Terms of Use

Last Updated: February 21, 2026

1. Acceptance of Terms

By accessing and using the PenguinFlip website at penguinflip.com (the "Site"), you accept and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Site. We reserve the right to modify these Terms at any time, and changes are effective immediately upon posting.

2. About PenguinFlip

PenguinFlip is an online retail platform that sells curated new, used, and reconditioned products. Products are sourced from various channels and resold to consumers. All product conditions are accurately described in their listings.

3. Product Descriptions and Condition

We strive to describe all products as accurately as possible, including their condition:

• New: Brand new, unused items in original packaging (where applicable).
• Used: Previously owned items. Condition details and any defects are noted in the listing description.
• Reconditioned: Items that have been restored to working condition. Any remaining cosmetic imperfections are noted in the listing.

While we make every effort to display accurate product images and descriptions, slight variations may occur. Colors may appear differently depending on your device's display settings.

4. Pricing and Payment

• All prices are listed in U.S. Dollars (USD) unless otherwise stated.
• Prices are subject to change without notice.
• We reserve the right to refuse or cancel any order for any reason, including pricing errors.
• Payment must be completed at the time of purchase through our accepted payment methods.
• Sales tax will be applied where required by law.

5. Shipping and Delivery

• Shipping costs and estimated delivery times are provided at checkout.
• We are not responsible for delays caused by shipping carriers, weather, or other factors beyond our control.
• Risk of loss transfers to the buyer upon delivery to the shipping carrier.
• It is the buyer's responsibility to provide an accurate shipping address.

6. Returns and Refunds

• Returns may be accepted within 30 days of delivery, depending on the product and condition.
• Items must be returned in the same condition as received.
• Refunds will be processed to the original payment method within 5–10 business days of receiving the returned item.
• Return shipping costs are the responsibility of the buyer unless the item was received damaged or significantly not as described.
• Certain items may be marked as "Final Sale" and are not eligible for return.

7. Intellectual Property

All content on this Site — including text, images, logos, graphics, and design — is the property of PenguinFlip or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

8. User Conduct

When using our Site, you agree not to:

• Use the Site for any unlawful purpose
• Attempt to gain unauthorized access to our systems or data
• Interfere with or disrupt the Site's functionality
• Use automated tools to scrape or collect information from the Site
• Submit false or misleading information

9. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PENGUINFLIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless PenguinFlip and its owners, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Site or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which PenguinFlip operates, without regard to conflict of law provisions.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14. Contact Information

For questions about these Terms, please contact us at:

Email: sales@penguinflip.com
Website: penguinflip.com