Terms of service

Welcome to Original Penguin. These Terms of Service explain the rules that apply when you visit our website, browse our products, or place an order with us.

We want shopping for tennis apparel, polos, and sportswear to be simple, clear, and enjoyable. By using our website or placing an order, you agree to these Terms of Service.

Important: Please read these Terms carefully before placing an order. If you do not agree with these Terms, please do not use our website or place an order.

1. About Us

Original Penguin
2318 Downing Dr
Columbus, GA 31906
USA

Website: originalpenguinus.shop
Customer Service: service@originalpenguinus.shop

Original Penguin operates an online retail business offering tennis apparel, polos, and sportswear for women and men.

Our website may offer products through categories including:

Polos
Women's Tennis
Men's Tennis
Menswear
Tennis Apparel and related sportswear

2. Definitions

For these Terms:

“We,” “us,” “our,” or “Original Penguin” means the business operating this website.
“You” or “your” means the person accessing the website or purchasing products from us.
“Website” means originalpenguinus.shop and its related pages, content, and services.
“Products” means the physical goods offered for sale through our website.
“Order” means a purchase request submitted by you through our website.

3. Website Use and Accounts

You may browse our website without creating an account where account registration is not required.

If an account or customer information is used to place an order, you agree to provide accurate and current information.

You are responsible for keeping any account credentials confidential and for activity carried out through your account.

You must not:

Provide false or misleading identity information.
Use another person's account without authorization.
Attempt to gain unauthorized access to our website or systems.
Interfere with the normal operation or security of our website.

We reserve the right to suspend or restrict access when reasonably necessary to protect our customers, website, business, or systems.

4. Orders and Contract Formation

When you place an order, you are making an offer to purchase the selected products.

After receiving your order, we may send an order confirmation acknowledging that we received your request. An order is not necessarily accepted merely because an automated confirmation has been sent.

We may decline or cancel an order when reasonably necessary, including situations involving:

Product availability issues
Pricing or listing errors
Suspected fraud or unauthorized transactions
Incorrect shipping information
Orders that violate these Terms
Circumstances outside our reasonable control

If we cancel an order after payment has been received, we will arrange an appropriate refund to the original payment method.

5. Product Information and Availability

We make reasonable efforts to display product descriptions, images, sizes, colors, and other information accurately.

However, slight differences may occur due to:

Screen and device settings
Lighting or photography
Manufacturing variations
Product availability
Updates to product specifications

For apparel, please review the available size and product information before ordering. If an item does not fit as expected, our return policy provides a way to request an eligible return or exchange.

Product availability may change without notice.

6. Prices and Payment

All product prices displayed on our website are shown at the time of purchase.

Prices may change without prior notice, but changes will not normally affect an order that has already been accepted unless required by law or agreed with you.

We currently accept:

Visa
MasterCard

Payment must be successfully authorized before an order can be processed.

If a payment cannot be authorized or is subsequently rejected, we may suspend or cancel the affected order.

We use payment processing services designed to handle payment information securely. We do not intentionally store complete payment card security information on our own systems when payment is processed by a third-party payment provider.

7. Order Processing

Orders are normally processed within 4–7 business days.

Processing time refers to the time required to prepare your order before it is handed to the shipping carrier.

During periods of unusually high order volume, holidays, or other circumstances outside our reasonable control, processing may take longer.

8. Shipping and Delivery

We currently ship globally except Asia and remote areas.

Standard Shipping

DHL or FedEx

Estimated delivery: 7–14 business days
Shipping fee: $12.95

Free Shipping

EMS

Estimated delivery: 12–24 business days
Free shipping on orders of $50 or more

Delivery times are estimates rather than guaranteed delivery dates.

Actual delivery may be affected by customs processing, carrier delays, weather, destination restrictions, or other circumstances outside our reasonable control.

Please make sure your shipping address is accurate before completing your order.

9. Returns and Refunds

We want you to feel comfortable purchasing from Original Penguin.

Eligible products may be returned within 30 days of receiving your order.

Items should generally be:

Unworn
Unused
In original condition
Free from stains, washing, alterations, or other customer-caused damage
Returned with original tags and packaging where applicable

Return Processing

After we receive your returned item, we will process the return within 4–7 days.

Approved refunds will be issued to the original payment method.

Please allow 2–3 weeks for the refund to appear in your account. The exact timing depends on your card issuer and payment provider.

Return Shipping

Unless otherwise agreed by our customer service team, return shipping costs are the customer's responsibility.

For incorrect or visibly damaged products, please contact us before returning the item so that we can review the issue and provide appropriate instructions.

For complete details, please refer to our Return & Refund Policy.

10. Apparel Quality and Product Concerns

Our products are designed for everyday wear and active use, including tennis and sports activities.

For clothing and accessories, we do not provide a long-term warranty unless a specific product page or written agreement states otherwise.

If you notice an obvious manufacturing defect after delivery, please contact us within 48 hours of receiving your order whenever reasonably possible.

Please provide your order number and clear photographs showing the issue.

Normal wear and tear, improper washing or care, accidental damage, alterations, stains, or damage caused by misuse are not considered manufacturing defects.

We will review each reported issue fairly and determine the appropriate solution based on the circumstances and applicable law.

11. Intellectual Property

All content on our website, including but not limited to:

Brand names
Logos
Trademarks
Product designs
Website designs
Graphics
Photographs
Product descriptions
Text
Page layouts
Marketing materials

is owned by or licensed to Original Penguin or its relevant rights holders and is protected by applicable intellectual property laws.

You may use the website and its content only for personal, lawful shopping purposes.

You may not reproduce, copy, modify, distribute, publish, sell, license, create derivative works from, or commercially exploit our website content without prior written authorization.

Nothing in these Terms grants you ownership of our trademarks, designs, content, or other intellectual property.

12. User-Generated Content

If our website allows you to submit reviews, comments, photographs, feedback, or other content, you retain ownership of the rights you already have in that content.

However, by submitting content to us, you grant Original Penguin a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, display, publish, distribute, and adapt that content for lawful business, marketing, promotional, and website-related purposes.

You represent that:

You have the necessary rights to submit the content.
The content does not unlawfully infringe another person's rights.
The content is not fraudulent, unlawful, abusive, or misleading.
The content does not contain malicious code or harmful material.

We may remove content that violates these Terms or applicable law.

13. Prohibited Activities

To keep our website safe and useful for everyone, you agree not to:

Use the website for unlawful purposes.
Violate another person's intellectual property or privacy rights.
Upload or transmit viruses, malware, malicious code, or harmful material.
Attempt to interfere with or disrupt website operations.
Circumvent website security or access controls.
Use automated systems to scrape or copy website content without authorization.
Create false identities or provide fraudulent information.
Place fraudulent or unauthorized orders.
Abuse promotions, discounts, refunds, or return procedures.
Resell our products without our prior authorization.
Use our website to engage in fraudulent, deceptive, or abusive activity.
Attempt to gain unauthorized access to customer, payment, or business information.

We may take appropriate action if we reasonably believe these rules have been violated.

14. Disclaimer

We make reasonable efforts to keep our website accurate, available, and secure.

However, the website and its content may occasionally contain errors, interruptions, outdated information, or temporary unavailability.

Product images and descriptions are provided to help customers make informed purchasing decisions, but minor differences may occur.

Nothing in these Terms is intended to exclude or limit any consumer right, warranty, remedy, or protection that cannot lawfully be excluded or limited under applicable law.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Original Penguin will not be responsible for indirect, incidental, special, or consequential losses arising from your use of the website or purchase of products where such limitation is legally permitted.

We are not responsible for delays or failures caused by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, natural disasters, service interruptions, or other events beyond our reasonable control.

Nothing in these Terms limits liability where doing so would be prohibited by applicable law, including liability that cannot legally be excluded or limited.

Where a limitation of remedies is permitted by applicable law, any remedy provided under these Terms will remain subject to applicable legal requirements.

16. Events Beyond Our Reasonable Control

We will make reasonable efforts to fulfill our obligations, but some events may be outside our control.

These may include:

Natural disasters
Severe weather
Government restrictions
Customs delays
Carrier disruptions
Labor disruptions
Internet or technology failures
Security incidents
Other circumstances that could not reasonably be prevented or anticipated

When such an event occurs, we will make reasonable efforts to communicate with affected customers and resume normal service as soon as reasonably possible.

17. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our website, products, business practices, or applicable legal requirements.

When changes are made, we will update the “Last Updated” date at the beginning of this page.

Your continued use of the website after updated Terms are posted means that you acknowledge the updated Terms, to the extent permitted by applicable law.

If a material change requires additional notice or consent under applicable law, we will provide that notice or obtain that consent as required.

18. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where legally permitted.

If it cannot be made enforceable, the affected provision will be separated from these Terms without affecting the validity of the remaining provisions.

The remaining provisions will continue to apply.

19. Governing Law

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Because our business is located in Columbus, Georgia, Georgia law is used as the primary governing-law framework for these Terms.

However, if you are a consumer located in a jurisdiction that gives you mandatory consumer protections that cannot legally be waived, nothing in these Terms is intended to take away those protections.

Georgia's commercial law recognizes contractual provisions concerning remedies, but limitations remain subject to statutory requirements and cannot override protections that the law does not permit a contract to waive.

20. Disputes

We hope to resolve any concern quickly and directly.

If you have a question, complaint, order issue, or dispute, please contact us first at:

service@originalpenguinus.shop

Please include your order number and a clear description of the issue so our customer service team can review it.

Where a dispute cannot be resolved directly, it may be addressed through the courts or other dispute-resolution procedures available under applicable law.

Nothing in these Terms prevents a consumer from exercising rights or pursuing remedies that cannot legally be waived.

21. Contact Us

If you have questions about these Terms of Service, your order, our products, returns, or any other matter, please contact us.