Terms and Conditions

Effective: September 18, 2026 | Website: penguindesignz.shop

These Terms and Conditions govern your use of penguindesignz.shop and purchases from Penguin Designz Apparel & More. By using the website, placing an order, or submitting customization materials, you agree to these Terms.

Custom-order essentials: Review all names, dates, sizes, colors, placement, and artwork before approving a proof. Custom products generally become final sale once production begins, except when an item is damaged, defective, or incorrect because of our error.

1. About these Terms

In these Terms, "Penguin Designz," "we," "us," and "our" mean Penguin Designz Apparel & More. "You" and "your" mean the person visiting the website or purchasing our products or services.

These Terms apply together with our Privacy Policy, Shipping Policy, and Returns & Refunds Policy. If a specific policy conflicts with these Terms on shipping, returns, refunds, or privacy, the more specific policy controls for that subject.

2. Eligibility and lawful use

You must be legally able to enter into a binding agreement to place an order. If you are under the age of majority where you live, a parent or legal guardian must place the order for you.

You may use the website only for lawful purposes. You may not interfere with the website, attempt unauthorized access, introduce malicious code, misuse checkout or payment systems, scrape content in a manner that harms the site, or use the site to violate another person's rights.

3. Changes to these Terms

We may update these Terms when our services, business practices, or legal obligations change. Updated Terms will be posted with a new effective date and apply prospectively. The version in effect when your order is accepted will govern that order unless applicable law requires otherwise.

4. Product information

We make reasonable efforts to describe and display products accurately. Colors may look different across screens, and finished colors, textures, placement, grain, engraving depth, and print appearance may vary slightly because of materials and production methods. Handmade and natural materials may also have normal variations.

Measurements and size charts are guides. You are responsible for selecting the size and options shown in your order. Product availability may change without notice.

5. Customization details and proofs

You are responsible for providing complete and accurate names, dates, wording, sizes, colors, photographs, artwork, placement instructions, and other customization details. Review your order carefully before submitting it.

When we provide a digital or physical proof, you are responsible for checking every detail before approval. Production may begin after approval. We are not responsible for an error contained in customer-supplied material or an approved proof. If we discover an unclear instruction or apparent error, we may pause production and contact you for clarification.

Proof images are intended to show layout and content. They may not perfectly represent final color, scale, texture, or placement on a physical product.

6. Customer-provided content

You keep your ownership rights in photographs, logos, artwork, text, and other materials you submit. By submitting them, you grant us a limited, non-exclusive license to store, edit, reproduce, and use those materials only as reasonably necessary to prepare proofs, produce and deliver your order, provide customer service, maintain business records, and resolve disputes.

You represent that you own the submitted materials or have permission to use them for the requested product. You may not submit content that infringes copyrights, trademarks, privacy, publicity, or other rights; is unlawful or fraudulent; or promotes threats, harassment, or illegal activity. We may refuse or cancel work that we reasonably believe violates these requirements.

7. Production decisions

We may use reasonable production judgment to adapt artwork for the selected material or method, including minor changes to scale, spacing, contrast, or placement. We will seek approval when a change would materially alter the requested design.

8. Orders and acceptance

Submitting an order is an offer to purchase. An automated receipt confirms that we received the order; it does not necessarily mean we have accepted it. We accept an order when we confirm it for production or shipment.

We may reject or cancel an order before fulfillment if a product is unavailable, pricing or product information is materially incorrect, payment cannot be verified, fraud or misuse is suspected, the requested content violates these Terms, or we cannot reasonably complete the work as ordered. If we cancel after payment, we will refund the amount paid for the canceled portion.

9. Prices, taxes, and payment

Prices are shown in U.S. dollars unless stated otherwise and may change without notice. The price in effect when an order is placed applies to that order, subject to correction of an obvious error. Applicable taxes, shipping charges, and other fees are shown at checkout when available.

Payment is due as shown at checkout or in a written custom-order quote. You authorize our payment provider to charge the selected payment method for the order total. We do not guarantee that any payment method will remain available.

10. Processing, shipping, and pickup

Production and delivery dates are estimates unless we expressly agree in writing to a guaranteed deadline. Timing may depend on receiving complete artwork, customization details, payment, and proof approval. Carrier delays and events outside our reasonable control may affect delivery.

Shipping methods, address corrections, tracking, damaged packages, and delivery issues are governed by our Shipping Policy. If local pickup is offered at checkout or arranged directly, we will provide pickup instructions when the order is ready. An order is not ready for pickup until we confirm it.

11. Cancellations, returns, and refunds

Contact us promptly if you need to change or cancel an order. A change or cancellation may be available before materials are ordered or production begins. Custom and personalized products generally become final sale once production starts.

Eligibility, time limits, return shipping, damaged or incorrect items, exchanges, and refund timing are governed by our Returns & Refunds Policy. Nothing in these Terms limits any non-waivable rights available under applicable consumer law.

12. Our intellectual property

The website and its original text, graphics, product photographs, designs, branding, logos, layout, and other content are owned by Penguin Designz or used with permission and are protected by applicable intellectual-property laws. Except as allowed by law, you may not copy, reproduce, modify, publish, distribute, sell, license, or commercially exploit this content without written permission.

Purchasing a physical product does not transfer ownership of any underlying design, artwork, logo, template, or other intellectual property unless we expressly agree in writing.

13. Reviews and communications

If you submit a review, testimonial, comment, or other public-facing content, you represent that it is truthful, based on your experience, and does not violate another person's rights. You grant us a non-exclusive, royalty-free license to display and use that content in connection with the website and our business. We may remove content that is unlawful, abusive, misleading, unrelated, or contains private information.

Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law. You are responsible for keeping the contact information associated with your order accurate.

14. Third-party services and links

The website may rely on or link to third parties such as website hosting, payment processing, shipping, social media, analytics, and advertising providers. Their services and privacy practices are governed by their own terms and policies. We are not responsible for third-party websites or services that we do not control.

15. Website availability

We may update, suspend, or discontinue any part of the website or product catalog. We do not promise uninterrupted or error-free access. We may restrict access when reasonably necessary for maintenance, security, legal compliance, or prevention of misuse.

16. Disclaimer of warranties

To the fullest extent permitted by law, the website and its content are provided "as is" and "as available." We disclaim implied warranties that may lawfully be disclaimed, including merchantability, fitness for a particular purpose, title, and non-infringement. This disclaimer does not apply to warranties or consumer rights that cannot legally be excluded.

17. Limitation of liability

To the fullest extent permitted by law, Penguin Designz will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunity, arising from the website, a product, or these Terms.

To the fullest extent permitted by law, our total liability for a claim relating to a product or order will not exceed the amount you paid for the product or order giving rise to the claim. These limits do not apply where liability cannot legally be limited, including liability for fraud, willful misconduct, or personal injury caused by negligence where applicable law prohibits limitation.

18. Your responsibility

You are responsible for losses, claims, and reasonable costs arising from content you submit, your unlawful misuse of the website, or your violation of another person's rights. This responsibility applies only to the extent allowed by law and only to losses reasonably connected to your conduct.

19. Events outside our control

We are not responsible for delay or failure caused by events outside our reasonable control, including severe weather, carrier disruption, fire, flood, utility or internet outage, labor disruption, government action, public-health emergency, or supplier failure. We will make reasonable efforts to communicate material delays and resume performance when possible.

20. Governing law and disputes

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law rules. Before filing a legal claim, you and Penguin Designz agree to make a good-faith effort to resolve the issue by contacting the other party. Any court proceeding must be brought in a state or federal court with jurisdiction in New Hampshire, unless applicable consumer law allows another location.

21. General terms

If any provision is found unenforceable, the remaining provisions will remain in effect and the affected provision will be enforced to the greatest extent permitted by law. A failure to enforce a provision is not a waiver. You may not transfer your rights or obligations under these Terms without our consent; we may transfer ours as part of a sale, reorganization, or transfer of the business. These Terms and the policies they incorporate are the entire agreement concerning the website and orders, except for a separate written agreement that we expressly accept.

22. Contact us

Penguin Designz Apparel & More

153 Belmont St, Manchester, NH

Email: penguindesignz2020@gmail.com

Phone: 603-661-7028

Website: https://penguindesignz.shop

Questions about these Terms may be sent using the contact information above.