Effective date: 2020.01.09
These terms are subject to change without notice
These are the Terms and Conditions (T&C) that governs the use of this web site and online store (also called the service or web site meaning all components, and services associated with the site) and it is the agreement that operates between You, the user, and the Company whose web site you are using. The Terms and Conditions set out the rights and obligations of all users regarding the use of the web site.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Terms and Conditions. The Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by the Terms and Conditions. If You disagree with any part of the Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Company name: Kari Traa – Active Brands North America Inc
Contact address: 100 Technology Drive, Suite 100-B, 80021 Broomfield, Colorado
Telephone number: 720-585-4446
The buyer is the person who places the order.
By placing an order for products through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for products available on the web site, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (1) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (2) the information You supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Availability of products
- Errors in the description or product pricing
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
RETURNS AND REFUNDS
Any Goods you purchase can only be returned in accordance with the Terms and Conditions and our Return Policy.
Our Return Policy forms a part of the Terms and Conditions. Please read our Return Policy to learn more about your right to return and cancel Your Order, either as a whole or parts of an order.
You can return any order within 30 days of receipt. Please follow the instructions on the web site for a product return. Orders returned 30 days after receipt will be rejected.
Your right to return and cancel an order only applies to products that are returned in the same condition as You received them. You should also include all the product instructions, documents, and packaging.
Products that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging, will not be refunded. You should therefore take reasonable care of the purchased products while they are in Your possession.
We will reimburse You no later than 14 days from the day on which we receive the returned products. We will use the same means of payment as You used for the Order, and you will not incur any fees for such reimbursement.
We are constantly updating the product offerings on the web site. Products available on our web site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products on the web site and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an order.
The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your order if such changes occur
All purchased products are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of Your Order.
TAX AND SHIPPING COSTS
Active Brands charges sales tax where required by law. If an order is shipped to a state where Active Brands North America is required to collect sales tax, the sales tax is charged, and the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemised in your shopping cart and on order confirmation email.
DELIVERY AND SHIPPING
You will receive an email confirmation stating that we (the seller) has received your order. We will send an order confirmation when the products are ready to be delivered. It is recommended that you check the order confirmation against the order for quantity, product type, price etc. If there is a discrepancy between the order and the order confirmation, you should contact us as soon as possible.
Delivery and shipping of the order from us (seller) to you (buyer) shall occur in the manner, place and at the time stated in the ordering section of the online shop.
If the delivery time is not stated in the ordering section, the seller shall deliver the products to you (buyer) within reasonable time and no later than 30 days after the order is placed. by the customer. Seller is required to have the order dispatched to the destination in an appropriate way with normal shipping conditions.
The destination is to the buyer unless other, special agreements are made between the parties.
THE RISK FOR THE PRODUCT
Product risk becomes the responsibility of the buyer as soon as the item is taken over by the buyer according to the contract. If at the time of delivery, the buyer neglects to take over a product that is placed at his/her disposal according to the contract, the buyer nonetheless holds the risk of loss or damage due to properties of the product itself.
When you (buyer) receive the order, it is recommended that you, to a reasonable extent, check the shipment to ensure it corresponds with the order, and determine if it has been damaged during transport or if it is defective in any other way.
If the shipment does not correspond with the order or is defective, the buyer must notify Active Brands of this in a claim immediately.
If the product(s) is defective, the buyer must file a claim with the Active Brands North America (seller) within two months.
In case of delay, a claim must be made to the Active Brands North America (seller) within a reasonable amount of time after the communicated delivery date in case the order has not been delivered as communicated.
PERSONAL INFORMATION - PRIVACY
Unless the buyer consents otherwise, the seller may only obtain and save whatever personal data is necessary for the seller to complete his/her duties according to the contract. Personal data of buyers under 15 years of age may not be obtained unless the seller has obtained consent from parents or guardians. The buyer’s personal data shall be given to others only if this is necessary for the seller to fulfil the contract with the buyer, or in cases where this is required by law.
If the seller wishes to use the buyer’s personal data for other purposes, such as sending advertisements or information to the buyer beyond what is necessary to fulfil the contract, the seller must obtain consent from the buyer upon conclusion of the contract. The seller must inform the buyer of how the personal data will be used and who will use it. The buyer’s consent must be voluntary and given actively, e.g. by ticking a box.
It shall be simple for the buyer to contact the seller, for instance by telephone or email, if he/she has questions concerning the seller’s use of personal data or if he/she wishes the seller to delete or change the personal data.
DISPUTE RESOLUTION AND JURISDICTION
The parties shall attempt to resolve any disputes amicably. The buyer agrees to consumer arbitration in the event the seller and buyer are not able to reach agreement regarding a conflict.