Original Penguin EU Website Terms & Conditions
Website Terms and Conditions of Use
- Site Usage policy
- Site Contents
- Use of this Site Outside of the UK
- Intellectual Property Rights
- Information about you and your visits to our Site
- Password and Account Security
- User Comments, Feedback, Postcards and Other Submissions
- Linking to the Site
- Links to Other Web Sites
- Reliance on Information Posted
- Interactive Services
- Third Party Rights
- Entire Agreement
- Jurisdiction, Applicable Law and Language
- Third-Party Trademarks
- Notices for Reporting and Making Claims of Copyright Infringement
General Terms and Conditions of Sale
- Website Terms and Conditions
- Product Information
- Age Restrictions on Purchase
- Promotional and Discount Codes
- eGift Certificates
- Purchase of Products
- Acceptance of Your Order
- Security Checks
- Your Right to Cancel
- Our Returns and Refund policy
- Customer Services
- Force Majeure
- Compliance with Laws
- Third Party Rights
- Entire Agreement
- Jurisdiction, Applicable Law and Language
- ORIGINAL PENGUIN CONCERT TICKET PRIZE DRAW
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.[Back to Top]
If you have any concerns about material which appears on the Site or our products, please contact firstname.lastname@example.org.
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 Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.[Back to Top]
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 Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.[Back to Top]
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
You are prohibited from breaching or attempting to breach the security measures on the Site, including, without limitation:
- Attempting to gain unauthorised access to the Site;
- 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;
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- 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
- 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 viliate the privacy or publicity or other personal rights of others, or (c) that is libellous, obscene, offensive, threatening, defamatory, abusive or hateful.
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.[Back to Top]
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").[Back to Top]
Use of this Site outside of the UK
Except where otherwise specified on this Site, the Contents on this Site are displayed sliely 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[Back to Top]
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.[Back to Top]
Information about you and your visits to our Site
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.[Back to Top]
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 sliely 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.
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.[Back to Top]
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: email@example.com[Back to Top]
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 sliely 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.[Back to Top]
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.[Back to Top]
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.[Back to Top]
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 foliproof. 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.[Back to Top]
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 sliely 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.[Back to Top]
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.[Back to Top]
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.[Back to Top]
Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.[Back to Top]
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: firstname.lastname@example.org
Please send any concerns regarding our products or services to email@example.com.[Back to Top]
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.[Back to Top]
Website Terms and Conditions
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.
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.[Back to Top]
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 lid or over and possess a valid credit or debit card issued by a bank acceptable to us.[Back to Top]
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.
Welcome Email & Bounceback Card Promotional Codes
To redeem online discount, coupon code must be entered at checkout. Not valid at speciality, retail or department stores. Not valid for cash. Not to be combined or used in conjunction with any other offer, discount or promotion. Non-transferable. No adjustments to prior purchases. Postage and packaging fees do not count towards qualifying purchase amount for discount and are excluded from any discount.
OUTLET and SALE products are EXCLUDED from this offer. If you make a return from your qualifying purchase you will only be refunded the actual price paid after discount. Offer is subject to change without notice.[Back to Top]
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.[Back to Top]
Purchase of Products
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.[Back to Top]
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.[Back to Top]
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).[Back to Top]
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.
|UK Standard Delivery||£3.95||3-5 working days|
|UK Next Working Day Delivery||£4.95||Next working day|
|UK Next Working Day By Noon Delivery||£7.95||Next working day by noon|
|UK Saturday Delivery||£10.95||Next Saturday|
|International Standard Delivery||£5.95||5-7 working days|
Delivery is charged per order no matter how many items you buy.
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.
We are offering FREE UK standard delivery on all orders from 10th December until 16th December 2015. Discount will automatically be applied at checkout.
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.
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 firstname.lastname@example.org or by calling 0800 031 9160.[Back to Top]
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 email@example.com; 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.[Back to Top]
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 cliour 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; Unit 1; Common Lane; Fradley Park; Lichfield; WS13 8NQ; United Kingdom.[Back to Top]
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: firstname.lastname@example.org
- 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![Back to Top]
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 flilowing: (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 sliution 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.[Back to Top]
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.[Back to Top]
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.[Back to Top]
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.[Back to Top]
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.[Back to Top]
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.[Back to Top]
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.[Back to Top]
ORIGINAL PENGUIN CONCERT TICKET PRIZE DRAW
- The Promoter is Perry Ellis Europe Limited brand, whose registered office is at Crittall Road, Witham, Essex, CM8 3DJ (the “Promoter”). This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Any and all questions, comments or complaints regarding the promotion must be directed only to Promoter and not Facebook.
- By entering the prize draw for the chance to win two (2) tickets to attend the All Tvvins concert at the Olympic Theatre in Dublin on October 28 th 2016, (the “Prize Draw”) you agree to be bound by these Terms and Conditions.
- The Prize Draw begins at 5:00:01 PM BST on October 18, 2016 and ends at 11:59:59 PM BST on October 21, 2016 (the “Prize Draw Period”).
- This Prize Draw is open to any resident of Ireland aged 18 or over, except for employees of the Promoter and their respective families, agencies or anyone else associated with this Prize Draw. No entry fee necessary to enter or win.
- To participate in this Prize Draw, you must have an account with Facebook. If you do not already have an account with Facebook, you may create a free account as instructed by www.facebook.com. To enter this Prize Draw, during the Prize Draw Period, (a) log onto you Facebook account; (b) go to the Original Penguin Facebook page at www.facebook.com/OriginalPenguin and “like” the page to receive one (1) entry into this Prize Draw (the “Entry”). No other attempted method of entry will be accepted. By participating in this Prize Draw, you agree to this Terms and Conditions and the decisions of Promoter, which are final and binding in all respects.
- There is a limit of one (1) entry per person. Any dispute as to identity of the participant shall be resolved by the Promoter in its sole discretion.
- Entries will be deemed to have been submitted by the authorized Facebook account holder associated with the username used at the time of the entry via Facebook. "Authorized Facebook account holder" is defined as the natural person who is assigned to the user name by Facebook. Participants must enter using only an Facebook account subscribed to and registered in his/her name. Computer generated entry forms and entries (except as permitted in these Official Rules) are ineligible and will be disqualified. Entries or attempting to enter the Prize Draw multiple times through the use of multiple email addresses or Facebook user names, or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified.
- By submitting an Entry into the Prize Draw, each entrant hereby irrevocably grants Promoter a non-exclusive, non-transferable, royalty-free perpetual license to use, reproduce, edit, adapt, publish and/or display the Entry for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
- There is one (1) grand prize (the “Prize) consisting of two (2) concert tickets to attend the All Tvvins concert at the Olympic Theatre in Dublin on October 28 th 2016. Approximate retail value for Prize is €50. Travel costs are not included in the Prize.
- Any expenses related to acceptance and use of prize which are not specified in these Terms and Conditions as well as all applicable taxes on prize are winner’s sole responsibility including but not limited to airport and hotel transfers, travel insurance, passport and visa arrangements (if applicable). No prize substitution except by the Promoter, who reserves the right to substitute a prize of comparable value if the advertised prize is unavailable for any reason. Prize cannot be transferred without the consent of the Promoter. Odds of winning depend on the number of eligible entries received.
- The winner will be selected in a random drawing conducted by the Promoter on or about October 21, 2016. The drawing will be conducted from all eligible entries received during the Prize Draw Period. Potential winner will be contacted via e-mail within 48 hours of the drawing. Time is of the essence in relation to the Prize and the potential winner must confirm acceptance of the Prize within 24 hours of notification by the Promoter. In the event of noncompliance or if potential winner cannot be contacted, is ineligible or is otherwise not in compliance with these Terms and Conditions, he/she will be disqualified and an alternate winner selected from among all remaining eligible entries received.
- The Promoter is not liable for any damage caused directly, or indirectly, as a consequence of interruptions, disruptions, or the premature termination of this Prize Draw for any reason. Each participant must take all appropriate measures to ensure the security of his or her own data and/or the software on his or her web-enabled hardware, and is responsible for securing his or her site against attacks of any kind.
- The Promoter is not responsible for (a) entries that are lost, late, illegible, misdirected, stolen, incomplete, damaged or delayed (and all such entries are void); (b) any incomplete, incorrect or inaccurate information; or (c) any theft or destruction or unauthorized access to, or alteration of, entries. The Promoter reserves the right at its sole discretion to cancel, terminate, modify or suspend this Prize Draw and conduct this Prize Draw and award the prize in a manner which is fair, equitable and in accordance with these Terms and Conditions, as determined by The Promoter in its sole discretion. Notice of such action will be posted at the Promoters Website. The Promoter reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of this Prize Draw or to be acting in violation of these Terms and Conditions. The preceding in no way precludes the Promoter from taking other actions against such individuals so as to protect its rights.
- By entering this Prize Draw, you agree that your details, including your email address, may be used to keep you informed about the Promoter’s promotions, products, and news. The Promoter complies with the standard procedures laid down in the UK Data Protection Act to ensure that the personal information you give us is kept secure and processed fairly and lawfully. We will not share your information with third parties for marketing purposes. Those who do not wish to receive future marketing materials of the Promoter will have the option to opt-out.
- By accepting the prize, except where prohibited by law, winner agrees to the use of his/her name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by the Promoter and its designees without further compensation or notice. By participating, entrant indemnifies, releases and agrees to hold harmless the Promoter and its parent, affiliates, divisions and subsidiaries, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability arising from participating in this Prize Draw, any Prize Draw-related activity and/or acceptance, receipt, possession or use/misuse of the prize (if applicable).
- To the maximum extent permitted by law, the Promoters and Facebook 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.
- 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.
- The winner’s details will be made available for up to fourteen (14) days after the drawing. For the name of winner, send a self-addressed, stamped envelope to: Perry Ellis Europe Limited, Mappin House Messanine Floor, 4 Winsley Street, London W1W 8HF, United Kingdom.