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Terms of Service

GENERAL TERMS AND CONDITIONS


Click here for the Dutch version of the terms and conditions.

 

Definitions

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:

Consumer: a natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

Day: calendar day;

Digital Content: data produced and delivered in digital form;

Distance Contract: a contract concluded between President Penguin and the Consumer within the scope of an organized system for distance selling products, Digital Content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

Sustainable Data Carrier: any means, including email, that allow the Consumer or President Penguin to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;

Returns Form: Please see the footer of your order confirmation email for a prefilled Returns Form or download a copy here.

President Penguin the company President Penguin, located at Adelaarstraat 42, in Utrecht and registered with the Trade Register of the Dutch Chamber of Commerce under number 69424926; and

Website: name of the website of President Penguin, being presidentpenguin.com.


Applicability

  1. These General Terms and Conditions apply to any offer from President Penguin and to any Distance Contract concluded between President Penguin and the Consumer.
  2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, President Penguin shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise without charge, before the Distance Contract is concluded.
  3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

The offer

  1. Obvious errors or mistakes in the offer are not binding for President Penguin.
  2. All offers contain sufficient information so that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

The contract

  1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, President Penguin shall promptly confirm receipt of having accepted the offer via electronic means.

    Returns

    1. President Penguin allows consumers to return products bought at presidentpenguin.com within 30 days from the date of purchase.
    2. If the consumer wishes to return a product, the Returns form (see our Returns page) attached must be completed and sent to info@presidentpenguin.com. Also, a copy of the Returns form must be included in the return shipment.
    3. The product must be returned as much as possible in the original state and packaging.
    4. The consumer must ensure the return of the product to the head office of President Penguin and will bear the costs for this return.
    5. President Penguin will reimburse the consumer within 5 working days after receival of the return.
      If, for any reason whatsoever, President Penguin can’t reimburse the consumer within these 5 working days the consumer will be informed accordingly with an expected new payment date.  
    6. Reimbursement will be done through the same payment method that the consumer initially used to place the order.

    Pricing

    1. President Penguin has the right to change the price of the displayed products without notice.
    2. If there is a validity period given in the offer, the prices of the products provided shall not be raised during this validity period, with the exception of  changes in price due to changes in VAT rates.
    3. Contrary to paragraph 1 of this Article, President Penguin may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of President Penguin, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
    4. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
    5. Price increases from 3 months after concluding the contract are permitted only if President Penguin has stipulated it and
      a. they are the result of legal regulations or stipulations, or
      b. the Consumer has the authority to cancel the contract before the Day on which the price increase starts.
    6. All prices indicated in the provision of products or services are including VAT.

    Performance agreement and extra guarantee

    1. President Penguin guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded.
    2. No claim can be made on paragraph 1 of this Article in the event of (i) damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
    3. An extra guarantee offered by President Penguin, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against President Penguin about a failure in the fulfillment of the obligations of President Penguin if President Penguin has failed in the fulfillment of his part of the agreement.
    4. ‘Extra guarantee’ is taken to mean each obligation by President Penguin, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

    Delivery and execution agreement

    1. President Penguin shall exercise the best possible care when booking and executing product orders and when assessing requests for the provision of services.
    2. The place of delivery is the address which the Consumer has provided to President Penguin.  
    3. The Consumer shall provide President Penguin with the correct delivery address and mail address. Any changes need to be reported immediately to President Penguin. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
    4. Delivery takes place while supply lasts.
    5. The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes to the Consumer upon delivery.
    6. President Penguin shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can only partially be filled, the Consumer shall be informed about this within 30 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
    7. After repudiation in conformity with paragraph 6 of this Article, President Penguin shall promptly return the payment made by the Consumer.
    8. The risk of loss and/or damage to products will be borne by President Penguin until the time of delivery to the Consumer or a representative appointed in advance and made known to President Penguin, unless explicitly agreed otherwise.


    Payment

    1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled after concluding the agreement and before the delivery.
    2. The Consumer has the duty to inform President Penguin promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

    Accounts and registration

    1. The Consumer can create an account or otherwise register on the Website. President Penguin reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
    2. The login details are strictly personal and must not be disclosed to third parties. The Consumer is responsible for his login details, even if this is done without his knowledge.
    3. The Consumer shall immediately alert President Penguin if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
    4. The Consumer may not create or manage more than one account. Moreover, the Consumer shall not be allowed to register or manage an account (again) after President Penguin has denied the request of the Consumer to create an account or after cancellation of the registration.

    Force majeure

    President Penguin and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.


    Complaints procedure

    1. President Penguin shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
    2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with President Penguin.
    3. The complaints submitted to President Penguin shall be replied within a period of 7 days after the date of receipt. Should a complaint require a foreseeable longer time of handling, President Penguin shall respond within 7 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

    Liability

    1. If the, by President Penguin, delivered matters are defective, the liability of President Penguin towards the consumer are limited to what is regulated in these conditions.
    2. Without prejudice to the above President Penguin is not liable if the damage is due to intention and / or liability and / or culpable acts by consumer, or the incompetent or improper use of the product by the consumer.  
    3. Consumer is obligated to reduce the damage as much as possible and, where possible, undo the damage.

    Privacy and security

    1. President Penguin respects the privacy of the Consumer. President Penguin treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the General Data Protection Regulation (GDPR). The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, President Penguin observes appropriate security measures.
    2. For more information about privacy, reference is made to our Privacy policy, which can be viewed on the Website of President Penguin.

    Additional provisions

    1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
    2. The administration of President Penguin serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
    3. President Penguin is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.
    4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, President Penguin shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

    Changes to Terms and Conditions

    You can review the most current version of our Terms and Conditions at any time at this page.


    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the T&C following the posting of any changes of these Terms & Conditions constitutes acceptance of those changes.


    Contact information

    For any question regarding these Terms & Conditions, you can get in contact with us. See our ‘Contact Us’ page for most recent contact information.


    Applicable law

    These General Terms and Conditions, and any non-contractual obligations arising thereto, between President Penguin and the Consumer are governed exclusively by the laws of The Netherlands.

     

    UPDATED 06-2019

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