Hello and welcome to Penguin Coffee (website: www.penguin.coffee)
This website is operated by Penguin Coffee. Throughout the site, the terms “we”, “us” and “our” refer to Penguin Coffee. Penguin Coffee offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Use of Site – Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Penguin Coffee website is for personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Penguin Coffee website.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use, or to place an order with Penguin Coffee, or to purchase Penguin Coffee products. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Penguin Coffee is strictly prohibited.
Copyrights and Trademarks
All material present on Penguin Coffee, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is subject to intellectual property rights such as copyright, trademark and other property rights. This material is property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.
Website Errors, Mistakes and Missing Information
Penguin Coffee cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issues, Penguin Coffee reserves the right to correct these errors without notification. Penguin Coffee also reserves the right to cancel any order that may have been made under any pricing error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.
Harassment in any manner or form on the website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Penguin Coffee employee, host, or representative or other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Please note that except for any personally identifiable information, all customer feedback given to Penguin Coffee shall be considered the property of Penguin Coffee. This includes all customer communication, testimonials and contact information. By releasing this information to Penguin Coffee, you are hereby giving Penguin Coffee the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Penguin Coffee.
To provide increased value to our visitors, the Penguin Coffee website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Penguin Coffee, Penguin Coffee has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Penguin Coffee. Penguin Coffee has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk.
Penguin Coffee shall not be held liable for any damages resulting from the misuse of any Penguin Coffee products. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the products strictly for the purpose they were designed for, and to ensure that the products are used in a safe and reasonable manner. Also, Penguin Coffee shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
When purchasing a product from Penguin Coffee, you are agreeing to pay any and all charges associated with the purchased product. This includes all related taxes (based on shipping destination) and possible shipping costs. When purchasing a product from Penguin Coffee, you must also be of legal age, as dictated by your local laws.
Also, please note that Penguin Coffee is not responsible for any and all losses, whether direct or indirect, exceeding the price of the products purchased.
Penguin Coffee makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any External Sites.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PENGUIN COFFEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.PENGUIN COFFEE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PENGUIN COFFEE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL PENGUIN COFFEE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PENGUIN COFFEE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The user agrees to indemnify, defend, and hold harmless Penguin Coffee, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms of service or any activity related to the user’s internet account (including negligent or wrongful conduct), by the user or any other person accessing the website using the user’s internet account.
User Right to Termination
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.