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Terms & Conditions

Introduction

Welcome to The Arcane Penguin Online Shop! These Terms and Conditions govern your use of our website and services. By accessing or using our website, you agree to comply with and be bound by these terms. If you do not agree with these terms, we kindly ask that you refrain from using our website.

At The Arcane Penguin, our passion lies not only in providing high-quality streetwear fashion but also in ensuring your shopping experience is secure, transparent, and enjoyable. Before proceeding with any transactions on our website, we urge you to take a moment to carefully read and understand these Terms and Conditions.

As we embark on this digital journey together, it’s vital to highlight the foundational principles guiding our e-commerce philosophy:

  • 1. Transparency and Clarity: Our commitment to offering you a seamless experience includes providing clear and easily accessible information regarding our products, pricing, policies, and your rights as a consumer.
  • 2. Privacy and Security: Safeguarding your personal information is our utmost priority. For detailed insights into how we collect, use, and protect your data, please consult our Privacy Policy.
  • 3. Quality Assurance: We take immense pride in the quality of our streetwear products, pledging to consistently deliver items that not only meet but exceed your expectations, with an unwavering emphasis on authenticity and durability.
  • 4. Customer-Centric Approach: Your satisfaction stands as our topmost priority. Our dedicated customer support team is here to assist you with any questions, concerns, or issues you may encounter throughout your shopping journey.
  • 5. Legal Compliance: Our commitment to your protection extends to adherence to all relevant e-commerce laws and regulations, ensuring that your rights remain safeguarded throughout your experience with us.

By accessing or using our website and services, you expressly agree to comply with and be bound by these terms. Should you have any inquiries or reservations about our policies, we invite you to reach out to our customer support team. Your satisfaction and trust remain paramount to us.

Thank you for selecting The Arcane Penguin for your fashion needs. We eagerly anticipate the opportunity to serve you and provide you with the latest trends and urban fashion that authentically mirror your distinctive style.

  • Registration and Account

1.1 Account Creation and Eligibility

1.1.2. To access and utilize certain features of The Arcane Penguin’s store  platform (hereinafter referred to as “the Platform”), users are required to register for an account. By registering, you confirm that you are at least 18 years old and have the legal capacity to enter into agreements. If you are under the age of 18, you may use the Platform only with the consent and supervision of a parent or legal guardian.

1.1.3. When creating an account, you agree to provide accurate, current, and complete information. It is your responsibility to keep your account information up-to-date. Failure to maintain accurate and current information may result in the suspension or termination of your account.

1.2. Account Security

1.2.1. You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree not to share your login information with any third parties. Any activity conducted through your account will be attributed to you.

1.2.2. In the event of unauthorised access or use of your account or any other breach of security, you must notify us immediately by contacting our customer support team. We will not be liable for any loss or damage arising from unauthorised access to your account.

1.3. Account Termination

1.3.1. The Arcane Penguin Streetwear reserves the right to suspend, disable, or terminate your account at our discretion, with or without cause, including but not limited to:

  1. Violation of these Terms and Conditions.
  2. Suspected fraudulent or illegal activity.
  3. Requests by law enforcement or other government agencies.
  4. Discontinuation or modification of the Platform.

1.3.2. You may request to terminate your account at any time by contacting our customer support. Termination will not affect any rights or obligations that have accrued before the termination date.

1.4. User Content and Account Usage

1.4.1. By creating an account, you agree to comply with these Terms and Conditions, including any community guidelines or content policies provided by The Arcane Penguin Streetwear. You are responsible for all activity that occurs under your account, including any content you submit, post, or upload.

1.4.2. User-generated content, including reviews, comments, and other submissions, must comply with our content policies. We reserve the right to moderate and remove content that violates these policies.

1.5. Account Information Updates

1.5.1. It is your responsibility to keep your account information, including contact details and payment information, accurate and current. We are not responsible for any issues or losses resulting from outdated or inaccurate account information.

1.5.2. You can update your account information through the account settings on the Platform.

1.6. Account Deactivation

1.6.1. Inactive accounts may be subject to deactivation after a specified period of inactivity. The Arcane Penguin reserves the right to deactivate accounts that have not been used for an extended period.

1.7. Account Recovery

1.7.1. If you forget your password or encounter difficulties accessing your account, you can request a password reset or account recovery through the Platform’s designated process. We may require you to provide certain information to verify your identity before granting access.

By registering for an account on the Platform, you acknowledge that you have read, understood, and agreed to these “Registration and Account” terms and conditions. Your use of the Platform is subject to compliance with these terms and all other applicable terms and policies.

  1. Content Policies

2.1. User-Generated Content

2.1.1. The Arcane Penguin encourages users to contribute and engage with our community by submitting user-generated content, including but not limited to product reviews, comments, and images (“User Content”).

2.1.2. By submitting User Content, you agree to the following content policies:

2.2. Compliance with Applicable Laws

2.2.1. User Content must comply with all applicable laws and regulations, including but not limited to laws related to copyright, trademark, defamation, privacy, and obscenity. Any User Content that violates these laws will be subject to removal, and the responsible user may face account suspension or legal action.

2.3. Respect for Others

2.3.1. User Content must be respectful and considerate of others. Content that promotes hate speech, discrimination, harassment, violence, or threats will not be tolerated and will be promptly removed.

2.4. Accurate and Honest Reviews

2.4.1. When submitting reviews or feedback, be honest and provide accurate information based on your own experiences. Do not submit false, misleading, or fraudulent reviews.

2.5. Intellectual Property

2.5.1. Do not submit User Content that infringes on the intellectual property rights of others. This includes, but is not limited to, using copyrighted images without permission or using trademarks in a way that may cause confusion.

2.6. Privacy

2.6.1. Respect the privacy of others. Do not share personal information about yourself or others in User Content, such as phone numbers, addresses, or financial information. Do not post private or confidential information.

2.7. Offensive or Inappropriate Content

2.7.1. User Content should not contain content that is obscene, explicit, sexually explicit, or otherwise inappropriate for a general audience. This includes but is not limited to offensive language, nudity, or explicit images.

2.8. Moderation and Removal

2.8.1. The Arcane Penguin Streetwear reserves the right to moderate and remove User Content that violates these content policies. We may also take further action, including suspending or terminating user accounts, in cases of repeated violations.

2.9. Reporting Violations

2.9.1. Users are encouraged to report any User Content that they believe violates these content policies. Reports can be submitted through the designated reporting mechanisms provided on the Platform.

2.10. User Content Ownership

2.10.1. While you retain ownership of the User Content you submit, by uploading or submitting User Content to The Arcane Penguin Streetwear, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, distribute, and display that User Content on or in connection with the Platform.

2.11. Disclaimer

2.11.1. The Arcane Penguin Streetwear is not responsible for the accuracy, completeness, or legality of User Content posted by users. User Content reflects the views and opinions of the respective users and not those of The Arcane Penguin Streetwear.

By registering for an account and submitting User Content on the Platform, you acknowledge that you have read, understood, and agreed to comply with these “Content Policies” as part of the “Registration and Account” terms and conditions. Failure to adhere to these policies may result in the removal of your User Content and potential account suspension or termination.

  1. Product Descriptions and Availability

3.1. Product Descriptions: We make every effort to provide accurate and detailed product descriptions on our website. However, we do not warrant that product descriptions or other content on our site are error-free, complete, reliable, or current. If you find a product offered by The Arcane Penguin Streetwear is not as described, your sole remedy is to return it in an unused condition in accordance with our Return Policy (Section 4).

3.2. Availability: All products displayed on our website are subject to availability. We strive to keep our inventory up-to-date, but there may be instances when a product is out of stock or unavailable for immediate delivery. In such cases, we will make reasonable efforts to notify you and offer alternatives, a refund, or the option to place the item on backorder.

3.3. Pricing Errors: While we make every effort to ensure accurate pricing, there may be instances where a product’s listed price is incorrect due to typographical errors or technical glitches. In such cases, we reserve the right to cancel orders for products with incorrect prices, and you will have the option to re-order the product at the correct price or receive a refund for the amount paid.

3.4. Product Modifications: We reserve the right to modify, discontinue, or change the specifications of any product, including design, materials, or features, without prior notice. Such changes will not affect orders already placed, but future orders may be subject to these modifications.

3.5. Limited Edition and Exclusive Items: Some of our products may be offered as limited editions or exclusives. Availability of these items may be restricted, and we may impose limits on the quantity that can be purchased by an individual customer.

3.6. Pre-orders: For certain products, we may offer pre-orders. Pre-ordering allows customers to reserve items in advance of their official release date. Pre-order terms, conditions, and delivery dates will be clearly communicated on the product page and during the checkout process.

3.7. Colours and Display: The colours of products displayed on our website may vary depending on your monitor or device settings. We do our best to accurately represent product colours, but we cannot guarantee that the colours you see on your screen will precisely match the actual product colours.

3.8. Product Care: Please carefully read and follow any care instructions provided with the products to ensure their longevity and quality. Failure to do so may void any warranties or guarantees

Read more.

3.9. Resale Restrictions: Some products may be subject to resale restrictions or limited to personal use only. Please review the product descriptions and any additional terms provided for such products.

3.10. Customization: If we offer customization options for certain products, it is your responsibility to provide accurate information and specifications. We are not responsible for errors in customization due to inaccurate information provided by you.

3.11. Third-party Products: Our website may include products that are not manufactured or directly supplied by The Arcane Penguin Streetwear. In such cases, we do not guarantee the availability, quality, or accuracy of product descriptions, and your purchase is subject to the terms and conditions of the third-party supplier.

3..12. Feedback and Reviews:

 We welcome feedback and reviews from our customers regarding product quality and descriptions. However, we reserve the right to moderate and remove user-generated content that violates our Content Guidelines (refer to Section 2  for more information).

  1. Warranty and Returns

4.1. Product Warranty

We take great pride in the quality and craftsmanship of our products at The Arcane Penguin’s Streetwear. We strive to provide you with products that meet or exceed your expectations. However, we understand that issues may occasionally arise. Therefore, we offer the following warranty policy:

4.1.1. Limited Warranty

We warrant that our products will be free from defects in materials and workmanship for a period of 3 years from the date of purchase. This warranty is applicable only to the original purchaser and is non-transferable. The Arcane Penguin  (“we,” “our,” or “us”) provides this limited warranty for the products purchased through our online  store.

Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received.  

If you believe that a product you purchased is defective within the warranty period, please contact our Customer Service team at  customers@thearcanepenguin.com. We may request proof of purchase and additional details about the issue.

4.1.2  Warranty Coverage

We warrant that our products will be free from defects in material and workmanship under normal use for a period of [insert warranty duration] from the date of purchase. This warranty is applicable only to the original purchaser and is non-transferable.

4.1.3 What Is Covered

This warranty covers manufacturing defects in materials and workmanship. It includes defects such as:

  • Faulty stitching
  • Fabric defects
  • Issues with zippers, buttons, or other fasteners
  • Print or graphic defects

4.1.4. What Is Not Covered

This warranty does not cover damage caused by:

  • Normal wear and tear
  • Accidents, misuse, or abuse
  • Modification or alteration of the product
  • Failure to follow care instructions
  • Third-party modifications or repairs

4.1.5. How to Make a Warranty Claim

To make a warranty claim, the original purchaser must:

  • Contact our customer support within the warranty period.
  • Provide proof of purchase.
  • Describe the defect and, if possible, provide photographs.

Upon review, we will determine whether the product qualifies for warranty coverage.

4.1.6. Remedies

If a defect is covered under this warranty, we will, at our discretion, repair or replace the defective product. If the product is no longer available, we may offer a suitable replacement or issue a store credit. If a valid warranty claim is confirmed, we will, at our discretion, provide one of the following remedies:

  1. Repair: We will repair the defective product, free of charge.
  1. Replacement: We will replace the defective product with a new or refurbished equivalent, subject to product availability.
  1. Refund: If neither repair nor replacement is feasible, we will issue a refund for the purchase price of the defective product.

4.1.7. Limitation of Liability

To the extent permitted by law, our liability under this warranty is limited to the purchase price of the product. We are not liable for any indirect, consequential, or incidental damages arising out of the use of our products.

4.1.8. Changes to the Warranty

We reserve the right to modify or terminate this warranty at any time. Any changes will be effective for all warranty claims made after the date of the modification.

  1. Returns and Refunds

At “The Arcane Penguin,” we want you to be completely satisfied with your streetwear purchases. Our Returns and Refunds policy is designed to ensure a fair and transparent process. Please read the following information carefully.

5.1 Return Eligibility

To be eligible for a return, your item must be unused, unworn, and in the same condition that you received it. It must also be in the original packaging, including all tags and labels.

5.2 Initiation of Returns

If you wish to return an item, please follow these steps:

  • Contact our customer support within [insert number of days, e.g., 14 days] of receiving your order to initiate the return process.
  • Provide your order number and a detailed reason for the return.
  • Our customer support team will guide you on the next steps, including shipping instructions.

5.3 Return Shipping Costs

Customers are responsible for the cost of return shipping unless the return is due to an error on our part, such as a defective or incorrect item. We recommend using a trackable shipping service and purchasing shipping insurance for returns.

5.4 Inspection and Approval

Upon receiving the returned item, our team will inspect it to ensure it meets the return eligibility criteria. If approved, we will process the refund or exchange. If the item does not meet the criteria, we will contact you to discuss available options.

5.5 Refund Process

Refunds will be processed using the original payment method. Please note that the time it takes for the refund to appear in your account may vary depending on your bank or credit card issuer.

5.6 Non-Returnable Items

Certain items are non-returnable, including:

  • Items marked as final sale
  • Gift cards
  • Downloadable software or digital products

5.7 Exchanges

If you wish to exchange an item for a different size, color, or style, please contact our customer support. Exchanges are subject to availability, and the customer may be responsible for any price differences.

5.8 Damaged or Defective Items

If you receive a damaged or defective item, please contact our customer support immediately. We will provide instructions on how to return the item or, in some cases, offer a replacement without the need for return.

5.9 Store Credits

In certain cases, we may offer store credits instead of a refund. Store credits can be used for future purchases on our website and do not expire

5.10. Return Shipping

Customers are responsible for return shipping costs, unless the return is due to a defective product or an error on our part. In such cases, we will provide a prepaid return label.

5.11 International Orders*

For international orders, warranty and return policies may vary due to shipping restrictions, customs, and import/export regulations. Please contact our Customer Service team for specific information regarding warranty and return options for international orders.

5.12 Changes to the Returns and Refunds Policy

“The Arcane Penguin” reserves the right to modify or update our Returns and Refunds policy at any time. Any changes will be effective immediately and will apply to all orders, including those placed before the modification.

For further assistance or inquiries regarding returns and refunds, please contact our customer support.

  1. Shipping and Delivery

6.1. Shipping Methods and Costs

We offer various shipping methods for the convenience of our customers. The available shipping methods and their associated costs are displayed at the checkout page when you place an order. Shipping costs may vary depending on factors such as the destination, the weight of the package, and the chosen shipping method.

6.2. Estimated Delivery Times

Estimated delivery times are provided for informational purposes only and may vary depending on factors beyond our control, including but not limited to shipping carrier delays, customs processing, and local postal services. We strive to provide accurate estimates, but we cannot guarantee delivery within the estimated timeframe.

6.3. International Shipping

For international orders, please be aware that customs fees, import duties, taxes, and other charges may apply. These fees are the responsibility of the recipient and are not included in the product or shipping costs. We recommend checking with your local customs office for information on any potential charges.

6.4. Order Tracking

Once your order has been shipped, we will provide you with a tracking number whenever possible. You can use this tracking number to monitor the progress of your shipment through the carrier’s website. Please note that tracking information may not be available for all shipping methods or destinations.

6.5. Delivery Address Accuracy

It is essential that you provide accurate and complete shipping information, including your delivery address and contact details. We are not responsible for shipping delays or delivery issues resulting from incorrect or incomplete address information provided by the customer. Please double-check your shipping details before finalising your order.

6.6. Failed Delivery Attempts

In the event that a delivery attempt is unsuccessful due to reasons such as an incorrect address, unavailability of the recipient, or refusal of the package, the shipping carrier may return the package to us. Additional shipping charges may apply for re-shipment. We will make reasonable efforts to contact you in such cases to resolve the issue.

6.7. Lost or Stolen Packages

If you believe your package has been lost or stolen after it has been marked as delivered by the carrier, please contact us promptly. We will work with the carrier to investigate the issue and take appropriate steps to resolve it. However, we are not responsible for lost or stolen packages once they have been delivered and confirmed by the carrier.

6.8. Shipping Delays

While we make every effort to ensure timely delivery of your orders, we cannot be held responsible for shipping delays caused by factors beyond our control, including but not limited to natural disasters, weather conditions, strikes, or other unforeseen events. We appreciate your understanding and patience in such situations.

6.9. Security and Privacy

6.9.1 Security Measures:

  • Data Security: We take the security of your personal and payment information seriously. Our website employs industry-standard encryption technology (SSL) to protect data transmission between your browser and our servers. While we implement stringent security measures, it’s essential to understand that no data transmission over the internet is entirely secure, and we cannot guarantee absolute security.
  • Account Security: You are responsible for maintaining the confidentiality of your account login information. Do not share your login credentials with others. If you suspect any unauthorised access to your account, please notify us immediately.

6.9.2 Privacy Policy:

  • Collection and Use of Information: Your use of our website is also governed by our Privacy Policy. This policy outlines how we collect, use, and safeguard your personal information. By using our website, you consent to the practices described in the Privacy Policy.
  • Cookies and Tracking Technologies: We may use cookies and similar tracking technologies to enhance your browsing experience, customise content, and collect data for analytics and marketing purposes. By using our website, you agree to our use of cookies as described in our Cookie Policy.
  • Third-party Services: Some parts of our website may integrate with third-party services, such as social media platforms. These services may collect information about your interactions with them, subject to their respective privacy policies. We are not responsible for the data practices of these third-party services.

6.9.3 User-generated Content:

  • Content Moderation: We may provide areas on our website where users can post reviews, comments, or other content. While we encourage open discussions, we reserve the right to moderate and remove content that violates our content guidelines or is deemed inappropriate.
  • Ownership of User-generated Content: By submitting content to our website, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You represent and warrant that you have the necessary rights to grant this licence.

6.9.4 Children’s Privacy:

  • Our website is not intended for children under the age of 13. We do not knowingly collect personal information from children. If you are a parent or guardian and believe that we have collected personal information from your child, please contact us, and we will take appropriate measures to delete such information.

6.9.5 Data Retention:

We will retain your personal information for as long as necessary to fulfil the purposes for which it was collected, including legal, accounting, or reporting requirements. If you request the deletion of your account, we will delete your information in accordance with our data retention policies.

6.9.6 Contact Information:

If you have any questions or concerns regarding the security and privacy practices outlined in these Terms and Conditions or our associated policies, please contact our Privacy Officer at  customers@thearcanepenguin.com

Data Security

7.1. Data Security

We are committed to maintaining the security and confidentiality of your personal information. We employ industry-standard security measures to protect your data from unauthorised access, disclosure, alteration, or destruction. However, please be aware that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

7.1.2. User Account Security

You are responsible for maintaining the security of your user account credentials. Please keep your username and password confidential and do not share them with anyone. If you suspect unauthorised access to your account, please notify us immediately.

7.1.3. Collection and Use of Personal Information

We collect and use personal information in accordance with our Privacy Policy, which outlines the types of information we collect, how we use it, and the purposes for which it is used. By using our website, you consent to the collection and use of your personal information as described in our Privacy Policy.

7.1.4. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your browsing experience and collect information about your interactions with our website. For detailed information on how we use cookies and your choices, please refer to our Cookie Policy, which is an integral part of our Privacy Policy.

7.1.5. Third-Party Services

Our website may include links to third-party websites or services. These third parties may collect information about you when you interact with their services. We are not responsible for the privacy practices of these third parties, and we recommend reviewing their privacy policies.

7.1.6. Data Retention

We retain your personal information for as long as necessary to fulfil the purposes outlined in our Privacy Policy, unless a longer retention period is required by law. You have the right to request the deletion of your personal information in accordance with our Privacy Policy.

7.1.7. Children’s Privacy

Our website is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children. If you believe that we have inadvertently collected information from a child, please contact us, and we will take appropriate measures to delete the information.

7.1.8. International Data Transfers

If you access our website from outside the country where our servers are located, your personal information may be transferred to servers located in that country or other countries with different data protection laws. By using our website, you consent to such transfers.

7.1.9. Contact Information

If you have questions or concerns about our security and privacy practices or wish to exercise your rights regarding your personal information, please contact us using the information provided in the “Contact Information” section of these Terms and Conditions.

7.1.10. Changes to Privacy Practices

We may update our security and privacy practices from time to time. Any material changes to our practices will be reflected in our Privacy Policy, and we will notify you as required by law. By continuing to use our website after such changes, you consent to the updated practices.

  1. Intellectual Property

8.1 Ownership and Rights

The Arcane Penguin Streetwear and its licensors own all intellectual property rights associated with our website, including but not limited to text, graphics, logos, images, software, product designs, and trademarks. These rights are protected by copyright laws, trademark laws, and other intellectual property laws and treaties.

8.2 Limited Licence

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, or perform any copyrighted material on our website without our prior written consent.

8.3 User-Generated Content

If you submit or post any content on our website, such as reviews, comments, or user-generated content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting content, you represent and warrant that you have the right to do so and that your content does not violate the rights of any third party.

8.4 Trademarks

The Arcane Penguin, , and any other trademarks or service marks displayed on our website are trademarks owned by The Arcane Penguin. You may not use these trademarks without our prior written permission.

8.5 Reporting Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property rights have been infringed upon on our website, please notify us promptly with the following information:

– A description of the copyrighted work or trademark that you believe has been infringed.

– A description of the allegedly infringing material, including its location on our website.

– Your contact information, including your name, address, phone number, and email address.

– A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright or trademark owner, its agent, or the law.

– A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or trademark owner or authorised to act on behalf of the owner.

Please send this information to customers@thearcanepenguin.com. We will investigate your claim and take appropriate action in accordance with applicable laws.

8.6 Third-Party Content

Our website may contain content provided by third parties, including user-generated content and links to third-party websites. We do not endorse, control, or assume responsibility for any third-party content or websites. Your interactions with third-party content or websites are solely between you and the third party, and we disclaim any liability arising from such interactions.

8.7 Notice of Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website, please notify us with the following information:

  • – A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
  • – Identification of the copyrighted work claimed to have been infringed.
  • – Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • – Your contact information, including your address, telephone number, and an email address.
  • – A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • – A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send this information to customers@thearcanepenguin.com. We will respond promptly to notifications of alleged copyright infringement that comply with applicable law.

8.8 Counter-Notice

If you believe that your content was removed or disabled as a result of an improper copyright infringement notice, you may send us a counter-notice that includes the following:

– Your physical or electronic signature.

– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

– A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.

– Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send this counter-notice to customers@thearcanepenguin.com. If we receive a valid counter-notice, we may reinstate the removed content in accordance with applicable law.

8.9 Enforcement

We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief or damages for any infringement of our intellectual property rights. We may also terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

8.10 Questions

If you have any questions or concerns about intellectual property matters, please contact us at customers@thearcanepenguin.com.

8.11 Ownership of Content

All content and materials on the The Arcane Penguin Streetwear website, including but not limited to text, graphics, logos, images, photographs, videos, audio, designs, software, and any other intellectual property (collectively referred to as “Content”), are the exclusive property of The Arcane Penguin Streetwear or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.

9. Use of Content

9.1 Limited Licence: 

The Arcane Penguin Streetwear grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content for personal, non-commercial purposes related to shopping on our website. This licence does not grant you any rights to modify, reproduce, distribute, publicly display, perform, or create derivative works from the Content without the express written consent of The Arcane Penguin Streetwear.

9.2. User-Generated Content:

If you choose to submit or upload user-generated content, including but not limited to product reviews, comments, or images, you grant The Arcane Penguin Streetwear a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content on our website and in our marketing materials. You represent and warrant that you have the necessary rights to grant this licence.

9.3 Trademarks and Trade Dress

9.3.1 The Arcane Penguin Trademarks:

 “The Arcane Penguin,” associated logos, slogans, and product names are trademarks and trade dress owned by The Arcane Penguin Streetwear. You may not use these marks for any purpose without our prior written consent.

9.3.2 Third-Party Trademarks:

All trademarks and trade dress of third-party brands featured on our website are the property of their respective owners. The display of third-party trademarks on our website does not imply any endorsement or affiliation with The Arcane Penguin Streetwear.

9.4 Copyright Infringement

9.4.1 Notice and Takedown Procedure: 

The Arcane Penguin Streetwear respects the intellectual property rights of others. If you believe that your work has been copied or used on our website in a way that constitutes copyright infringement, please contact us at customers@thearcanepenguin.com with a written notice containing:

  • – A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
  • – Identification of the copyrighted work claimed to have been infringed.
  • – Identification of the material on our website that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  • – Your contact information, including your address, telephone number, and email address.
  • – A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • – A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9.4.2 Counter-Notification: 

If you believe that your material was removed or disabled due to a mistake or misidentification, you may file a counter-notification with our designated agent. The counter-notification must include:

– Your physical or electronic signature.

– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.

– A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

– Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which The Arcane Penguin Streetwear may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

9.5 Enforcement

The Arcane Penguin Streetwear reserves the right to take appropriate legal action, including but not limited to seeking injunctive relief, damages, and attorney’s fees, against any party engaging in activities that infringe upon our intellectual property rights or violate these Terms and Conditions.

9.7 Third-Party Content

The Arcane Penguin Streetwear may display third-party content on its website, including but not limited to user-generated content, advertisements, and links to third-party websites. The Arcane Penguin Streetwear does not endorse, control, or assume any responsibility for third-party content, and your interactions with third-party content are solely between you and the third party. The Arcane Penguin Streetwear shall not be liable for any damages or losses arising from your use of third-party content.

9.8 Reporting Infringements

If you believe that any content on the The Arcane Penguin Streetwear website infringes upon your intellectual property rights, please contact us at customers@thearcanepenguin.com with the following information:

– Your name and contact information.

– A description of the intellectual property right you believe has been infringed.

– A description of the content on our website that you believe infringes your intellectual property rights, including specific URLs or other identifying information.

– A statement by you declaring that you have a good-faith belief that the use of the content is not authorised by the intellectual property owner, its agent, or the law.

– A statement by you, made under penalty of perjury, that the information provided in your notice is accurate, and that you are the intellectual property owner or authorised to act on behalf of the intellectual property owner.

9.9 Reservation of Rights

The Arcane Penguin Streetwear reserves all rights not expressly granted in these Terms and Conditions. Any unauthorised use of The Arcane Penguin Streetwear’s intellectual property may result in legal action.

9.10 Contact Information

If you have any questions or concerns regarding intellectual property rights, please contact us at customers@thearcanepenguin.com.

10 Force Majeure

 Neither The Arcane Penguin Streetwear nor the user shall be held liable for any failure or delay in the performance of any part of this agreement to the extent such failure is caused by a force majeure event.

10.1. For the purposes of these Terms and Conditions, a “force majeure event” shall include, but is not limited to, acts of God, strikes, lockouts, labour disputes, civil disturbances, terrorism, war, governmental regulations or restrictions, pandemics, natural disasters, power outages, and other unforeseeable circumstances beyond the reasonable control of The Arcane Penguin Streetwear.

10.2. In the event of a force majeure event, The Arcane Penguin Streetwear shall be excused from any further performance or obligation under these Terms and Conditions for the duration of the force majeure event, and the time for performance of any affected obligation shall be extended for a period equal to the duration of the force majeure event.

10.3. The Arcane Penguin Streetwear shall make reasonable efforts to notify users of any force majeure event and the impact on the performance of its obligations under these Terms and Conditions. However, The Arcane Penguin Streetwear shall not be responsible for any failure to provide such notice in a timely manner.

10.4. If a force majeure event continues for an extended period, The Arcane Penguin Streetwear reserves the right to terminate these Terms and Conditions without liability.

10.5  Users are encouraged to contact The Arcane Penguin Streetwear’s customer support for assistance or information regarding orders affected by a force majeure event.

10.6  During a force majeure event, users are also encouraged to take appropriate measures to safeguard their own interests, including but not limited to ensuring the security of their account information and monitoring communications from The Arcane Penguin Streetwear for updates regarding the situation.

10.7. The Arcane Penguin Streetwear shall not be liable for any losses or damages, direct or indirect, arising from or related to a force majeure event, including but not limited to delays in delivery, unavailability of products, or disruptions in services.

10.8. This Force Majeure clause is not intended to excuse either party’s obligations to make payments or perform monetary transactions under these Terms and Conditions.

10.9. The Arcane Penguin Streetwear shall not be responsible for any additional costs or expenses incurred by users as a result of a force majeure event, including, but not limited to, travel expenses, alternative purchases, or any other consequential or incidental damages.

  1. Governing Law and Venue

11.1. Governing Law: 

These Terms and Conditions, your use of this website, and any disputes arising from or related to these terms shall be governed by and construed in accordance with the laws of Spain,  without regard to its conflict of law principles.

11.2. Venue for Disputes:

 Any disputes, claims, or legal proceedings arising from your use of this website or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located within the European Union, and you hereby consent to the personal jurisdiction and venue of such courts.

11.3. Alternative Dispute Resolution: 

Before initiating any legal proceedings, you agree to attempt to resolve any dispute or claim arising from or related to these Terms and Conditions or your use of our website through alternative dispute resolution methods, such as negotiation or mediation, in good faith.

11.4. Waiver of Jury Trial: 

The Arcane Penguin’s hereby waive the right to a jury trial in any dispute or claim arising from or related to these Terms and Conditions or your use of our website.

11.5. Injunctive Relief:

Notwithstanding any other provision in these Terms and Conditions, The Arcane Penguin reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent or enjoin any unauthorised use, access, or violation of these Terms and Conditions.

11.6. International Users:

 If you are accessing our website from outside the European Union, you acknowledge and agree that your use of our website is subject to compliance with local laws, and you consent to the exclusive jurisdiction and venue of the courts within Spain as specified in this section. If any provision of these Terms and Conditions is deemed invalid or unenforceable under the laws of your jurisdiction, it shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

115.7. Language:

 These Terms and Conditions have been prepared in multiple languages, including English, Spanish, and Japanese, for your convenience. In the event of any conflict or discrepancy between the versions, the English version shall prevail for all legal purposes.

By using our website, you acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This section is intended to ensure that any disputes arising from your use of our website are resolved fairly and expeditiously.

For any questions or concerns regarding this “Governing Law and Venue” section or these Terms and Conditions in general, please contact us at customers@thearcanepenguin.com.

11.2  Compliance with Local Laws

11.2.1. As a user of The Arcane Penguin Streetwear’s website and services, you acknowledge and agree that it is your responsibility to comply with all applicable local, state, national, and international laws and regulations. This includes, but is not limited to, laws related to the purchase, import, export, and use of our products, as well as any laws governing online commerce and consumer rights in your jurisdiction.

11.2.2. It is essential to be aware of and adhere to any age restrictions or licensing requirements applicable to the purchase of certain products featured on our website. By using our website, you affirm that you are of legal age to purchase such products, as determined by the laws of your location.

11.2.3. The Arcane Penguin Streetwear makes every effort to ensure that our products and services comply with relevant laws and regulations in the regions where we operate. However, it is essential for users to understand that the interpretation and enforcement of laws can vary significantly by jurisdiction.

11.2.4. You agree not to use our website or services for any unlawful purpose, and you shall not engage in any activities that violate the rights of others or that could result in criminal or civil liability.

11.2.5. While we strive to provide accurate information about our products and services on our website, it is your responsibility to verify that the products you purchase or use comply with the specific regulations and standards of your jurisdiction. We disclaim any liability for the use of our products in a manner that violates local laws or regulations.

11.2.6  If you have any concerns about the legal compliance of our products or services in your jurisdiction, we encourage you to seek legal advice or contact the relevant authorities to ensure that you are in full compliance with local laws.

11.2.7. The Arcane Penguin Streetwear reserves the right to refuse service, terminate accounts, or cancel orders at our discretion if we have reason to believe that a user’s actions or requests are in violation of local laws or these Terms and Conditions.

11.2.8. By using our website and services, you agree to indemnify and hold harmless The Arcane Penguin Streetwear and its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your failure to comply with local laws or these Terms and Conditions.

11.2.9. In the event of any conflict between the provisions of these Terms and Conditions and local laws, the local laws shall prevail to the extent required by such laws.

  1. Amendments to Terms and Conditions

12.1. Notification of Changes

We reserve the right to modify, amend, or update these Terms and Conditions at any time, and such changes will become effective immediately upon posting. We will make reasonable efforts to notify users of any significant changes through the following methods:

12.1.1. Website Notification: We may provide a prominent notice on our website indicating that the Terms and Conditions have been updated. Users are encouraged to review the updated terms regularly to stay informed about any changes.

12.1.2. Email Notification: For registered users who have provided a valid email address, we may send an email notifying them of significant changes to the Terms and Conditions. However, the responsibility for regularly checking the website for updates remains with the user.

12.2. User’s Acceptance of Amendments

By continuing to use our website and services after changes to these Terms and Conditions have been posted, you signify your acceptance of and agreement to be bound by the revised terms. If you do not agree with the changes, you should immediately cease using our website and services.

  12.3.1. Opting Out: If you do not agree with the amended Terms and Conditions, you have the right to opt-out of our services and close your account, if applicable, at any time.

12.3.2. Dispute Resolution: If you continue to use our website and services after changes to these Terms and Conditions have been posted and subsequently have a dispute with us arising from these changes, any such dispute will be resolved in accordance with the Terms and Conditions in effect at the time the dispute arose.

12.3.3. Notification Period: We recommend that users regularly review these Terms and Conditions and check for updates. Please note that we will provide notice of changes as described above, but it is ultimately your responsibility to stay informed about the current Terms and Conditions.

12.4. Precedence of Amendments

In the event of any conflict or inconsistency between older versions of these Terms and Conditions and the most current version, the provisions of the most current version shall prevail.

12.5. Contact Us

If you have any questions or concerns regarding amendments to these Terms and Conditions, please do not hesitate to contact us at customers@thearcanepenguin.com. We are committed to providing transparency and addressing any inquiries or issues to the best of our abilities.

  1. Contact Information

12.1 Customer Support

For any questions, concerns, or assistance related to our products, services, or your orders, our dedicated customer support team is available to assist you. You can reach our customer support team through the following means:

Email: customers@thearcanepenguin.com

Phone: +34 683 47 58 41

Business Hours: Monday to Friday, from 10:00 a.m to 18:00 p.m.

Our customer support team is committed to providing prompt and helpful assistance to ensure your shopping experience with The Arcane Penguin Streetwear is as seamless as possible.

12.2 General Inquiries

If you have general inquiries about our brand, products, or policies, you can contact us using the following methods:

Email: customers@thearcanepenguin.com

We welcome your feedback, suggestions, and inquiries and will do our best to respond to them in a timely manner.

12.3 Reporting Issues with the Website

If you encounter any technical issues, glitches, or security concerns while using our website, please report them to our technical support team. You can contact our technical support team via:

Email: customers@thearcanepenguin.com

Your feedback is invaluable in helping us maintain the functionality and security of our website.

12.4 Legal and Compliance

For matters related to legal inquiries, compliance, and requests, you may contact our legal department at:

Email:  customers@thearcanepenguin.com

Mailing Address:  customers@thearcanepenguin.com

Please note that any legal inquiries should be directed to our legal department, and we will respond in accordance with applicable laws and regulations.

12.5 Amendments to Contact Information

We are committed to keeping our contact information up-to-date. In the event of any changes to our contact details, we will update this section accordingly. It is your responsibility to ensure that you have the most current contact information when reaching out to us.

For the most accurate and current contact information, please visit our website or refer to this section in the Terms and Conditions.

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