TERMS & CONDITIONS
- Welcome to the Onlineactivewear.com website terms and conditions. Please read through them carefully before placing your order, because accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement.
Onlineactivewear.com reserves the right to change this Site and these terms and conditions at any time. We reserve the right to change these service terms at any time. Customer agrees the product or website information can change at any time even at the time of purchase.
- CREATING ACCOUNTS
- When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. Online Active Wear does not hold responsibility if a customer’s account was jeopardized due to loss or hacked account. If you discover or suspect any service security breaches, you must notify Online Active Wear immediately as we are not responsible to monitoring your account and any order made are not the loss of our company. You represent and warrant to us that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Our company is not responsible for incorrect information entered in our system including but not limited to addressees and names for shipping. Should any information not provided (i.e. missing unit or apartment number) and package is returned, buyer must pay for shipping and handling charges again for redelivery as Online Active Wear is not responsible for reshipping the package. Online Active Wear reserves the right to deny any account at our discretion.
- PURCHASING ITEMS
When you select an item to purchase, it will appear in your online shopping cart. Once you have placed all items you would like to purchase in your Online Active Wear shopping cart, and are ready to checkout, the applicable taxes and any shipping charges will be calculated. Customers will see the total amount due and owing to be paid by you before checkout. All payments must be made in U.S. dollars by credit or debit account via Online Active Wear’s authorized payment processor. Online Active Wear’s authorized payment processor will charge the credit or debit account provided by you to the Service for the total amount displayed in your shopping cart.
You hereby authorize Online Active Wear’s or its authorized payment processor to charge the credit or debit card account provided by you for the total amount displayed in your shopping cart, and you represent and warrant that you are at least 18 years old and/or are authorized to use the credit card and have fees charged to the credit or debit card account provided to Online Active Wear’s at the moment of purchase (immediate charge).
Online Active Wear accepts refunds of purchased apparel that is still in its original condition (unworn with labels attached) within 30 calendar days of arrival for a full refund or exchange. Buyer pays the cost for all shipping charges and none will be reimbursed. All items purchased from Online Active Wear on clearance, during a promotional sale or with a promotional code are eligible for returns for Online Active Wear store credit only. For more information on our refund policy, which is hereby incorporated into these Terms, plea, customer pays for returning shipping on sale items and will not be reimbursed. Visit our Returns & Exchanges page for more information.
- RIGHT TO USE THE SERVICE
On the condition that you fully comply with these Terms, Online Active Wear grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Any suggestions, comments or other feedback you give us about the Service will constitute our information and property. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit online or in person through physical promotion, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise. You do not have to be a customer to provide feedback.
- LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ONLINE ACTIVE WEAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING THE SITE AND ANY REVIEWS) AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ONLINE ACTIVE WEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF ONLINE ACTIVE WEAR AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $200.
- GOVERNING LAW; ARBITRATION
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions You agree any jurisdiction would take place in Los Angeles County Court and no other jurisdiction.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Online Active Wear agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved in Los Angeles County Court.
If you have any questions about these Terms, please email us or send a letter to:
Online Active Wear
14724 Ventura Blvd
Sherman Oaks, CA 91403