TERMS AND CONDITIONS

In General

These terms and conditions, together with the Activemen Privacy Policy govern how Activemen Clothing conducts business with you in relation to https://activemenclothing.com/ (the “Website”).

The terms ‘Activemen’, ‘Activemen Clothing’, ‘we’, ‘us’ and ‘our’ refer to the website owner, Activemen Clothing whose registered office is 379 Vega House, Falcon Drive, Cardiff, CF10 4RG, United Kingdom.

The terms ‘you’ and ‘your’ refer to the user or viewer of the Website.

By using the services available through this Website (collectively, the ‘Services’) and purchasing products (collectively, the ‘Goods’), you are agreeing to all of the Terms and Conditions set out on this page and our Privacy Policy.

Activemen Clothing may change these Terms and Conditions at any time without prior notice. You should check this page regularly to take notice of any changes made. Your continued use of the Website after any such changes constitutes your acceptance of any new Terms and Conditions.

Where the Terms and Conditions require you to provide written notification to Activemen Clothing, this can be done on the ‘Contact Us’ page of the Website.

Access to https://activemenclothing.com/

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to all of the Website.

Your Conduct

You must not misuse this Website. Unauthorised use of this Website may give rise to a claim for damages and/or constitute a criminal offence under the Computer Misuse Act (UK) 1990, as amended. Activemen Clothing Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Breaches include, but are not limited to, the following:

– transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

– commit or encourage a criminal offence; corrupt data; hack into any aspect of the Service;

– cause annoyance to other users; attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

– infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

Account Registration

Activemen Clothing reserves the right to close, restrict access to or take any other action against customer accounts, which may result in the forfeiture and destruction of all information associated with you. We will not be liable if for any reason your account is unavailable at any time or for any period.

Terms of Sale

By placing an order, you are offering to purchase Goods on and subject to the following Terms of Sale.

5.1. Our Contract

When placing an order, you undertake that all details you provide us are true and accurate.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we have received your order, received payment in full and as cleared funds and accepted your order. At this point, a binding legal contract is created, subject to your right of cancellation.

Activemen Clothing retains the right to cancel any order for any reason.

5.2. Description, Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.

The description and price of the Goods you order will be as shown on the Website at the time you place your order. Prices include VAT at the United Kingdom’s rate where the purchase is made for delivery within the United Kingdom. Prices do not include VAT where the purchase is made for delivery outside the United Kingdom and therefore no VAT refund, deduction or reclaim will be made.

All orders are subject to availability. If any Goods that you ordered are not available, Activemen Clothing will inform you as soon as possible and offer you alternatives or the option to cancel those Goods on the order.

If we discover an error in the price of any Goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling the order. If we are unable to contact you or we do not receive an order confirmation within 5 working days, we will treat the order for the Goods as cancelled.

If an order is cancelled or part of an order is cancelled and you have already paid for the Goods, you will receive a full refund in the same manner as the original payment.

Postage and packaging costs may be charged in addition. These charges are clearly displayed at check-out and are detailed on the Deliveries page of the Website.

All prices advertised are subject to change at any time.

5.3. Payment

Payment for the Goods and postage and packaging charges can be made by any method shown on the Website at the time you place your order but you must possess a valid credit or debit card issued by a bank acceptable to us or a verified PayPal account. You must be the authorized user of the credit card, debit card or PayPal account. It is your responsibility to ensure that there are sufficient funds to cover the cost of the Goods and postage and packaging.

Goods will not be dispatched until payment of cleared funds is received.

5.4. Discount Codes and Promotions

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue. Activemen Clothing reserves the right to vary the terms at any time.

Activemen Clothing may reject the use of or remove the availability of a discount code at any time and for any reason.

Only one discount code may be used for each purchase. Discount codes do not apply to postage and packaging charges, sale Goods, discounted Goods, unless otherwise specified.

Discount codes must be applied at the checkout and will not be applied retrospectively after payment has been taken for Goods.

5.5. Deliveries

Goods you order will be delivered to the address you provide when you place your order.

Activemen Clothing cannot dispatch parcels to International PO Box or drop box addresses.

Deliveries are only made to countries that can be serviced by the United Kingdom’s Royal Mail and its partners and only those listed at the check-out. Activemen Clothing may withdraw delivery services to any country at any time.

Delivery times are not guaranteed and are subject to any delays resulting from postal delays, Customs processing or force majeure for which we will not be responsible, including any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Please refer to the Activemen Clothing Shipping Policy for estimated delivery times.

All parcels either have a tracking barcode to show the whereabouts of the parcel or a signature service where the recipient signs for acceptance of the parcel. If any of these confirm that a parcel has been delivered and/or signed for receipt on delivery, Activemen Clothing will not consider the parcel to be lost.

Parcels may be left with a neighbour or can be held at local post offices or postal collection points if the recipient is not available to accept the parcel at the time of delivery.

Tracking details are provided to customers by e-mail when a tracked service is selected as part of the order. Tracking details are also provided by the Royal Mail, by SMS, for UK tracked services, if a correct mobile number and correctly formatted mobile number is given on the order. It is your responsibility to ensure that the correct e-mail address and/or mobile phone number is provided so you can receive the tracking details. Activemen Clothing cannot be held responsible if e-mails or SMS messages cannot be delivered due to factors outside our control, such as spam filters, firewalls, incorrect e-mail addresses and phone numbers.

Goods are not considered to be lost until after 10 working days for deliveries within the UK and 20 working days past the expected delivery date for International deliveries, if the tracking shows that the Goods have cleared Customs authorities. If Goods are lost, Activemen Clothing will check all available tracking details and then send replacement Goods if available. It is the policy of Activemen Clothing to send replacement Goods if available rather than issue a refund. You must notify us of a missing parcel within 30 days of dispatch. Notification of a missing parcel received after 30 days will be handled at our discretion.

You must tell Activemen Clothing if a parcel is later delivered that was previously considered to be lost. Activemen Clothing will consider whether to send a pre-paid mailing bag for you to return those Goods or to re-charge for the Goods.

If you fail to take delivery of the Goods or provided an incorrect or incomplete delivery address which did not allow the Goods to be delivered, we will refund you for the purchase price of the Goods, in the same manner that payment was received, if and when they are returned to us by the postal services, but not for the original cost of postage and packaging nor any costs incurred for the goods to be returned. At the discretion of Activemen Clothing, the full cost that Activemen Clothing paid for any postage, may be deducted from any refund. Refunds will not be made until the Goods have been returned to Activemen Clothing. If you fail to take delivery of the Goods because you cancelled your contract under The Consumer Protection (Distance Selling) Regulations (UK) 2000, as amended, Activemen Clothing will refund you within 7 days for the purchase price that was paid, in the same manner that payment was received, once the Goods have been returned to Activemen Clothing. On exercising your right to cancel you will be required to return the Goods in line with the Returns Policy. If you fail to return the Goods, Activemen Clothing will not refund them and reserves the right to deduct any direct costs incurred to retrieve the Goods.

5.6. Customs

When ordering Goods from Activemen Clothing for delivery outside the United Kingdom, you or the recipient may be subject to import duties, taxes and fees which are levied according to local Customs policies and/or laws. Activemen Clothing cannot be responsible for the payment of these. The Goods are Delivered Duty Unpaid.

Any advice or information provided in relation to these charges by Activemen Clothing should be verified before placing an order. Activemen Clothing cannot be held responsible for any incorrect advice. Customs policies change on a regular basis, in different countries. It is therefore your responsibility to check what charges may be imposed, before placing an order.

Customs authorities may open and inspect packages.

Customs processing may cause delays to the delivery of parcels, of unlimited length. Activemen Clothing is unable to contact Customs authorities whilst they process a parcel.

Where you fail to pay any Customs charges or refuse to accept the delivery of a parcel, the parcel will be returned to Activemen Clothing. Activemen Clothing will refund the Goods within 7 days of their return, but will not refund the original cost of postage on the order, nor any costs incurred to return those parcels. At the discretion of Activemen Clothing the full cost that Activemen Clothing paid for any postage, may be deducted from any refund. Refunds will not be made until the Goods have been returned to Activemen Clothing.

5.7. Title and Risk

The ownership of the Goods shall not pass to you until Activemen Clothing has received cleared funds in full for the purchase price of the Goods plus all other sums which are due. The Goods are at your risk from the time of delivery.

5.8. Cancellations

You have the right to cancel the contract at any time up to 30 calendar days after you receive the Goods.

To exercise your right of cancellation, you must give written notice to Activemen Clothing providing details of the Goods and order.

Except in the case of faulty or miss-described Goods, if you exercise your right of cancellation after the Goods have been dispatched to you, you will be responsible for returning the Goods to Activemen Clothing at your own cost to the trading address of Activemen Clothing, ensuring that the Goods are not damaged in the meantime or in transit. If you do not return the Goods as required, Activemen Clothing may charge you the direct costs of recovering the Goods.

Activemen Clothing will refund you within 7 days of the Goods being received back. Refunds will be made in the same manner as the original payment.

Refunds do not include the cost of outbound delivery unless the standard delivery option was selected for the order. The standard delivery option is the cheapest delivery option at checkout that was available for your order.

You do not have the right to cancel the contract if the order is for Goods you have worn unless the only way to discover a fault is by wearing or washing the Goods.

5.9. Returns

You may return Goods in line with the Activemen Clothing Returns Policy.

You have the right to return Goods at any time up to 30 calendar days after you receive the Goods.

Activemen Clothing will only accept returns for Goods free of fault received back in a condition suitable for re-selling – unworn, in their original condition and with all tags and original packaging intact and undamaged.

Except in the case of faulty or misdescribed Goods, you will be responsible for returning the Goods to Activemen Clothing at your own cost. Goods should be returned to the trading address of Activemen Clothing for which the address is provided on invoices and packing slips. You must take reasonable care to ensure that the Goods are not damaged in the meantime or in transit.

Parcels returned from outside the UK are not applicable for Customs charges. These parcels should clearly state ‘Returned Goods’ on the Customs documents and be given a zero value so that Customs charges are not applied in error. Activemen Clothing will not pay for any Customs charges applied to parcels for returned Goods and the parcel will be rejected on delivery back to Activemen Clothing.

Activemen Clothing will refund you within 7 days of the Goods being received back. Refunds will be made in the same manner as the original payment.

If a parcel is returned with the incorrect postage on it and incurs a fee that Activemen Clothing pays, the value of that fee will be deducted from any refund.

Underwear/swimwear padding cannot be returned.

5.10. Faulty Goods and Miss-Descriptions

In the case of faulty or misdescribed Goods we shall, after receiving written notification of the fault or misdescription, ask you to return the Goods yourself and refund your reasonable postage costs. If you are able to provide photographic evidence of any fault, we may not then require the Goods to be returned.

In the case of Goods that develop a fault over time, Activemen Clothing will consider refunds for Goods that were purchased within the last three months. We shall request you to provide photographic evidence of any fault. We may then ask you to return the Goods yourself and refund your reasonable postage costs.

Activemen Clothing will provide a replacement or similar alternative Goods where available, to replace faulty Goods. If replacement Goods are not available or where Goods have been misdescribed, Activemen Clothing will refund you within 7 days of the Goods being received back. Refunds will be made in the same manner as the original payment.

Activemen Clothing will not provide replacement Goods or refunds where Goods have been washed in a way that is not compliant with the washing instructions on the labels of those Goods.

Activemen Clothing will only refund miss-described Goods if they are received back in a condition suitable for re-selling – unworn, in their original condition and with all tags and original packaging intact and undamaged.

Activemen Clothing will make any refunds due within 7 days of the Goods being received back. Refunds will be made in the same manner as the original payment.

6) Copyright and Trademarks

This Website and its original content, features and functionality are owned by Activemen Clothing and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The intellectual property rights in all software and content made available to you on or through this Website remain the property of Activemen Clothing and/or its licensors and are protected by intellectual property and copyright laws and treaties around the world. All such rights are reserved by Activemen Clothing and its licensors. You may view, download for caching purposes only, and print pages from the Website for your own personal use. You are not permitted to publish, distribute, manipulate or otherwise reproduce, duplicate, sell or rent in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the prior written permission of Activemen Clothing.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Activemen Clothing or its licensors.

7) Links to and from this Website

You may link to any page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other website.

We reserve the right to withdraw linking permission without notice. You must remove any link if we request you to do so and we may request you to remove a link at any time and for any reason.

From time to time, this Website may contain links to other Websites, which are not operated by Activemen Clothing (the ‘Linked Sites’). These links are provided for your convenience and to provide further information. They do not signify that we endorse the Linked Sites. Activemen Clothinhg has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

8) Disclaimer of Liability

Information and materials displayed or offered on this Website are provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law, unless expressly stated to the contrary. We shall not be liable for any damages whatsoever arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of Activemen Clothing which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

9) Indemnity

You agree to indemnify, defend and hold harmless Activemen Clothing its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the terms and conditions.

10) Variation

Activemen Clothing shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

11) Invalidity

If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms and conditions will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

12) Waiver

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

13) Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.

14) Entire Agreement

The above terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between you and Activemen Clothing. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a Director of Activemen Clothing Ltd.

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