Terms of service
Terms of Service
Last updated: 12/09/2016
Welcome to MiloPenguin. These Terms of Service govern your use of our website and your purchase of products from MiloPenguin.
By accessing our website or placing an order, you agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use our website.
1. General Terms
MiloPenguin is an independent brand offering original clothing and related products featuring our Milo Penguin character and designs.
Our products are available for purchase through our online store. We reserve the right to refuse service, cancel orders, or limit quantities where reasonably necessary.
You must be at least the age of majority in your country of residence, or have permission from a parent or legal guardian, to make purchases through our website.
2. Products and Product Information
We make every effort to display our products, colours, designs and product information as accurately as possible.
However, colours may appear slightly different depending on your device, screen settings or lighting conditions.
Our products are made to order. This means that your item is produced after your order has been placed.
We reserve the right to modify, discontinue or update products without prior notice.
3. Orders and Acceptance
When you place an order, you are making an offer to purchase the products selected.
After placing an order, you will receive an order confirmation by email. This confirmation does not necessarily mean that your order has been accepted.
Your order is accepted when we confirm that the order has been processed for fulfilment.
We reserve the right to cancel or refuse an order where there is a genuine reason, including suspected fraud, pricing errors, product availability issues or other circumstances beyond our reasonable control.
If we cancel an order after payment has been made, you will receive a full refund for the cancelled order.
4. Prices and Payment
All prices displayed on our website are shown in the currency indicated at checkout.
We reserve the right to change our prices at any time. Price changes will not affect orders that have already been confirmed.
Payment must be received before an order can be processed.
Applicable taxes, duties or other charges may apply depending on the destination country and the applicable laws.
5. Shipping and Delivery
Orders are generally processed within 2–5 business days before being shipped.
Estimated delivery times after processing are:
- United Kingdom: 5–6 business days
- Europe: 5–8 business days
- United States: 7–9 business days
- Australia: 5–8 business days
- Canada: 10–12 business days
These are estimated delivery times and are not guaranteed.
Delivery may occasionally take longer due to circumstances outside our control, including postal delays, customs processing, weather, strikes or other disruptions.
Please make sure your delivery address is correct when placing your order. We cannot be responsible for delays or additional costs caused by an incorrect or incomplete address provided by the customer.
For more information, please see our Shipping Policy.
6. Returns, Refunds and Cancellations
Our returns and refunds are explained in our Returns & Refunds Policy.
Nothing in these Terms of Service limits or excludes any consumer rights that cannot legally be excluded under applicable law.
For eligible EU orders, statutory cancellation rights apply in accordance with applicable consumer protection legislation.
7. Intellectual Property
All content on the MiloPenguin website, including but not limited to:
- Milo Penguin artwork and character designs
- Illustrations
- Logos
- Graphics
- Product images
- Text
- Website content
- Branding
is owned by or licensed to MiloPenguin and is protected by applicable intellectual property laws.
You may not copy, reproduce, modify, distribute, sell, or commercially use any MiloPenguin artwork, designs, branding or other website content without our prior written permission.
Milo Penguin is our original character and MiloPenguin designs are created for our brand.
8. User Content
If you submit reviews, comments, photographs or other content to our website, you confirm that you have the right to submit that content.
By submitting content, you grant MiloPenguin permission to use, reproduce and display that content for the purpose of operating and promoting our business, subject to applicable law.
We reserve the right to remove content that is unlawful, offensive, misleading, abusive or otherwise inappropriate.
9. Third-Party Services
We use third-party providers to help operate our business, including payment providers, ecommerce services and fulfilment providers.
For example, orders may be produced and fulfilled through Printful.
Third-party services may have their own terms and privacy policies, and your use of those services may be subject to their respective terms.
We are not responsible for third-party services beyond our reasonable control.
10. Errors and Changes
Occasionally, information on our website may contain errors or omissions relating to product descriptions, prices, promotions, availability or other information.
We reserve the right to correct errors and update information when necessary.
We may also modify or update our website, products and these Terms of Service from time to time.
The version of these Terms of Service published on our website at the time of your purchase will apply to that order, subject to applicable law.
11. Prohibited Uses
You must not use our website or its content for unlawful purposes.
You must not:
- Violate any applicable laws or regulations
- Attempt to interfere with or damage our website
- Use our website to commit fraud
- Copy or misuse our intellectual property
- Upload malicious code or harmful material
- Attempt to gain unauthorised access to our systems
We reserve the right to restrict or terminate access where necessary.
12. Limitation of Liability
To the fullest extent permitted by applicable law, MiloPenguin will not be responsible for indirect or consequential losses arising from the use of our website or products.
Nothing in these Terms of Service excludes or limits liability where doing so would be unlawful, including liability for matters that cannot legally be excluded under UK consumer law.
Nothing in these terms affects your statutory consumer rights.
13. Indemnification
You agree to use our website lawfully and responsibly and to compensate MiloPenguin for losses reasonably arising from your unlawful misuse of our website or violation of these Terms of Service, to the extent permitted by applicable law.
14. Governing Law
These Terms of Service are governed by the laws of England and Wales.
If you are a consumer, nothing in these terms affects any mandatory consumer protection rights that apply in your country of residence.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at:
MiloPenguin
Email: support@milopenguin.com