Terms and Condition
Effective Date: 1 June 2026
These Terms & Conditions (“Terms”) govern your access to and use of the Rare Penguin Haute Couture website (“Website”), mobile applications (if any), products, services, and all transactions carried out through the Platform.
By accessing, browsing, registering an account, or placing an order on the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms & Conditions, our Privacy Policy, Shipping Policy, Refund & Cancellation Policy, and any other policies published on the Platform from time to time.
1. About Rare Penguin Haute Couture
Rare Penguin Haute Couture (“Rare Penguin”, “Company”, “Platform”, “we”, “our”, or “us”) is a luxury fashion marketplace that curates and showcases apparel, couture, accessories, jewellery, footwear, handbags, lifestyle products, and other luxury merchandise from independent designers, fashion labels, luxury brands, artisans, and selected partner boutiques (“Designers”).
Rare Penguin provides an online platform that enables customers to discover and purchase products from multiple designers through a seamless shopping experience. Depending on the product and designer, certain services including payment processing, customer support, logistics coordination, quality checks, and order management may be facilitated by Rare Penguin.
The sale, manufacture, customization, and production of products remain the responsibility of the respective Designer unless expressly stated otherwise.
2. Acceptance of Terms
By accessing or using the Platform, you confirm that you:
- are at least eighteen (18) years of age or are accessing the Platform under the supervision of a parent or legal guardian;
- possess the legal capacity to enter into a binding agreement under applicable laws;
- will provide true, accurate, current, and complete information while creating an account or placing an order;
- agree to comply with these Terms and all applicable laws and regulations.
If you are using the Platform on behalf of a company, partnership, organization, or any other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Modification of Terms
Rare Penguin reserves the right to amend, revise, update, or replace these Terms & Conditions at any time without prior notice.
Any revised Terms shall become effective immediately upon being published on the Platform unless otherwise specified.
Your continued use of the Platform after any modifications constitutes your acceptance of the updated Terms.
Customers are encouraged to periodically review these Terms before using the Platform or placing an order.
4. User Account Registration
Certain features of the Platform may require you to create a registered customer account.
While registering, you agree to:
- provide accurate and complete personal information;
- maintain and promptly update your information whenever necessary;
- safeguard your login credentials and password;
- accept responsibility for all activities conducted through your account.
Rare Penguin shall not be liable for any loss resulting from unauthorized access to your account due to any failure to maintain confidentiality of your login credentials.
We reserve the right to suspend, restrict, or permanently terminate any account that contains false information, violates these Terms, or is suspected of fraudulent or unlawful activity.
5. Marketplace Services
Rare Penguin operates as an online luxury fashion marketplace connecting customers with multiple independent Designers.
Products available on the Platform may be:
- Ready-to-Ship Products
- Customized Products
- Limited Edition Collections
- Exclusive Designer Collaborations
Each Designer independently determines the availability, pricing, specifications, production timelines, sizing, craftsmanship, and customization options for its respective products.
While Rare Penguin undertakes reasonable efforts to curate reputed Designers and maintain quality standards, the Platform does not manufacture every product listed for sale.
Accordingly, product descriptions, craftsmanship, production timelines, availability, and customization options may vary depending upon the respective Designer.
6. Product Information
We endeavour to ensure that all product descriptions, pricing, specifications, measurements, colours, images, and availability displayed on the Platform are accurate.
However, customers acknowledge that:
- colours may vary due to photography, lighting, monitor settings, and screen resolutions;
- handcrafted products naturally exhibit slight variations in embroidery, weave, embellishments, prints, textures, dye lots, beadwork, sequins, zari, motifs, and finishing;
- measurements provided are approximate and may vary within acceptable manufacturing tolerances;
- certain embellishments, fabrics, and handcrafted elements may differ slightly from product images.
Such variations are inherent characteristics of handcrafted luxury fashion and shall not be considered manufacturing defects.
7. Product Availability
All products displayed on the Platform are subject to availability.
Since several products are produced in limited quantities or handcrafted upon receiving an order, availability may change without prior notice.
Rare Penguin reserves the right to:
- discontinue any product;
- modify product descriptions;
- update pricing;
- restrict purchase quantities;
- withdraw products from the Platform at its sole discretion.
If a product becomes unavailable after an order has been placed, customers shall be notified promptly, and any eligible refund shall be processed in accordance with the applicable Refund & Cancellation Policy.
8. Pricing
Unless otherwise stated, all prices displayed on the Platform are in Indian Rupees (INR).
For international customers, prices may be displayed in other currencies for convenience; however, the final transaction amount may vary depending on applicable exchange rates, banking charges, taxes, customs duties, import levies, and local regulations.
Rare Penguin reserves the right to revise prices at any time without prior notice.
Pricing errors arising from typographical mistakes, technical issues, or system malfunctions may result in cancellation of the affected order, even after an order confirmation has been generated.
In such instances, customers shall receive a full refund of the amount paid.
9. Taxes and Duties
Applicable Goods and Services Tax (GST) shall be charged in accordance with prevailing Indian tax laws.
For international shipments, customers shall be solely responsible for:
- customs duties;
- import taxes;
- local VAT or GST;
- brokerage charges;
- customs clearance fees;
- any additional governmental levies imposed by the destination country.
10. Orders and Order Acceptance
Placing an order on the Platform constitutes an offer by you to purchase the selected product(s) subject to these Terms & Conditions.
Upon successful placement of an order, you will receive an order acknowledgement via email and/or SMS. Such acknowledgement confirms that we have received your order request; however, it does not constitute acceptance of your order.
An order shall be deemed accepted only after:
- successful verification of payment;
- confirmation of product availability by the respective Designer;
- completion of internal fraud prevention and security checks; and
- dispatch of the product(s).
Rare Penguin reserves the right to refuse, reject, suspend, or cancel any order, in whole or in part, for reasons including but not limited to:
- product unavailability;
- pricing, inventory, or typographical errors;
- suspected fraudulent or unauthorized transactions;
- violation of these Terms & Conditions;
- limitations on quantities available for purchase;
- requests from law enforcement or regulatory authorities; or
- circumstances beyond our reasonable control.
Where payment has already been received for a cancelled order, the amount shall be refunded in accordance with our Refund & Cancellation Policy.
11. Payments
The Platform accepts payments through secure and authorised third-party payment gateways.
Accepted payment methods may include:
- Credit Cards
- Debit Cards
- UPI
- Net Banking
- Digital Wallets
- International Cards
- EMI options (where available)
By placing an order, you represent and warrant that you are authorised to use the selected payment method.
Rare Penguin does not store complete payment card information. All payment transactions are processed through secure payment service providers that comply with applicable industry security standards.
Orders shall be processed only upon successful authorisation and receipt of payment.
12. Made-to-Order and Customized Products
Many products available on the Platform are handcrafted specifically upon receipt of an order.
Such products may include:
- Made-to-Order garments;
- Customized products;
- Personalized products;
- Altered garments;
- Designer-exclusive creations.
Customers acknowledge that production timelines for such products are significantly different from ready-to-ship merchandise.
Once production, customization, embroidery, alteration, or tailoring has commenced, such orders generally cannot be cancelled, modified, exchanged, or refunded except where required under applicable law or expressly approved by Rare Penguin.
The estimated production timeline displayed on the Platform is indicative and may vary depending upon the Designer’s production schedule.
13. Measurements and Alterations
Customers are solely responsible for providing accurate body measurements whenever requested.
Where measurements are submitted by the customer:
- Rare Penguin and the respective Designer shall rely entirely upon the measurements provided;
- any fitting issues resulting from inaccurate or incomplete measurements shall not constitute a manufacturing defect;
- alteration requirements arising from incorrect measurements provided by the customer shall remain the customer’s responsibility unless otherwise agreed.
Minor fitting adjustments may naturally be required depending upon individual body proportions and garment construction.
14. Product Availability and Production Timelines
Luxury fashion products often involve artisanal craftsmanship and limited production.
Accordingly:
- estimated dispatch timelines are approximate;
- production schedules may vary between Designers;
- festivals, seasonal demand, exhibitions, unforeseen production delays, raw material shortages, or force majeure events may affect timelines.
While Rare Penguin will make reasonable efforts to keep customers informed, delivery dates should be treated as estimates rather than guaranteed commitments.
15. Shipping and Delivery
Orders shall be shipped to the delivery address provided during checkout.
Customers are responsible for ensuring that the shipping address, contact details, and recipient information are complete and accurate.
Delivery timelines displayed on the Platform are estimates only and may vary due to:
- Designer production schedules;
- courier partner delays;
- weather conditions;
- customs clearance;
- public holidays;
- transportation disruptions;
- regulatory restrictions; or
- events beyond our reasonable control.
Ownership and risk in the products shall pass to the customer upon successful delivery at the designated shipping address.
Complete details regarding dispatch timelines, shipping charges, international deliveries, customs, and related matters are provided in our Shipping Policy.
Rare Penguin proudly ships to multiple countries worldwide, subject to applicable laws and logistics availability.
Customers placing international orders acknowledge that:
- imported goods may be subject to customs inspection;
- customs duties, import taxes, VAT, GST, brokerage fees, and other governmental charges may apply;
- such charges are determined by the destination country’s authorities and remain the sole responsibility of the customer unless expressly stated otherwise.
Rare Penguin has no control over customs procedures and shall not be responsible for delays, additional charges, confiscation, or refusal of entry by customs authorities.
17. Order Cancellation
Customers may request cancellation of an order before production or dispatch, subject to the nature of the product and approval by Rare Penguin.
Cancellation requests for made-to-order, customized, altered, personalised, or specially procured products may not be accepted once production has commenced.
Rare Penguin reserves the right to cancel any order at its discretion in circumstances including but not limited to:
- product unavailability;
- pricing or inventory errors;
- payment issues;
- suspected fraud;
- regulatory requirements; or
- circumstances beyond our reasonable control.
Refunds, where applicable, shall be processed in accordance with the Refund & Cancellation Policy.
18. Returns, Exchanges and Refunds
Returns, exchanges, refunds, replacements, and related requests shall be governed exclusively by the Refund & Cancellation Policy published on the Platform.
Due to the exclusive and handcrafted nature of luxury fashion, certain products—including customized, altered, made-to-order, personalized, jewellery, accessories, and products specifically identified as non-returnable—may not be eligible for return or exchange.
Customers are encouraged to carefully review the applicable policy before placing an order.
19. Promotional Offers and Discount Codes
From time to time, Rare Penguin may introduce promotional campaigns, discount codes, loyalty benefits, referral programmes, seasonal offers, or exclusive customer incentives.
Unless otherwise specified:
- promotional offers cannot be combined with other offers;
- discount codes are valid only during the specified promotional period;
- offers are non-transferable and have no cash value;
- misuse of promotional campaigns may result in cancellation of orders or suspension of customer accounts.
Rare Penguin reserves the right to modify, withdraw, or discontinue any promotional offer at its sole discretion without prior notice.
20. Gift Cards and Store Credits
Where offered, gift cards and store credits shall be governed by their respective terms of use.
Unless otherwise specified:
- gift cards are non-refundable and cannot be redeemed for cash;
- store credits may only be used towards purchases on the Platform;
- expired gift cards or promotional credits may not be revalidated or extended;
- lost, stolen, or unauthorised use of gift cards shall not be the responsibility of Rare Penguin.