Terms & Conditions

The Original Penguin by Munsingwear® brand is owned by Perry Ellis International, Inc. and/or its subsidiaries. originalpenguin.com is the official website for Perry Ellis Menswear, LLC (“Perry Ellis”), a wholly owned subsidiary and division of Perry Ellis International, Inc. (referred to herein with Perry Ellis and all subsidiaries and affiliates collectively as “PEI”). We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the originalpenguin.com web site (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

A Security:

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1. Using a false password belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

B General Rules

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

C Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may, at any time, result in a warning, temporary limit or suspension or immediate termination of your access to the Site, or civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by PEI.  The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by PEI or used with permission. originalpenguin.com and all other trademarks appearing on this Site are trademarks of PEI or are licensed or used with permission of the owner by PEI.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of PEI or the owner of such material.

Perry Ellis' products displayed on the Site are generally available in most cases in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Perry Ellis makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your electronic display, we cannot guarantee that the display of any color will be accurate.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PEI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PEI's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PEI of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. PEI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that PEI may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PEI's products or services, or for such other purpose(s) as PEI deems appropriate. You agree that PEI may use and/or disclose information consistent with our Privacy Policy, available on the Site.

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which PEI does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. PEI makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by PEI. You should carefully review the website terms and privacy policy of any such websites before use.

Unless otherwise specified and except to the extent Perry Ellis products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Perry Ellis® products and services available in the United States and select foreign markets. This Site is hosted in California and operated by PEI from its offices in New York, Miami or London.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the U.S. District Court for the Southern District of Florida, unless jurisdictional limits prohibit it, in which case, any dispute shall be resolve​d​ in state court or small claims court in Miami-Dade County, Florida.

Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

PEI will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement 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; and (6) 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 owner of an exclusive right that is allegedly infringed.

This Agreement is effective unless and until terminated by either you or PEI. You may terminate this Agreement at any time. PEI also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PEI's sole discretion you fail to comply with any term or provision of this Agreement.

Mobile Terms & Conditions

Original Penguin offers its customers mobile alerts regarding marketing alerts, new product releases, promotions, events, loyalty program information and cart reminders by SMS message (the "Service") on short code 66949. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Original Penguin reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

1. Authorize Original Penguin to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

1. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on an individual, family, or business plan and that you are authorized to opt in.

Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at 3000 NW 107th Ave. Miami, FL 33172. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to receive marketing content on short code 66949, your message frequency may vary. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Rewards points notification
6. Rewards program updates
7. Rewards program exclusive coupons and discounts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Original Penguin may add or remove any wireless carrier from the Service at any time without notice. Original Penguin and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Original Penguin or the rewards program Original Penguin Rewards, text the word STOP to 66949 any time or reply STOP to any of the text messages you have received from Original Penguin or Original Penguin Rewards. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Original Penguin and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Original Penguin through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can text HELP for help at any time to 66949. You can contact us by email at support@g.originalpenguin.com. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

If you have any questions about these Terms and Conditions, please contact us at legal@perryellis.com.