal data with carefully selected third parties so that they may contact you with offers and information about their goods and services.
You agree that Perry Ellis Group may use and/or disclose information consistent with our Privacy Policy . Our Privacy Policy explains what personal information we collect about you when you use the Site, and you can view our Privacy Policy online by clicking [here]. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.
Indemnification
Failure by you to comply with these Terms and Conditions constitutes a material breach of our contract with you. You agree to defend, indemnify and hold Perry Ellis Group harmless from and against any and all claims, damages, costs and expenses, including reasonable administrative and legal costs, arising from or related to your use of the Site and the posting of any Comments.
Linking to the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.   You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Website Terms. If you wish to make any use of material on the Site other than that set out above, please address your request to: martin.burton@pery.com
Links to Other Web Sites
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Perry Ellis Group does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Perry Ellis Group makes no representations or warranties concerning, and is not responsible for the content, information or other material on or accessed from, any other websites that are not owned, operated or controlled by Perry Ellis Group.
Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Perry Ellis Group, ITS SUBSIDIARY COMPANIES AND/OR ANY OF ITS AFFILIATED ENTITIES hereby EXCLUDE ALL LIABILITY FOR ANY DAMAGES (HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION THROUGH CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY or otherwise)ARISING OUT of or in connection with YOUR ACCESS TO (OR INABILITY TO ACCESS) OR USE OF THIS SITE AND ITS CONTENTS. All conditions, warranties and other terms which MAY be implied by statute, common law or OTHERWISE ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. without limitation to the previous sentence IN NO EVENT SHALL Perry Ellis Group, ITS SUBSIDIARY COMPANIES AND/OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE, OR (II) LOSS OF PROFIT, (III) LOSS OF BUSINESS, (IV) LOSS OF OPPORTUNITY, (V) LOSS OF CONTRACT, (VI) WASTED MANAGEMENT TIME OR (VII) LOSS OF DATA, IN EACH CASE, INCURRED BY YOU IN CONNECTION WITH THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, EVEN IF Perry Ellis Group HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN EACH CASE, HOWSOEVER ARISING (WHETHER IN contract, tort (including negligence), breach of statutory duty or otherwise) OUT OF OR IN CONNECTION WITH your access to (or inability to access) or use of this site and its contents. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. NOTHING IN THESE WEBSITE TERMS SHALL EXCLUDE OR LIMIT our liability for death or personal injury arising from our negligence, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, section 7 of the Consumer Protection Act 1987, OR FOR ANY FRAUD, OR fraudulent misrepresentation or any other liability TO THE EXTENT IT cannot be excluded or limited under applicable law.
Reliance on Information Posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents and you hereby confirm that you have not relied on any such materials in entering into these Website Terms.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to revoke offers or correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if a credit card has already been charged. We apologise for any inconvenience this may cause you.
Interactive services
We may from time to time provide interactive services on the Site, including, without limitation: a) the ability to connect with your contacts or friends from social networking sites where Perry Ellis Group facilitate such connection; and b) the ability to download content, including music and video files (together "interactive services").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). 
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Miscellaneous
Unless otherwise specified and except to the extent Perry Ellis Group's products are offered for sale in the UK through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Perry Ellis Group's products and services available in the UK. This Site is controlled and operated by Perry Ellis Group from its offices in England.
Third Party Rights
Only you and Perry Ellis Group shall be entitled to enforce the Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.
Entire Agreement
These Website Terms (including: a) the website terms and conditions of use; b) general terms and conditions of sale; and c) the privacy policy) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties, and/or representations to the fullest extent permitted by law.
Jurisdiction, Applicable Law and Language
These Website Terms shall be governed by, construed and enforced in accordance with the law of the England and Wales, without giving effect to any conflict of law provisions. The English courts will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site, although Perry Ellis Group retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. 
Third-Party Trademarks
Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
Notices for Reporting and Making Claims of Copyright Infringement
Perry Ellis Group will investigate notices of copyright infringement and take appropriate actions under applicable copyright protection legislation (including, but not limited to, the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and written notification of claimed copyright infringement must be submitted to the following designated agent for this website:
VIA POST: Original Penguin, PO Box 325, BIRKENHEAD, CH25 9BY, UK.
VIA EMAIL: customercare@originalpenguin.co.uk
Please send any concerns regarding our products or services to customercare@originalpenguin.co.uk.
 B. General Terms and Conditions of Sale
All contracts for the sale of products by us to you incorporate these terms and conditions of sale ("General Terms and Conditions of Sale").   Any term or condition which is inconsistent with these General Terms and Conditions of Sale shall be of no effect.
Website Terms and Conditions
Whenever you use this Site to order any Original Penguin product, our website terms and conditions of use and privacy policy will apply to your use of the Site in addition to these General Terms and Conditions of Sale. By ordering a product through the Site, you shall be deemed to have read, understood and agreed to our Website Terms (which includes these General Terms and Conditions of Sale).
Product Information
Original Penguin products displayed on the Site are generally available in most cases in select department and/or company-owned stores in the United Kingdom and select EU member states while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Perry Ellis makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. 
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products through the Site, please note that:
  • orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Site;
  • all prices are displayed in pounds Sterling inclusive of UK VAT where applicable.
  • all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or quality and value.
Colours
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Age Restriction on Purchase
Our Site is not intended for use by individuals under the age of 18, and we do not knowingly collect any information from persons below the age of 18.
In order to contract with Perry Ellis, you must be 18 years old or over and possess a valid credit or debit card issued by a bank acceptable to us. 
Promotional and Discount Codes
Coupons, discounts and promotional discount codes offered by the Site are valid only for use as part of a purchase made via the Site, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in Perry Ellis Group shops, or for telephone orders.
eGift Certificates
eGift Certificates may only be redeemed at the Site, and via phone by calling 0800 031 9160
You cannot use an eGift Certificate to purchase another eGift Certificate. The eGift Certificate may not be exchanged for cash and is not transferable or assignable. eGift Certificates cannot be cancelled by the purchaser of the eGift Certificate once they have been redeemed in part or in full.
Any unused balance will be placed in the eGift Certificate recipient's account with the Site until the expiry date of the eGift Certificate and is not transferable. Your balance can be viewed at any time under the 'Order History' section of the Site.
If the order exceeds the amount of the eGift Certificate, the balance must be paid by credit or debit card.
If you cancel an order for any item you have purchased by redeeming your eGift Certificate, your Site account will be credited with the amount redeemed. If you redeemed your gift certificate in part payment of any item, you have the right to request a cash refund in respect of the amount you paid using your credit/debit card. If you do not request a cash refund, your Site account will be credited with the full amount paid.
Perry Ellis will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained eGift Certificate is either redeemed through the Site or is redeemed and used to make purchases on the Site.
Purchase of Products
Order
You can submit an order for products to originalpenguin.co.uk by completing the details required on the order summary page and clicking the send order button. All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom will be subject to an additional charge in accordance with the international delivery policy set out below.
Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/ debit card payment is approved by your credit card/ debit card company.
The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
Acceptance of Your Order
The technical steps required to create the contract between you and us are as follows:
  • You place the order for your products on the Site by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Site;
  • We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from www.originalpenguin.co.uk;
  • As your product is shipped from our warehouse, we will send you a dispatch confirmation email;
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these General Terms and Conditions of Sale;
If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this Site. eGift Certificate are accepted in accordance terms set out above.
Payment
For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account / paypal account (as applicable).
Security Checks
As part of our policy to protect against fraudulent use of credit / debit cards, we conduct security checks on all orders received. These checks can take various forms and may involve contacting you by telephone before we process your order. We also procure the services of various credit rating and fraud prevention companies and we may share details of your order with them for the sole purpose of detecting and preventing fraudulent use of your payment cards (in accordance with our Privacy Policy
Delivery
We make every effort to deliver all products within the United Kingdom in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance. This may not apply in respect of deliveries outside of the UK. All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. All deliveries (standard, next day and international (where the jurisdiction allows for this)) must be signed for and you will be responsible for the products as soon as they are delivered to you. Ownership of the products shall pass to you once we have received payment in full. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products at your risk. If you wish us to redeliver the products to you, we will try and deliver a maximum of 2 times, after which, the product(s) will be returned to us and your order cancelled and refund of your payment less any reasonable delivery charges we have incurred. In any event, if we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
In the UK we offer a standard and next day service. We also offer a standard international service. And no matter how many items you order you only pay one flat rate. Read on to find out more.

Option
Cost
Time
Order Tracking
UK Standard Delivery
£3.95
3-5 working days
Yes via email link
UK Next Day Delivery
£4.95
Next working day
Yes via email link

*These may vary according to the country.
Delivery is charged per order no matter how many items you buy.
Standard Delivery
Our standard delivery service costs £3.95 per order, and takes between three and five working days.
Deliveries to an address based in the UK are made by the Royal Mail from Monday to Saturday, and someone will need to be in to sign for your delivery.
You can track the progress of your delivery using the link that’s provided in your order confirmation email. Please note; it may take up to two working days for the first status to become available on the order tracking system.
Next Day Delivery
Our Next Day delivery service costs £4.95 per order.  
You must place your order before 4pm for it to be delivered the next working day.
Your order will be delivered by our courier, DPD, between 9am and 5pm, Monday to Friday, and someone will need to be in to sign for your delivery.
To avoid waiting around, you can receive SMS notification of the estimated one-hour delivery window that your order will arrive. If you wish to receive this, please make sure you provide your mobile number during checkout.
You can also track the progress of your delivery using the link that’s in your order confirmation email. Please note that it can take up to 12 hours for your order to appear on the system.
British Forces Post Boxes
Unfortunately we’re currently unable to deliver to British Forces Post Boxes. We’re working hard to offer this service in the near future.
Order Tracking
You can track your package using the link supplied in your order confirmation email. Should you have any questions about its progress, please contact either the Royal Mail or DPD in the first instance as they will be best placed to inform you of the status of your delivery.
If your order hasn’t arrived within your expected time, or if you’re not satisfied with the information you’ve been provided, please email or call our Customer Care team who’ll be ready to help.
If you have questions or issues that Royal Mail or DPD can’t help with, or further account-related queries please don’t hesitate to contact Original Penguin Customer Services by email at customercare@originalpenguin.co.uk or by calling 0800 031 9160.
Your Right to Cancel
If you are contracting as a consumer, you may cancel your order at any time within seven (7) working days, beginning on the day after you received your order. In this case, you will receive a full refund of the price paid for the product(s) in accordance with our returns and refunds policy.
However, we may have delivered (or dispatched) the products you have ordered. In this circumstance, if you are returning the product(s) to us for any reason other than the products being faulty, you are responsible for returning the products to us and pay the cost of doing so.
To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to cancel your order. If you wish to cancel your order, email our Customer Care Team at customercare@originalpenguin.co.uk; or write to Customer Care Centre, Original Penguin, PO Box 325, BIRKENHEAD, CH25 9BY, UK; or complete the Contact Us form which can be found under the ‘contact us’ link on all pages of our website.
Any products returned must be received by us in the same unused condition and, to the extent possible, in the same packaging as when we delivered them to you. Please note that in addition to your right to withdraw, we operate a Returns and Refund Policy. You should read this policy as this gives you extra benefits. This Policy may be found at Returns and Refund Policy.
Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the shipping Confirmation. This provision does not affect your other statutory rights as a consumer.
Our Returns and Refund Policy
If you’re not 100% satisfied, you have 28 days from the day you receive your order to return it back to us.
All items can be returned, including sale items, however in the interests of hygiene we are not able to accept returns of underwear [or swimwear] unless they are in their original, unopened packaging or are faulty.
We are not currently able to offer an exchange service. If you require a different colour or size please return the unwanted item and place a new order.
All returns must be made via post. Unfortunately products ordered online CANNOT currently be returned or exchanged in store.
It is very important that you remember to include your completed returns form with your parcel
If you have lost your returns form, you can print a new one by clicking here.
Remember; the goods are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the items or boxes.
We recommend you return your order using a secure or trackable method such as Royal Mail recorded or special delivery - and that you retain your proof of postage.
In all cases, the items returned must be in their original condition with all tags still attached. All goods will be inspected on return and any item in unsuitable condition or with tags removed will be sent back to you.
It can take up to seven (7) days (twenty one (21) days for international customers) for your returns to reach us, depending on which postal service you use. However once we receive them, we will inspect and process the goods within three working days to ensure you receive your refund as quickly as possible.
To keep you informed, we will send you an email confirming the action we have taken as soon as we are confident the goods are in their original condition.
Once we have received the return of your Order at our warehouse, we will process your refund within 24 hours. Any refund will be issued to the card used to make the original purchase. You should expect to see your refund in your account within five (5) working days once you have received your 'Return refund complete' update email, please note some banks may take longer than 5 working days to process refund payment.

If you have not received your refund and it has been 10 working days since receiving your 'Return refund complete' update email, please contact our Customer services team.
All returns should be returned to:
Original Penguin Returns; C/o Amethyst; Fourth Avenue; Burton Upon Trent; Staffordshire; DE14 2WL; United Kingdom.
Customer Services
How can I contact you?
Here at Original Penguin we pride ourselves on our customer care. If you need to contact us for any reason, you can reach us using any of the methods below.
Email: customercare@originalpenguin.co.uk
Phone: 0800 031 9160
Post:      Original Penguin, PO Box 325, BIRKENHEAD, CH25 9BY, UK
What are your Customer Care team hours of business?
Our Customer Care team are available to help seven days a week:
Monday – Friday 8:00 am to 8:00 pm
Saturday – Sunday 9:00 am to 6:00 pm
When will you get back to me?
We’ll do our best to respond to your email, call or letter within two working days.
How can I keep up to date with your latest news and offers?
Subscribe to our email updates on our homepage and you’ll be first to hear about our latest offers, new products and exclusive events.
We promise never to share you information with anyone else!
Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Compliance with Laws
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Site and any transactions conducted on or through the Site.
Severance
If any part of the General Terms and Conditions of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the General Terms and Conditions of Sale and shall not affect the validity and enforceability of the remaining provisions of the General Terms and Conditions of Sale.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the General Terms and Conditions of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Liability
When you order goods from the Site, our aggregate liability to you for any loss or damage arising in connection with these General Terms and Conditions for Sale shall be limited in respect of each claim, to the purchase price of your order.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these General Terms and Conditions of Sale or your use of the Site.

Except to the extent required by applicable law, Perry Ellis Group, its subsidiary companies and/or any of its affiliated entities shall not be liable to any person for any loss or damage which may arise from the use of or reliance upon any content information displayed in or on this Site.

If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these General Terms and Conditions of Sale shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these General Terms and Conditions of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
Third Party Rights
Only you and Perry Ellis Group shall be entitled to enforce these General Terms and Conditions of Sale. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.
Entire Agreement
The Website Terms (including: a) the website terms and conditions of use; b) general terms and conditions of sale; and c) the privacy policy) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties, and/or representations to the fullest extent permitted by law.
Jurisdiction, Applicable Law and Language
These General Terms and Conditions of Sale shall be governed by, construed and enforced in accordance with the law of the England and Wales, without giving effect to any conflict of law provisions. The English courts will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site, although Perry Ellis Group retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. 
Plugged In Session Competition

1. Acceptance of these terms and conditions is a condition of entry and the entry instructions form part of these terms and conditions. By entering into the competition you agree to be legally bound by these terms and conditions. The Promoters reserve the right, at their discretion, to exclude entrants and/or any winner if he/she does not comply with any of these terms and conditions.

2. To enter the competition, simply fill out and submit the official entry form at www.originalpenguin.co.uk anytime between 1st July 2014. No purchase is necessary.

3. The competition is open to any UK resident aged between 18 and 80, excluding employees of the Promoters, their families, agencies and anyone to whom they are professionally connected.

4. Any entries not meeting the above criteria shall be invalid. The Promoters will not be liable for any entries which are corrupted or not received for any reason.

5. Entries are limited to one entry per person. If more than one entry is received, only the first will be accepted.

6. There are 20 prizes consisting of 20 x Pairs (2) tickets to attend Plugged In Session at the Hospital Club, Covent Garden, London on July 8th.

7. The winners will be selected at random from all correctly completed and submitted entries on or around 2nd July by email. If a winner fails to confirm acceptance of the prize within 2 by 3rd days of such notification or cannot make use of the prize for any reason, the Promoters reserve the right to select an alternative winner.

8. The adjudicator’s decision is final and no correspondence will be entered into.

9. The prize is non-transferable and no cash alternative will be given.

10. The winner agrees not to sell, offer to sell or use the prize for any commercial or promotional purpose (including placing the prize on an internet auction site).

11. The Promoters reserve the right to change, alter or withdraw the competition at any time.

12. By entering, you agree that if you are chosen as a prize winner, you will allow the Promoters to use your name, photograph, video, voice recording and general location for its publicity and news purposes during this and any future promotions or advertising.

13. The Promoters will use the information which you provide or which we obtain from our dealings with you, to administer the competition. We may also use it to tell you about our products and offers, and for market research including analysis and development of our products and customer relationships. By entering the competition you agree to opt into the Original Penguin Marketing Database. Your information will not be shared with any third parties.

14. To the maximum extent permitted by law, the Promoters shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with the receipt, ownership and/or use of the prize.

15. If any of these terms and conditions are found by a competent court or other competent authority to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall continue in full force and effect.

16. These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any dispute arising is subject to the exclusive jurisdiction on the courts of England and Wales.

Promoters: (1) Perry Ellis Europe Ltd. (Original Penguin) Crittall Road, Witham,Essex, CM8 3DJ 

 

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