Terms of service
Website: penguinemarketing.com
Business Name: Santa Biswas
Email: Penguinemarketing.official@gmail.com
Phone: 7003877092
Business Category: Fashion
GST No.: 19AQYPB9358E1Z7
Business Address: Murali, Para-Baishali, Post Office – Bamangachi, PS – Duttapukur, GP – Chhotojagulia, Barasat, Gram Sansad No. 18, District – North 24 Parganas, West Bengal – 743248, India.
Welcome to penguinemarketing.com. These Terms of Service govern your access to and use of our website, products, services, content, features, and related facilities. By accessing, browsing, registering on, or purchasing from our website, you acknowledge that you have read, understood, and agreed to these Terms of Service.
If you do not agree with any part of these terms, please do not use our website or place an order through it.
1. About Our Website
penguinemarketing.com is an online fashion store operated by Santa Biswas. We provide customers with access to fashion products and related product information through our online platform.
We aim to ensure that product descriptions, photographs, prices, availability, sizes, colors, and other information displayed on the website are accurate and updated. However, minor differences may occur because of product batches, lighting, screen settings, manufacturing variations, or changes made by suppliers.
We reserve the right to update, modify, suspend, or discontinue any product, service, website feature, or portion of the website at any time without prior notice.
2. Eligibility to Use the Website
By using this website, you confirm that you are legally capable of entering into a binding agreement under applicable Indian law.
If you are using the website on behalf of another person, family member, organization, or business, you confirm that you have the authority to accept these Terms of Service on their behalf.
Parents or legal guardians should supervise minors when they access or use online shopping services.
3. Product Information
We make reasonable efforts to provide accurate information about our fashion products, including product names, descriptions, sizes, colors, materials, photographs, prices, and availability.
However, product images may appear slightly different depending on your device, monitor, lighting conditions, photography, and screen settings. Color variations between the actual product and the displayed image do not necessarily constitute a product defect.
We also reserve the right to correct typographical errors, inaccurate information, pricing mistakes, stock information, or other errors appearing on the website.
4. Product Availability
All products displayed on penguinemarketing.com are subject to availability.
Adding a product to your shopping cart does not guarantee that the product will remain available until checkout or delivery. If an item becomes unavailable after an order is placed, we may contact you regarding an alternative product, revised fulfillment arrangement, or cancellation and refund where applicable.
We reserve the right to limit quantities purchased by an individual customer, household, or order where necessary.
5. Prices and Taxes
Product prices displayed on the website are subject to change without prior notice.
Applicable taxes, including GST where applicable, may be included in or added to the displayed price depending on the pricing structure and applicable law.
Although we make reasonable efforts to ensure that prices are accurate, an incorrect price may occasionally appear because of technical, typographical, system, or human errors. In such circumstances, we reserve the right to correct the price and, where necessary, contact the customer before processing the order.
6. Orders and Order Acceptance
When you place an order through penguinemarketing.com, you are making a request to purchase the selected products.
After receiving your order, we may send an order confirmation through email, SMS, telephone, WhatsApp, or another available communication method. An order confirmation does not necessarily mean that the order has been finally accepted for fulfillment.
We reserve the right to accept, reject, cancel, or limit an order for reasons including product availability, pricing errors, incorrect customer information, suspected fraudulent activity, delivery limitations, payment issues, or other legitimate business reasons.
If an order is cancelled after payment has been received, the eligible amount will be refunded through an appropriate payment method, subject to applicable policies and payment-provider procedures.
7. Customer Information
Customers are responsible for providing accurate, complete, and current information while placing an order.
This may include:
- Full name
- Correct shipping address
- Mobile number
- Email address
- Billing information
- Product size or variant
- Payment-related information where required
Customers should carefully review their information before completing an order.
We are not responsible for delays, failed deliveries, returns, or additional costs resulting from incorrect or incomplete information supplied by the customer.
8. Payment Terms
We may provide one or more payment options depending on availability, including online payment and Cash on Delivery where offered.
Customers must use a valid payment method and provide accurate information required to complete the transaction.
Payments may be processed through third-party payment gateways or financial institutions. We do not knowingly store sensitive payment credentials such as complete card numbers, CVV numbers, or banking passwords on our website unless specifically permitted and secured under applicable standards.
If a payment fails, is reversed, disputed, or otherwise cannot be verified, we may place the order on hold or cancel it.
9. Cash on Delivery
Where Cash on Delivery is available, customers agree to pay the applicable order amount to the authorized delivery representative at the time of delivery.
COD availability may depend on the customer's location, order value, product category, delivery partner, or other operational conditions.
Customers are expected to accept genuine orders placed using their contact information. Repeated refusal of legitimate COD orders or misuse of COD services may result in restrictions on future COD availability.
10. Shipping and Delivery
We aim to dispatch and deliver orders within the estimated time communicated to customers. Delivery timelines are estimates and may vary depending on destination, courier availability, weather, public holidays, transportation disruptions, remote-area delivery requirements, or circumstances beyond our reasonable control.
Once an order has been handed over to the delivery partner, delays caused by the courier may occur. We will make reasonable efforts to assist customers with tracking and delivery-related concerns.
Customers should provide an accessible delivery address and active contact number to facilitate successful delivery.
11. Returns, Exchanges, and Refunds
Returns, exchanges, replacements, and refunds are subject to our applicable Return and Refund Policy.
Customers should review the relevant policy before purchasing.
Depending on the product and circumstances, eligibility may require the product to remain unused, unworn, unwashed, undamaged, and accompanied by original packaging, tags, accessories, or other required materials.
Certain products may not be eligible for return or exchange due to hygiene, customization, clearance, damage, or other applicable restrictions.
Where a return or replacement is approved, customers may be required to provide photographs, videos, order information, or other evidence necessary to verify the request.
Refund processing times may depend on the original payment method and the relevant payment provider or banking institution.
12. Cancellation of Orders
Customers may request cancellation of an order before it is dispatched, subject to the applicable cancellation process.
Once an order has been dispatched or handed over to the delivery partner, cancellation may not always be possible. In such cases, the customer may need to follow the applicable return or refusal procedure.
We may cancel an order when a product is unavailable, payment cannot be verified, customer information is incorrect, fraudulent activity is suspected, delivery cannot reasonably be completed, or another legitimate reason requires cancellation.
13. Website Content and Intellectual Property
All website content, including text, logos, graphics, photographs, product descriptions, icons, designs, layouts, trademarks, branding elements, videos, and other materials, may be owned by or licensed to penguinemarketing.com or its respective content providers.
You may use the website only for personal and lawful shopping purposes.
You must not copy, reproduce, modify, distribute, publish, sell, repurpose, scrape, reverse engineer, or commercially exploit website content without prior written permission, except where permitted under applicable law.
Unauthorized use of website materials may result in legal action where appropriate.
14. Prohibited Activities
While using penguinemarketing.com, you agree not to:
- Use the website for unlawful purposes.
- Provide false or misleading information.
- Attempt to access another customer's account or information.
- Interfere with website security or operation.
- Introduce viruses, malware, harmful code, or disruptive technology.
- Use automated systems to scrape or collect website information without authorization.
- Attempt fraudulent purchases or payment activities.
- Abuse promotional offers, discount codes, or referral programs.
- Resell website content without authorization.
- Impersonate another individual or organization.
- Use the website in a manner that violates applicable laws or regulations.
We reserve the right to restrict or terminate access where misuse is identified.
15. Third-Party Services and Links
Our website may use third-party services such as payment gateways, logistics providers, analytics providers, communication platforms, advertising services, or other technology providers.
Third-party services may have their own terms, privacy policies, and operating procedures. We are not responsible for the independent practices or policies of third-party websites or services.
Where external links are provided, they are offered for convenience and do not necessarily imply endorsement.
16. Privacy and Personal Information
Your use of penguinemarketing.com may involve the collection and processing of information necessary to operate our business, process orders, communicate with customers, provide delivery services, prevent fraud, and improve the website.
We encourage customers to review our Privacy Policy to understand how personal information may be collected, used, stored, and protected.
We take reasonable measures to protect customer information but no online system can be guaranteed to be completely secure.
17. Disclaimer
We make reasonable efforts to keep our website operational and information accurate. However, the website and its content are provided subject to availability.
We do not guarantee that the website will always be uninterrupted, error-free, completely secure, or free from technical problems.
To the extent permitted by applicable law, we are not responsible for losses resulting directly from circumstances outside our reasonable control, including internet failures, technical problems, courier disruptions, natural events, government restrictions, or third-party service failures.
18. Limitation of Liability
To the maximum extent permitted by applicable law, penguinemarketing.com and its operator shall not be liable for indirect, incidental, consequential, or special losses arising from the use of the website or inability to use the website.
Nothing in these Terms is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable Indian law.
19. Force Majeure
We shall not be considered responsible for failure or delay in fulfilling our obligations where such failure or delay results from circumstances beyond reasonable control.
Such circumstances may include natural disasters, floods, fires, epidemics, pandemics, strikes, transportation interruptions, government restrictions, civil disturbances, technical infrastructure failures, internet outages, or other unforeseen events.
20. Changes to These Terms
We may update or revise these Terms of Service from time to time to reflect changes in our business, website, products, services, legal requirements, or operational procedures.
The updated version will be published on this website with an updated effective date where appropriate.
Your continued use of the website after changes are published constitutes acceptance of the revised terms, subject to applicable law.
21. Governing Law and Jurisdiction
These Terms of Service shall be governed by and interpreted in accordance with the applicable laws of India.
Any dispute arising from or relating to the website, products, services, transactions, or these Terms shall be subject to the jurisdiction of the competent courts and authorities having jurisdiction over the applicable business location, subject to applicable law.
22. Severability
If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable by a competent authority, that provision shall be interpreted or modified to the extent necessary to make it enforceable, where legally possible.
The remaining provisions shall continue to remain effective.
23. Waiver
Failure by us to enforce any provision of these Terms of Service at any particular time shall not constitute a permanent waiver of our right to enforce that provision in the future.
24. Entire Agreement
These Terms of Service, together with applicable policies published on penguinemarketing.com, constitute the general agreement governing your use of the website and purchase of products from us, subject to any additional terms that may apply to particular services or transactions.
25. Contact Information
If you have questions regarding these Terms of Service, orders, products, payments, returns, or other website-related matters, you may contact us using the information below:
Business Name: Santa Biswas
Website: penguinemarketing.com
Email: Penguinemarketing.official@gmail.com
Phone: 7003877092
Business Category: Fashion
GST No.: 19AQYPB9358E1Z7
Address: Murali, Para-Baishali, Post Office – Bamangachi, PS – Duttapukur, GP – Chhotojagulia, Barasat, Gram Sansad No. 18, District – North 24 Parganas, West Bengal – 743248, India.
By accessing or using penguinemarketing.com, you acknowledge that you have read these Terms of Service and agree to comply with them. If you do not agree with these terms, please discontinue use of the website.