Terms and Conditions
The terms and conditions apply to the use of the activeaspire.com website. By placing an order with us, you are agreeing to accept these terms and conditions (Conditions).
Please note, these Conditions are subject to change at any time and without notice, and it is your responsibility to check these Conditions regularly before ordering products in case there are any changes. If you do not agree with the Conditions set out below, you should not use or access this website. Your use of our website constitutes your agreement to follow and be bound by these Conditions.
If you have any queries relating to the Conditions, please contact the customer care team before placing an order.
This website is operated by Active Aspire. Throughout the site, the terms “we”, “us” and “our” refer to Active Aspire. Active Aspire offers 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.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
When placing an order, you agree that any and all information given is accurate and complete.
All orders are subject to acceptance by us and product availability.
For business purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to business requirements, however, orders may be shipped over several days in multiple packages.
Merchandise available for sale changes on a frequent basis. We reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently, or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. If you cannot find an item you saw on a previous visit, please notify our customer care team, and we will let you know whether we can find the item for you. If activeaspire.com does not have stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be shipped.
We take great care to ensure that all information about our products, including prices, set forth on activeaspire.com is up-to-date, accurate and reliable. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, colour or other matters, or an item that is no longer in stock. We do not warrant that the information accessible via this website is accurate, complete or current. Any errors are unintentional and we apologize if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order. We reserve the right to change prices of any product at any time.
The prices displayed on this website are quoted in British currency and are valid only in the United Kingdom. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.
No contract for the sale of any product will exist between you and activeaspire.com until we accept your order by shipping the product to you. The price of any item is not guaranteed until the item has been shipped to you. When this happens, we will confirm our acceptance of your order by sending you an email. If the price of a product you have ordered should change prior to shipment, you will be notified by email that your order has not been accepted by us and will not ship. You may re-order the item at the adjusted price if you wish.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost and usual delivery times. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.
activeaspire.com accept most major credit/debit cards including: VISA and Mastercard. We also accept payment via PayPal.
All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We will not debit your card until your items are ready for dispatch. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately.
Gift vouchers can be redeemed online as a method of payment at the checkout. You will need to enter the gift voucher number when prompted during the checkout. Please note no change will be given when using a gift voucher with a value higher than the order value. Gift vouchers expire after 12 months from issue.
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your Sweaty Betty log in details, please contact our customer care team immediately.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on activeaspire.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken great care to provide accurate product images for each product for sale on the site. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, will affect the colours you actually see on the screen. We are not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any colour, texture or detail of merchandise will be accurate. If you are not satisfied with your purchase for any reason, you may simply return the product following the provisions set out in these Conditions.
The products sold on activeaspire.com.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from activeaspire.com.
We have taken great care to prevent internet fraud and to ensure that any data collected from you is stored securely and safely. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
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 other harmful material or represents the full functionality, accuracy, or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. If your use of the website or the site’s material results in any costs or expenses, including without limitation, the need for services or replacement of equipment or data, we shall not be liable for those costs or expenses.
This website and its material are provided on as “as is” basis without warranties of any kind. To the fullest extent provided by law, we disclaim warranties, whether express or implied, including those of merchantability, non-infringement of third parties’ rights, and of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the site’s material, services, software, test, graphics and links. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an order or return or exchange a product as provided herein.
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 Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
This site is expressly owned and operated by Active Aspire. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by Active Aspire. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
We try to respond promptly to email messages from customers and visitors to our site.
However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.
You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.
We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Sweaty Betty products are those stated on the Sweaty Betty material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.
These Conditions are effective unless and until terminated by either party. If, in our sole discretion, we determine that you have failed to abide by any of these Condition, we may terminate your access to our website, upon which termination, you must destroy all materials downloaded or obtained from the site and copies of those materials, whether made under the terms of these Conditions or otherwise.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida US 33165.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.