Terms of service
Terms and Conditions of Sale
Proud Penguin Ltd — Online Shop Last updated: July 2026 — DRAFT FOR LEGAL REVIEW
1. Who we are and how these terms apply
1.1 This website and online shop are operated by Proud Penguin Ltd, a company registered in England and Wales under company number [COMPANY NUMBER], with registered office at [REGISTERED ADDRESS] ("we", "us", "Proud Penguin"). VAT number: [GB…]. Contact: info@proudpenguin.co.uk / [PHONE].
1.2 These Terms and Conditions ("Terms") apply to all orders placed through our online shop by consumers. A "consumer" is an individual acting wholly or mainly outside their trade, business, craft or profession. Our shop is intended for consumers purchasing in household quantities; it is not intended for commercial resellers.
1.3 By placing an order, you confirm that you accept these Terms. Any terms you seek to impose or incorporate are excluded. Please read these Terms carefully and save or print a copy for your records.
1.4 Orders may only be placed by persons aged 18 or over.
2. Products and how the contract is formed
2.1 The presentation of products in our shop is an invitation to treat, not a binding offer.
2.2 By clicking the order button at checkout (e.g. "Pay now"), you make a binding offer to purchase the products in your basket. Before submitting your order, you can review and correct your entries at any time. Orders can only be submitted once you have accepted these Terms.
2.3 After you place an order, you will receive an automatic email acknowledging receipt. This acknowledgement is not acceptance of your order. A contract is formed only when we send you an email confirming dispatch of the products, or when the products are delivered to you, whichever is earlier.
2.4 If we cannot accept your order (for example, because a product is out of stock or there is an obvious pricing error), we will inform you and will not charge you; any payment already taken will be refunded promptly.
2.5 The contract language is English.
3. Your right to cancel (14-day cooling-off period)
3.1 As a consumer, you have the right to cancel your order without giving any reason within 14 days from the day on which you (or a person you nominate, other than the carrier) receive the goods. Where an order is delivered in instalments, the period runs from receipt of the last item.
3.2 To exercise this right, you must inform us of your decision by a clear statement (e.g. email to info@proudpenguin.co.uk or letter) before the cancellation period expires. You may use the model cancellation form available at [LINK], but this is not obligatory.
3.3 If you cancel, we will reimburse all payments received from you, including standard delivery charges (but not any supplement for a premium delivery option you chose), without undue delay and no later than 14 days after we receive the goods back or you provide evidence of return, whichever is earlier. We will use the same payment method you used, at no cost to you.
3.4 You must return the goods to us without undue delay and no later than 14 days after notifying us of cancellation. [You bear the direct cost of returning the goods / We provide free returns — CHOOSE ONE; if the customer bears return costs, this must be stated pre-contract or you cannot recover them.]
3.5 You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
3.6 The right to cancel does not apply to goods made to your specifications or clearly personalised.
4. Prices and delivery charges
4.1 All prices are shown in [GBP / EUR] and include VAT at the applicable rate.
4.2 Delivery charges are shown clearly before you complete your order. Orders over [£ AMOUNT] qualify for free standard delivery within the UK. [ADAPT/DELETE]
4.3 For deliveries outside the UK, you may be liable for import duties, customs charges and local taxes levied in the destination country. These are your responsibility unless we state otherwise at checkout (e.g. where duties are prepaid). [ADAPT to your EU fulfilment setup — see clause 15.3]
5. Delivery
5.1 We deliver to [LIST OF COUNTRIES]. Estimated delivery times are shown at checkout. Unless otherwise agreed, we will deliver the goods without undue delay and in any event within 30 days after the contract is formed.
5.2 If a product becomes unavailable, we will inform you promptly and refund any payment made for that product without undue delay.
5.3 The goods are your responsibility from the time they are delivered to the address you gave us. Ownership of the goods passes to you once we have received payment in full.
6. Payment
6.1 We accept the payment methods shown at checkout [e.g. credit/debit card, PayPal, Shop Pay, Apple Pay, Klarna].
6.2 Payment is due at the time of ordering unless the chosen payment method provides otherwise. We reserve the right to exclude individual payment methods in specific cases.
7. Faulty goods — your statutory rights
7.1 Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015. In summary, goods must be of satisfactory quality, fit for purpose and as described. If they are not, you may be entitled to a repair, replacement, price reduction or refund (including the short-term right to reject within 30 days).
7.2 Minor, production-related variations in colour, surface, texture and paintwork — particularly on hand-painted or hand-finished figurines — are characteristic of the manufacturing process and do not constitute a fault, provided they do not impair the product's use. Each figurine may show slight individual characteristics.
7.3 To make a claim, contact us at info@proudpenguin.co.uk. Please include your order number and, where possible, photographs of the issue.
8. Our liability
8.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights, or under the Consumer Protection Act 1987 (defective products).
8.2 Subject to clause 8.1, we are responsible for foreseeable loss and damage caused by our breach of these Terms or our failure to use reasonable care and skill. We are not liable for loss that is not foreseeable, or for business losses, as we supply products for private, domestic use only.
9. Product images and descriptions
9.1 Product photographs in our shop are for illustration. The colours you see depend on your screen settings, and minor differences between the image and the delivered product (colour rendering, brightness, contrast) do not constitute a fault.
9.2 Note on image editing: Some of our product photography may be digitally post-processed, including AI-assisted editing of image elements such as backgrounds, shadows, lighting or cut-outs. Such editing is intended solely to present the product clearly and attractively, and we take care to ensure that the depicted product remains an accurate representation of the product you will receive. Props, scenery and staging elements shown in photographs (e.g. landscapes, backgrounds, accessories) are not included unless expressly listed in the product description.
9.3 Editing discrepancies; written description prevails. Despite the care we take, digital or AI-assisted post-processing may in rare cases introduce unintended visual artefacts or deviations into an image (for example in surface detail, shading or colour). Product images are therefore provided for illustrative purposes and do not form part of the contractual product description. The written product description and specifications are authoritative and prevail over any product image in the event of a discrepancy. We reserve the right to correct or replace product images at any time.
9.4 If the product you receive genuinely differs from its written description, your statutory rights under the Consumer Rights Act 2015 apply in full (see clause 7). If you believe an image materially misrepresented a product, please contact us — and in any event you may return the product within the 14-day cancellation period under clause 3 for a full refund.
9.5 Dimensions, weights and material details in product descriptions are given with reasonable care; minor manufacturing tolerances may apply.
10. Sustainability — ISCC PLUS certification and the mass balance approach
10.1 Proud Penguin figurines are made from thermoplastic elastomer (TPE) to which a bio-based feedstock share of more than 34% is attributed under a mass balance system certified to ISCC PLUS (International Sustainability and Carbon Certification).
10.2 What does "mass balance" mean? Under the mass balance approach, fossil raw materials in the supply chain are partially replaced by sustainable, bio-based raw materials. The bio-based feedstock is fed into the production system and attributed to end products through a certified, independently audited chain of custody accounting system. This means: the guaranteed bio-based share of over 34% is allocated to the material of our products via the certified bookkeeping system; it is not physically measurable in, or distinguishable within, any individual product. Material properties and product quality are identical to conventional TPE.
10.3 The mass balance system ensures that the corresponding volume of bio-based feedstock has genuinely entered production and displaced fossil raw materials in the overall balance. Compliance is regularly audited by independent certification bodies under the ISCC PLUS scheme. [OPTIONAL: insert certificate number / link to the ISCC certificate database]
10.4 These statements are product information and do not constitute an additional contractual guarantee beyond your statutory rights, unless expressly designated as such.
11. Age recommendation and safety notices
11.1 Proud Penguin products are suitable for children aged 3 years and over (3+), unless stated otherwise on the specific product or its packaging.
11.2 Warning: Not suitable for children under 36 months. [ADAPT to your conformity assessment: add "Choking hazard — small parts." if applicable, or remove the warning entirely if the products are assessed as safe for under-3s.]
11.3 Our products comply with the Toys (Safety) Regulations 2011 and the applicable requirements of [BS] EN 71, and carry the UKCA [and/or CE] marking as required for the market in which they are sold.
11.4 Packaging materials (films, bags, packaging components) are not toys and must be kept away from children. Please observe all warnings and care instructions on the product and packaging.
12. Complaints and dispute resolution
12.1 If you have a complaint, please contact us at info@proudpenguin.co.uk — we aim to resolve issues quickly and fairly.
12.2 We are not required to, and do not currently, participate in alternative dispute resolution (ADR) through a certified ADR provider. [OR name an ADR body if you choose to offer one.] This does not affect your right to bring a claim in court.
13. Personal data
We process your personal data in accordance with our Privacy Policy, available at [LINK], and applicable data protection law (UK GDPR / Data Protection Act 2018).
14. Changes to these Terms
We may update these Terms from time to time. The version in force at the time you place your order applies to that order.
15. Governing law and jurisdiction
15.1 These Terms are governed by the laws of England and Wales.
15.2 You may bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
15.3 If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of mandatory consumer protection provisions of the law of your country of habitual residence, and you may be entitled to bring proceedings in your local courts. [Keep this clause if you sell into the EU.]
15.4 If any provision of these Terms is found to be invalid, the remaining provisions remain in full force.
Proud Penguin Ltd Registered office: [ADDRESS] Company number: [NUMBER] · VAT: [GB…] Directors: [NAMES] Email: info@proudpenguin.co.uk · Phone: [PHONE]