Penguin Pick-Up Terms and Conditions

Conditions of Use

Welcome to www.penguinpickup.com (this "website"). You have been directed here because you have requested to have goods ("Goods") purchased by you from a retailer ("Retailer") delivered to one of our Penguin Pick-Up locations ("Locations") for pick up by you. All the Locations are owned and operated by Penguin Pick-Up Limited Partnership ("PPU", "we" or "us") and these Terms and Conditions govern the provision of such delivery and pick up of your Goods.

By using this website and selecting one of our Locations for delivery of your Goods, you agree to these Terms and Conditions below. Please read them carefully.

Prohibited Goods at PPU

PPU will not accept the following Goods ("Prohibited Goods"): currency or negotiable instruments; dangerous or hazardous Goods, including those Goods prohibited by the Transportation of Dangerous Goods Regulations; firearms or weapons of any kind; tobacco, alcohol or any other drugs prohibited by law; Goods that may damage other Goods or equipment, expose a person to danger or emit offensive odours; antiques, precious metals, valuable jewellery, original works of art or any other Goods that in PPU's sole judgment are of extraordinary value; animals, birds or insects; live plants or cut flowers; human remains in any form or any other biological materials or medical waste; and any Goods that are, or would be, if shipped, contrary to the laws of Canada, its provinces or municipalities, including but not limited to the Criminal Code and the Canada Post Corporation Act and the Non-Mailable Matter Regulations thereunder.

Before accepting any Goods, PPU reserves the right to require sufficient verification of the Goods, including the right to open and inspect any packaging. PPU reserves the right to refuse any Goods it determines to be Prohibited Goods. In the event that PPU unknowingly accepts Prohibited Goods, PPU will assume no liability whatsoever in respect of the goods, including but not limited to loss, damage, prosecution, delay or theft of any such Goods.

PPU may also in its sole and absolute discretion refuse to accept any package weighing more than 68 kilograms (150 pounds), exceeding 270 centimetres in length (108 inches), or exceeding a total of 419 centimetres (165 inches) in length and girth combined. Length is the longest side of the Goods. Girth is the distance around the Goods at the widest point.

Charges, Duties and Taxes on Delivery

PPU will not be responsible for any charges required to be paid for receipt of Goods on delivery, including but not limited to all transportation charges, duties, customs assessments, government penalties and fines, taxes and fees (any of the foregoing, "Charges"). It is your responsibility to ensure payment of all Charges before delivery of your Goods to PPU. Any Goods that require the payment of any charges for delivery will be refused by PPU and returned to sender according to the shipper's terms and conditions.

Picking Up Your Goods

To pick up your Goods, simply come to the Location you selected and present the PPU order confirmation provided to you by PPU (the "Order Confirmation"). You can present it in a printed paper form or you may display it on your mobile device. You must show a Government-issued photo identification to claim your Goods. We will retrieve the parcel containing your Goods and load it into your vehicle after you sign a delivery receipt.

If you wish to have another person (an “Authorized Representative “) pick up your Goods for you, the Authorized Representative must present your Penguin Pick-Up Code along with the Penguin Pick-Up Order Confirmation and agree to the Terms and Conditions. . When you registered for Penguin Pick-Up, you selected a Penguin Pick-Up Code (“Code”). This Code will allow you and any Authorized Representative to pick up on your behalf; it does not give access to your account. You must pick up your Goods within seven (7) days of the delivery of the Goods to the Location. If the Goods are not picked up within this seven (7) day period, we will contact you to make alternate arrangements.

Reliance

You acknowledge and agree that whenever a person arrives at a Location and presents a Retailer’s order confirmation, we are entitled to rely on the Retailer’s order confirmation as being a valid order confirmation issued by Retailer (the “Retailer’s Confirmation”) and that the person presenting the Retailer’s Confirmation is authorized, in each case without making any further inquiries or verification. If the person presenting the Retailer’s Confirmation was in fact not authorized by you to pick up your Goods, or obtained the Retailer’s Confirmation illegally, fraudulently or improperly, we are in no way responsible.

Nature of Relationship

You have purchased your Goods from the Retailer. We are not in any way involved with your transaction with the Retailer. We have no contractual relationship with you, nor you with us, except for these Terms and Conditions. We provide one, and only one, service (the "Service"). That is, we will accept delivery of the Goods for pick up by you on the Terms and Conditions contained herein.

If the shipper of the Goods to PPU requires a signature acknowledging receipt of delivery of the Goods, you agree that PPU is authorized to sign for such shipment of Goods on your behalf.

Damaged or Unsatisfactory Goods

The Goods that we receive at the Locations for pick up by you are your property. You have purchased them from Retailer, and we are simply storing them and providing a convenient location for you to take delivery. We are in no way responsible for any damaged, incomplete, incorrect, mislabelled, misbranded or otherwise unsatisfactory Goods. Our Locations are not equipped to handle refunds or monetary transactions of any kind. If you are unhappy with the Goods or wish to return them, you must take the Goods and follow the instructions provided to you by Retailer for return. We will not return them for you.

Liability

We have no responsibility to you except to perform the Service in good faith and with reasonable care and skill. We shall have no obligation or liability to you or any other persons for any damages or losses you or they may suffer in relation to your Goods or to our performance of the Service, except to the extent we cause any damage or harm to your Goods, to you picking up your Goods, to the vehicle used to pick up or to any other property through our gross negligence or wilful misconduct.

In no event shall we be liable for any (i) punitive, special, exemplary or aggravated damages, (ii) loss of profits, loss of use, loss of production, loss of business or loss of business opportunity, or (iii) a claim for indirect, incidental or consequential loss or damages of any nature suffered or allegedly suffered by you or your authorized representative or any other persons arising out of or in any way connected with the Goods or the Service; and you shall not have the right to assert or claim, and will not assert or claim, for any such losses or damages.

If through our gross negligence or wilful misconduct we damage your Goods, our liability for such damage is limited to a maximum of $100 per parcel of Goods. If through our gross negligence or wilful misconduct we damage or cause bodily injury or harm to you or your vehicle or other property, our liability for such damage, injury or harm is limited to a maximum of $100.

If and to the extent that the above exclusions or any portion thereof are found to be invalid or unenforceable for any reason, then the aggregate liability of PPU for damages of any nature suffered by you shall be limited to $100 in respect of any parcel of Goods that you pick up from us.

The above exclusion and limitation of liability shall apply to any claim, whether that claim is in contract, tort (including negligence), strict liability, restitution, breach of statute or any other theory of law and even if PPU had been advised or had reasons to know of the possibility of such damages.

Some jurisdictions have laws that do not allow some of the above disclaimers, limitations and exclusions. If these laws apply some or all of the above disclaimers, exclusions or limitations may not apply to you. These disclaimers, exclusions and limitations shall apply to you to the maximum extent permitted by applicable laws.

Consent to Email Communication

By registering with Penguin Pick-Up you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this website.

Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and each party hereto irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario.

General

These Terms and Condition constitutes the entire agreement between you and PPU pertaining to the Goods and the Service supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. PPU reserves the right to unilaterally modify or amend any portion of the Terms and Conditions at any time without prior notice. It is the express wish of the parties that these terms and conditions be drawn up in English only. C'est la volonté expresse des parties que ces termes et conditions soient rédigés en anglais seulement.

If you have any technical difficulties, please call 905 760 6203.