We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions for changes. We may modify or withdraw, temporarily or permanently, the Services offered (or any aspect of them) and we shall not be liable to you or any third party for any modification to or withdrawal of such services. If you do not agree to our right to change these Services or the Terms and Conditions, please do not use Activewear.
If any product has been listed at an incorrect price due to an input error, you will be notified of the correct price and given the choice of either purchasing the product at the correct price or cancelling your order. If you confirm that you still require the product at the corrected price we will deliver the product to you and the necessary price variance will be implemented. If you do not require the goods at the revised price, you can cancel your order and upon return of the goods, a refund will be given.
You agree that any information you submit to The Company including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to Activewear any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on our platforms and we reserve the right to remove any material you have placed on any Website we control or to deny you access to any Services at any time in our sole discretion.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Services or the purchase of Goods.
Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
All personalised items are made bespoke and printed and embroidered for you so please allow 7-10 business days for your order to be processed. Please note that if you have purchased personalised goods we cannot accept returns unless the actual garments are faulty. If you have any questions please contact us at email@example.com.
Please note that these Terms and Conditions do not affect your statutory rights.
1. Product Descriptions on Our Platforms
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered on to Our Platforms. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Order process
2.1 The Activewear Group takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on Our Platforms.
2.2 The technical steps to place your Order and create a contract of sale between you and us will depend upon the ordering Platform utilised (Amazon, eBay, the Activewear website www.activeweargroup.com [known hereon in as 'The Activewear Website'], email, phone, in-person or any other such platform not previously detailed). In general:
a) You place an Order on the Website by pressing the 'Place Order' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) We will send you a dispatch confirmation email when your item is dispatched from us or our supplier. Alternatively, in relation to our 'Collect' service, we will send you an email to confirm that your Order is ready for collection. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
2.3 The contract between you and Activewear Brands will be concluded in English and subject to the laws of England and the jurisdiction of the English courts.
2.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
2.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) a Product you ordered is out of stock;
b) we are unable to obtain authorisation for your payment;
c) we have identified an error with a Product Description;
d) there is a system or procurement failure;
2.6 Activewear Brands is a reseller of goods from third party suppliers; therefore, if we are unable to procure an item you have ordered with us due to a discontinuation of the product, we will cancel and refund you as soon as this is brought to our attention and notify you via the contact email you provided when placing your order with us.
2.7 Further to 2.6 (above), if Activewear Brands needs to place an item you have ordered on a back-order for delivery at a future date (thus leading to part-delivery of your order (see 2.4), a full refund for the cost of the product is available upon request, along with the understanding that this item will be cancelled. Activewear Brands will not be held responsible for any consequential loss caused by non-fulfilment of these products due to extraneous circumstances (supplier stock levels) out of our control. We endeavour to inform our customers of any possible delays with their order, however, if an error has occurred and the customer does not receive notification of any delays, refunds for the products are available upon request along with the understanding that the product will be cancelled from your order.
3. Payment and payment methods on the Website
3.1 We only accept payment for Orders in pounds (£) sterling.
3.2 We accept payment for Orders by PayPal, Amazon Pay, Maestro, MasterCard, Visa, Visa Debit, Solo, Electron and e-vouchers.
3.3 If you choose to pay for your Order using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.
3.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
4.1 All Product prices shown on the Website are inclusive of any applicable UK VAT. A breakdown of the VAT amount is shown at the checkout.
5.1 You must provide us with complete and accurate delivery address information. This includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
5.2 Parcels will be delivered by our nominated courier service, which will depend on the country destination address. For all UK deliveries Activewear’s nominated courier is Hermes.
5.3 Please note that delivery of your Order may take longer during sale or other busy periods. In extreme circumstances this can be up to 21 days (excluding bank holidays) within the UK.
5.4 Unfortunately we have no influence over delivery speed once the order is within your country of delivery.
6. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
6.1 Please note well that, when placing an order for items which we embroider/print or otherwise personalise for you at the time and to the specifications of your order, you do so knowing that Consumers have no automatic right to cancel where the order is for the supply of goods made to the Customer's own specification. The items you order with Activewear which come embroidered/printed or otherwise personalised to your specification at the time of your order, which includes uniform/gifts with logos, printed words and any other personalisation fall within this bracket and as such we reserve the right to assess any and all requests for order cancellation on an individual basis.
If in doubt, please enquire at Design@activeweargroup.com.
Cancellation before despatch or notification of collection
6.2 If you have placed your order online and have received a confirmation email from Activewear Brands you can still cancel your order providing that it has not yet entered the production process. Please use one of the contact methods provided on our website/in the confirmation email and mark any correspondence clearly with 'CANCEL MY ORDER' in the subject title line. Please also include your order number, name, address, postcode, a telephone contact number and details of the products ordered.
6.3 If you wish to cancel your order after it has been passed to the production stage but before it has been despatched and we are unable to prevent your order from being sent to you, you will need to wait until you receive your order and then follow our normal returns procedure. The cost of returning the goods to us will be done entirely at your own expense. In addition, if your item has been ordered from our supplier and we are able to prevent your order from being despatched then a refund can be given less a re-stocking fee of 20%.
Cancellation after despatch or notification of collection
6.4 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being despatched or made available for collection. If your order has already been despatched by our courier you will need to await delivery of your Order before returning it for a refund.
6.5 Please note that together with your right to cancel an order is an obligation upon you the Consumer to return the goods, no longer than 14 days after you inform us of your wish to cancel your order, at your own expense, to us, the Supplier. If you fail to return the goods to us within these 14 days we have a right to charge you the cost of us recovering the goods from you. This does not affect your statutory rights.
7. Returns Policy
7.1 Where you have ordered a product which is too large/small or no longer needed/wanted at time of receipt of delivery, products may be returned no longer than two weeks after receipt of delivery (14 days). Return postage will be borne by you, the consumer, for these items. Items must be in a saleable condition, meaning that they must be unused and in their original packaging with garment tags (where applicable). We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications of the Product having been used, removed, broken or tampered with.
7.2 Where you have been delivered a faulty/incorrect item, you should use one of the contact options on the website/platform from which you ordered as soon as possible. If it is agreed that you have received faulty/incorrect item(s), you will be advised on the next action to take as soon as possible.
7.3 We cannot accept returns of any underwear/lingerie unless faulty due to hygiene, health & safety factors (this does not affect your statutory rights). Please also refer to clause 6.6 for items purchased from the clearance section.
7.4 Due to the nature of custom printed or embroidered apparel, we cannot accept returns or exchanges of any items unless the merchandise is misprinted, materially flawed, or defective. In addition, please note that sizing can vary between manufacturers and styles. If you have any questions about how a garment may fit, or to get expert advice, please email us at firstname.lastname@example.org
We cannot be responsible for the purchase of incorrect sizes and will not be able to accept returns for this reason once the garments are custom printed.
If your items are misprinted, materially flawed, or defective in any way, please contact us at email@example.com within 14 days from receipt of merchandise and we will be happy to arrange for a return, reprint, or credit. Please provide your order number with all correspondence.
7.5 Please note that clauses 6.1, 7.3 and 7.4 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item
7.6 You can return a Product or Order to us by taking the following steps:
a) Please complete the enclosed Returns Form that came with your order including the reason for returning. Please also state the requested action to be followed by The Company, such as exchange/refund. Place the returns form inside the package with your garment(s) - please do not peel the label from its backing and affix it to the garment packaging as this will result in a portion of your refund being withheld. If you do not have the returns form, please include your order number, email address & name, and message us via the contact forms.
b) Once the correct returns form has been completed, please enclose it with your items, sealed securely in a bag/box as required.
c) Address the return to: (Returns) Activewear Brands, 3G/1 Halas Industrial Estate, Forge Lane, Halesowen, B62 8EB. United Kingdom.
d) We recommend sending your return via a Signed For service as we cannot be held responsible for any items that do not reach us without a proof receipt for the recorded or signed for delivery.
7.7 Faulty Items should be reported to us via our contact forms (as listed above). We would typically recommend sending an email with a photograph of the faulty garment, after which we will contact the manufacturer of the item and inform you as to the next action to take as soon as possible.
Where we request that you return an item deemed to be faulty back to us, your return postage charge will be refunded. Postage refunds will only be paid to the equivalent value of Royal Mail 2nd class parcels 'signed for' prices at the time of posting. International return postage rates will be refunded using a similar gauge and excessive postage fees will be reviewed at our discretion.
8. Refunds policy
8.1 Within ten (10) days of us receiving your Order back by post, we will refund you the original purchase price providing that you return the Product(s) to us in a saleable condition. You will receive an email informing you of the completion of your refund immediately after the return has been processed.
8.2 Refunds will be issued back to the payment method (credit/debit card or PayPal) which you used to place your Order. This will appear in your account within five (5) days depending on your card issuer or longer for PayPal, as per PayPal's service level.
8.3 Please note that you will not receive a refund until we have received your returned goods, unless authorised by the Customer Service Manager, who has the authority to decide on a case-by-case basis in exceptional circumstances.
Promotional discounts and refunds
8.4 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product.
9. Activewear Brands Accounts, Personal Information and Security
9.1 When you register for an Activewear Brands Account, you warrant that:
a) the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
9.2 You are fully responsible for maintaining the confidentiality of your Activewear Brands Account and Personal Information, and all activities that occur in relation to your Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
10. Social Media Platforms
10.1 Please choose carefully the material and comments you post on our social media platforms – Facebook, Instagram, Twitter and LinkedIn. You must not misuse the platforms. You will not: send or otherwise post unauthorised commercial communications to other users of these platforms (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the platform to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
10.2 We reserve the right, in our sole discretion, to reject, edit or to remove any material from the platform, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the platform or your website account at any time, for any or no reason, with or without prior notice, and without liability.
11. Compliance with Laws
11.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12. Liability and Indemnity
12.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
12.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
12.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
12.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if Activewear Brands has been advised of the possibility of such damages.
12.5 The Website may also contain links to other websites, which are not operated by Activewear Brands. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.
12.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Account and/or your Personal Information.
12.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
13. Comments and Complaints Procedure
13.1 Please contact us if you have any comments or complaints by using our online contact form. We will always endeavour to resolve any dispute as swiftly as possible.
14.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforce-ability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
14.4 Activewear Brands reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without prior notice.
15. Entire Agreement
15.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Activewear Brands and its subsidiaries. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by Director of Activewear Brands. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.
16. Our details
16.1 Activewear Brands is registered in England and Wales with company number 11384997. Its registered office is Activewear Brands Limited, 37, Bracken Grove, Catshill, Bromsgrove Worcestershire B61 0PB. Its contact details are: email firstname.lastname@example.org
16.2 In the event that Activewear Brands cannot specify the courier or postal carrier we will use to deliver your Order to you, you may contact us should you wish to obtain the details for the specific third party courier or postal carrier that will deliver your Order.
Here at Activewear Brands we respect your privacy and we are committed to processing personal information of our customers in a secure and manner in line with our legal obligations.
This Policy explains how Activewear Brands will use any personal information that we may collect about you when you use our website, applications, webforms, or when you use or are the recipient of our services.
By trading with Activewear Brands, you are accepting and consenting to the practices described in this Privacy Notice.
The information we learn from our customers helps us to personalise and continually improve your experience and our services. We use the information to handle orders, deliver products and services, process payments/ invoices, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, and recommend products and services that might be of interest to you. We may use your information to prevent or detect fraud or because it is required by law or for the purposes of legal proceedings. And to enable third parties to carry out logistical or other functions on our behalf.
17.1 What Information we collect
Our Personal Data Protection Policy governs the use and storage of your data. You can see our Personal Data Protection Policy further down below.
Activewear Brands is a Controller of the personal data you (data subject) provide us. We may collect the following types of personal data from you:
In the operational use and maintenance of our services, Activewear Brands may collect personal information when:
• you use our website,
• you use our services,
• you contact us, or;
• you are a recipient of our services.
This may include information which is recorded on items being delivered to you or if you have:
• completed an online form,
• set up an account or entered information on the Activewear Brands website,
• provided information as part of a webform contact request / enquiry, or;
• contacted Activewear Brands in writing or by phone.
We may collect the following types of information:
• Your name, address, email address, telephone number(s) and other contact details,
• information required to provide you with a service, and the details of the service that you have used,
• details of any enquiry,
• information about items delivered to, or;
• signatory information when signing for receipt of a delivery.
17.2 Why we need it
Activewear Brands collects your personal information in order:
• to provide you with our service(s),
• to process your order and to provide after sales service, and;
• to enhance or improve our services.
Activewear Brands will not sell or provide your data to any third party where you have not provided your consent to do so. All other information is processed in accordance with the Data Protection Act 1998, the General Data Protection Regulation (GDPR) 2018 and other applicable laws.
17.3 How Activewear Brands collects personal information:
• Directly from customers, for example when a customer contacts Activewear Brands regarding a delivery, signs to confirm receipt of a delivery, or makes an enquiry.
• From our retail partners, who provide Activewear Brands with information about the end customer, so that we may fulfil our delivery services.
• When products or services are provided together with a business partner and the information is collected by the business partner in order for Activewear Brands to provide you with the service.
17.4 What we do with it
Your personal data is processed in Activewear Brands locations in the United Kingdom. Hosting and storage of your data takes place within the European Economic Area (EEA).
In operating our services, it may become necessary to transfer the data that we collect from you to third parties and business partners who are located outside of the European Economic Area (EEA). Any such transfer of information will only be in connection with the services that Activewear Brands provides and Activewear Brands will ensure that the information is protected to a level which meets the requirements of UK law.
By providing your data to us you agree to this transfer taking place.
No third party providers have access to your data, unless specifically required by law, where you have consented with us to do so, or in order to fulfil our service to you.
17.5 How long we keep it
Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information or terminate your account with us.
17.6 What are your rights?
You have the right to access to any information that we hold relating to you. Requests must be made in writing and Proof of identification is required to protect your information and to ensure it is not disclosed to unauthorised parties.
Should you believe that any personal data we hold on you is incorrect or incomplete, you have the ability to request to see this information, rectify it or have it deleted.
In the event that you wish to complain about how we have handled your personal data, please contact email@example.com we will then look-into your complaint and work with you to resolve the matter.
If you still feel that your personal data has not been handled appropriately according to the law, you can contact the Information Commissioner's office ICO and file a complaint with them.
18. Website Cookies
- marketing purposes, such as displaying personalised recommendations
- to identify you as you browse our site and to record sales. This enables us to identify issues and improve the customer experience
- to provide site usage information
Please note that some cookies are essential in order to use the Website and disabling them may impair the functionality of the Website. This may result in your being unable to shop on the Website.
At no point do our cookies or those of our third parties store your personal payment information.
- One entry per person, per order. For competitions where you are asked to create a review it is one entry per review. Note: You can only review once per order.
- Winners are chosen at random.
- Winners will be informed by email within 14 days of the closing date and must respond within 7 days to claim their prize.
- Activewear will publicise prize winners’ names using social media. If any winner objects to any publicity, they should let Activewear know by saying so on their winner’s response email.
- Prizes are selected at the discretion of Activewear.
- No returns of prizes are accepted in return for alternative items or value.