Terms & Conditions

Feisty Activewear Limited
Terms & Conditions of Sale and Website Use

www.befeisty.com

Operated by Feisty Activewear Limited
Registered in England and Wales
Registered office: 86–90 Paul Street, London, EC2A 4NE
Contact: hello@befeisty.com

Contents

SECTION 0 – OVERVIEW

www.befeisty.com is a site operated by Feisty Activewear Limited (“Feisty”, “we”, “us”, or “our”). We are registered in England and Wales. Our registered office is 86–90 Paul Street, London, EC2A 4NE. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (the “Terms”).

By visiting our site and/or purchasing something from us, you engage in our services (the “Service”) and agree to be bound by these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, you must not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be subject to these Terms. We may update or change these Terms by posting an updated version on this page. It is your responsibility to check this page periodically for changes. Your continued use of the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e‑commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your country or province/state of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

Headings are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Information on this site is provided for general information only. We are not responsible if it is not accurate, complete, or current. Any reliance on material on this site is at your own risk.

This site may contain certain historical information which is provided for reference only. We may modify the contents of this site at any time, but have no obligation to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction on a case‑by‑case basis. We may limit quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same account, credit card, and/or with the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and promptly update your account and other information so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third‑party tools over which we neither monitor nor have any control or input. Access is provided on an “as is” and “as available” basis without any warranties. We shall have no liability arising from or relating to your use of optional third‑party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure you approve the terms on which tools are provided by the relevant third‑party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources), which shall also be subject to these Terms.

SECTION 8 – THIRD‑PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third‑party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not be liable for any third‑party materials or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any third‑party websites. Please review the third party’s policies and practices and make sure you understand them before you engage in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send submissions (e.g., contest entries) or, without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; and will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any applicable laws or regulations; to infringe upon or violate intellectual property rights; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent security features of the Service or any related website.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error‑free. You expressly agree that your use of the Service is at your sole risk.

Except as expressly stated by us, the Service and all products and services delivered to you through the Service are provided “as is” and “as available” without any representation, warranties, or conditions of any kind, whether express or implied.

In no case shall Feisty Activewear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Feisty Activewear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to termination shall survive termination for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW AND JURISDICTION

These Terms and any non‑contractual obligations arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland you may bring proceedings in your local courts.

SECTION 19 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 – UK CONSUMER RIGHTS

Nothing in these Terms affects your statutory rights. If you are a consumer, you may have rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including a legal right to cancel certain online purchases within 14 days. Please see our Returns Policy for details on how to exercise cancellation rights and return items.

SECTION 21 – ORDERING, DELIVERY, RISK AND TITLE

Your order constitutes an offer to purchase products from us. We will confirm acceptance by sending an order confirmation email, at which point a contract is formed. Delivery times are estimates only. Risk in the products passes to you on delivery. Title passes once we receive full payment.

SECTION 22 – PRICING, VAT AND PROMOTIONS

All prices include VAT where applicable unless otherwise stated. We take reasonable care to ensure prices are correct but may cancel orders where pricing errors are discovered. Promotional codes and offers are subject to separate terms and may be withdrawn at any time.

SECTION 23 – GIFT CARDS AND STORE CREDIT

If offered, gift cards and store credit are non‑refundable and cannot be exchanged for cash, except where required by law. Please check any specific terms provided at the time of issue.

SECTION 24 – FORCE MAJEURE

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including without limitation acts of God, extreme weather, flood, fire, explosion, war, terrorism, labour disputes, epidemics, or failures of suppliers or transport.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms should be sent to hello@befeisty.com.