Menguin

By visiting www.menguin.com (The Site), you agree to the following Terms and Conditions of Use (Terms and Conditions) without modification.  Please read the following carefully, and if you do not agree to be bound by the Terms and Conditions, do not access the Site.

Menguin may update this policy periodically and without notice.  Please revisit this page periodically, as use of the site constitutes a binding acceptance of the most current Terms and Conditions.  Please read these terms carefully, and retain a copy for reference.  If you have any questions or comments regarding our policies, please call 844-MENGUIN or email us at service@menguin.com.

RENTAL TERMS AND CONDITIONS

The rental fee ("Rental Fee") for the Products will be the Rental Fees, accidental damage waiver, taxes and any other associated charges detailed on the checkout page of our website in connection with your rental order. Upon placing your order for Products, you authorize us to charge your credit card for the Rental Fee. We will charge your credit card the amount of the Rental Fee immediately upon you completing your order on our website. You represent that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein. A reservation for a Product on our website is an order for the rental of that Product, no matter how far in advance the order is placed. In addition to the Rental Fee, you further authorize us to charge your credit card for any Late Fees, Replacement Fees or other damage amounts as set forth below (see "Rental Agreement").

In addition to the Terms and Conditions outlined on this page, Terms and Conditions may apply to specific promotions, contests and other Site features, and are incorporated as a part of these Terms and Conditions by reference.

Cancelations and Refunds: You may cancel your order:

  • Within 20 days of the scheduled event and receive a full refund. 
  • Within 14 days of the scheduled event, but prior to shipment of your order, and receive a 50% refund.
  • Orders canceled after shipment are not eligible for a refund.

Change of Address: Customers are required to inform Menguin of a change in shipping address no later than fourteen (14) days in advance of the wear date. Neglecting to update shipping information will result in an additional shipping fee and will forfeit the Menguin Fit Guarantee (see below).

FIT GUARANTEE

Menguin stands behind the fit of all of our rental items with a "Fit Guarantee". The "Fit Guarantee" allows customers to receive complimentary replacements prior to their event. In order to be eligible for the "Fit Guarantee", the following conditions must be met:

  • To be eligible for the "Fit Guarantee", orders must be placed at least 14 days prior to the event date.
  • Also, to utilize the "Fit Guarantee", customers must call 844-MENGUIN, to notify the company of any sizing issues, within 24 hours of receipt of their apparel. The beginning of the 24 hour period is determined by the delivery timestamp of our carrier.
  • Menguin will, at its sole discretion, make a best effort to correct fitting issues that do not meet the above conditions. 

RENTAL AGREEMENT

Box with rental needs to be shipped back to Menguin on the first business day following the event. For late shipments, the following charges will be assessed:

  • $25 per day (determined by postmark, we will not bill you for shipping errors). 
  • Any Products that are not returned within 10 days of your event may be deemed lost and, you may be charged Product replacement fees ("Replacement Fees") as detailed below.

If any of the garments are severely damaged, or altered without authorization, then the following minimum charges will be assessed upon receipt:

  • Coat $240
  • Pants $100
  • Shirt $30
  • Shoes $75
  • Vest or Cummerbund $90
  • Tie $30
  • Suspenders $24

For all damage-related charges, we will communicate the issue with the customer prior to charging the credit card on file.  

You will be responsible for Late Fees, Replacement Fees and any other damage charges collectively, the "Fees") associated with Products you ordered and for any orders for Products initiated from your account. If we are unable to collect Fees owed by a customer then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.

 

SHIPPING AND RETURN

Your rental order will be shipped to you via United Parcel Service (UPS), and will be scheduled to arrive at least 7 days prior to your event date. We ship only to a valid residence, office or hotel street address within the United States (we can not ship to a P.O. Box). A pre-paid return shipping label is included with every order. To return your rental order, place all rental items in a box (this can be any box), seal the box, and place the return shipping label, and deliver the box to any authorized United Parcel Service (UPS) pick-up site. Be sure to return all rental items as listed on the packing slip included in your order. We are not responsible for any personal property returned with the rental order.

Orders placed within 14 days will be subject to expedited shipping charges, which will be communicated to the customer prior to shipment. 

Cost related to incorrect, or outdated shipping information will be borne by the customer. Please make sure we have accurate shipping information on file.

TRIAL TUXEDO PROGRAM

The trial tuxedo program is specifically designed for demo purposes only and is of limited availability. We will use any sizing feedback to correct the sizing information for your event rental date. We will NOT send any replacement garments during the trial tuxedo process.

Late Fees, Damages and Replacement Fees:  If any of the garments are severely damaged, or altered without authorization, then the minimum charges outlined above will be assessed upon receipt

Any trial tuxedo held longer than the allotted 48 hours will be charged at our standard rate outlined above, unless otherwise told by a Menguin Service Specialist.

Any Products that are not returned within 10 days of your event may be deemed lost and, you will be charged Product replacement fees ("Replacement Fees") as detailed above.

You will be responsible for Late Fees, Replacement Fees and any other damage charges collectively, the "Fees") associated with Products you ordered and for any orders for Products initiated from your account. If we are unable to collect Fees owed by a customer then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.

COLLECTION OF INFORMATION

The Site may collect certain personal information in order to provide a seamless and personalized experience for our customers.  While you may opt-out of providing any or all information to the Site, doing so may limit your ability to interact with the Site, including placing orders and creating accounts.

Interaction with our site may result in the automatic collection and storage of certain information, including Internet Protocol (IP) addresses, referring webpages, operating system, browser type, Internet Service Provider (ISP), as well as date and time information.  We utilize this information to optimize our marketing efforts, track our users interaction with the site, and to improve the overall site experience.  We also may utilize cookies small files placed on your computer that will allow us to recognize if your computer is returning to our site.  These cookies allow us to seamlessly recreate your prior visit to our site, and enhance the overall customer experience.  If you wish to disable cookies, please do so in your browser settings.

From time-to-time, we may share personally identifiable information that you have submitted through the Site with third parties to better administer the Site, to improve our marketing, and to process/ship incoming orders.  We do not authorize these parties to use your personally identifiable information in any manner.

We will also disclose personally identifiable information in the event of law enforcement or other legal action, including as necessary to protect the intellectual property and interests of Menguin.

What information do we collect?
We collect information from you when you place an order to help us fulfill that order. We don't sell, trade, or give away information to any 3rd parties.

As you browse Menguin.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interactions with Menguin.com.
The techniques our partners employ do not collect personal information such as your name, e-mail address, postal address or telephone number. You can visit this page to opt out of AdRoll and their partners' targeted advertising: http://www.adroll.com/about/privacy
 

DATA SECURITY, PRIVACY, PASSWORDS

By using the Site, you agree that you are responsible for maintaining the confidentiality of your password and account information, and that you will accept responsibility for all activities, including purchases, which occur through the use of your account and password.  Furthermore, you acknowledge that Menguin is not responsible for another parties access of your account that may result from misappropriation of your account and password information, and that you may be held liable for any losses Menguin incurs due to a third party utilizing your account and password.  Menguin and its representatives reserve the right to terminate accounts or refuse service at any time under their sole discretion.

Menguin does not knowingly collect any personal information from persons under the age of 13.  Parental or guardian consent is required for persons under the age of 18 to use the Site.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

CONTENT

The entirety of www.menguin.com, including graphics, artwork, photographs, logos, computer code, arrangements and user interfaces (Content) are protected intellectual property that is owned, controlled or licensed by Menguin and protected by intellectual property rights.

No part of The Site or Content of www.menguin.com may be reproduced, republished, uploaded, mirrored, publicly displayed, transmitted or distributed in any way to another computer, website, server, or any other medium for publication or distribution without the express consent of Menguin.

OUTSIDE CONTENT:

Menguin may publish links on our site to external content, including to social networking websites.  We provide these links to enhance customer experience and for marketing purposes, and do not assume responsibility for any of the content on linked sites.  Any information disclosed on these linked sites is public, and beyond the control of Menguin.  Please exercise caution when disclosing personal information on any external websites, and review all applicable policies and privacy policies.

USE OF THE SITE, SUBMITTED CONTENT

By complying with the Terms and Conditions, you are granted a non-transferable, personal, non-exclusive, revocable license to access and utilize www.menguin.com   By utilizing the Site, you agree that you will not use if for any purpose that is illegal, or prohibited by the Terms and Conditions.  You also agree to not (a) obtain any information or material from the Site that is not intentionally made available or provide by the Site (b) distribute, store or destroy material in violation of any applicable law or statute (c) infringe on any copyright, trademark, trade secret or violate the privacy of other users of the Site (d) interfere with the proper functioning of the Site, including its appearance or of any transaction.

If you submit content to the Site, you agree to grant Menguin a perpetual, irrevocable, royalty-free, transferrable worldwide license to the material under all applicable intellectual property rights you may own or control.  Menguin may reproduce, transmit, modify and otherwise exploit this content, as well as utilize your name, image, information and likeness in connection with this submitted content without notice, attribution or compensation.  Submission of content to the site constitutes a waiver of any and all rights to the content including inspection or approval of the content and its use.

Menguin may, at any time and with in its sole discretion, terminate your access to and/or block your future access to the Site, if we determine you have violated the Terms and Conditions, or other agreements incorporated herein by reference.  To the maximum extent permitted, the laws of the State of Indiana govern this agreement, and you agree to the exclusive jurisdiction and venue of courts in Indiana for all disputes arising out of or relating to the use of the Site.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including, without limitation, this section.

DISCLAIMERS AND LIMITATION OF LIABILITY; INDEMNITY

You agree to indemnify and hold harmless Menguin and its officers, directors, shareholders, employees, agents, successors in interest and affiliates from and loss, liability, demands, claims or expenses; including reasonable attorney fees; made against Menguin arising from or in connections with your use of the Site.

The Site and all of its contents are delivered on an as-is and as-available basis, and nor warranties of any nature are asserted.  You expressly agree to use the Site at your own risk.  To the full extent of the law, Menguin and its suppliers make no representations or warranties, whether express or implied, including any warranties of accuracy, merchantability and fitness for any particular purpose.

Menguin shall not be held liable for damages of any kind resulting from use of the Site, or interaction with its servers or email addresses.  Menguin will not be held liable for any direct, indirect, incidental, punitive and consequential damages, even if Menguin is made aware of the potential damages.  Menguin disclaims any liability for the actions, omissions and conduct of third parties arising from your use of the Site.  You agree to assume complete responsibility for any consequences arising from your interactions with the Site or any Linked Sites.  You agree that your sole remedy for any issues arising from your use of the site will be to cease interacting with the Site.

In the event that any provision of the Terms and Conditions are deemed unenforceable, invalid, or void, that term will be deemed severable from the remainder of the Terms and Conditions, and will not affect the validity of the rest of the Terms and Conditions.  These Terms and Conditions represent the entirety of the agreement between the user and Menguin, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Menguin with respect to the Site.  No modifications to these Terms and Conditions may be made on your part, and any attempts to do so are automatically rejected by Menguin.  Failure of Menguin to enforce any aspect of these Terms and Conditions will not be construed as a waiver of all or part of the Terms and Conditions.

If Menguin does take any legal or administrative action against you stemming from a violation of the Terms and Conditions, Menguin will be entitled to recover from you, and you agree to pay, all reasonable attorneys fees and costs arising from such action, in addition to other relief that may be granted to Menguin.

A printed version of this agreement, and any notice give in electronic form, shall be admissible in judicial or administrative proceedings relating to this agreement to the same extent and subject to the same conditions as business documents and records originally generated and maintained in printed form.  All parties to this agreement expressly wish that all related documents be written in English.

GOVERNING LAW; RESOLUTION OF DISPUTES

The Site, including its Terms of Use, will be enforced under the laws of the State of Indiana.  Resolution of any dispute regarding your use of the site will have Monroe County, Indiana as its exclusive venue.

The Site and all of Menguin operations are controlled and administered from inside of the United States.  If you access our site from outside of the United States, you agree to do so in compliance with all applicable local laws.  At this time, Menguin does not hold accept orders from outside of the United States.