TERMS & CONDITIONS

Last updated: October 28th, 2024

These are the terms and conditions on which we supply our products to you.

Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us.  We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website.  The terms and conditions posted on the website or app at the time you place your order will govern that purchase.

1. WHO WE ARE AND HOW TO CONTACT US

1.1 Who we are. We are Fleks Apparel LLC. – a company incorporated and registered in Montana. Our registered office is at 1001 S. Main St, Ste 49. Kalispell, Montana 59901.

1.2 How to contact us. You can contact us at www.FleksApparel.com/contact, by contacting us at the address above or via the support section on our e-comm app (known as the Fleks Apparel App on the App Store)

1.3 How we may contact you. If we have to contact you, we will send an email to the email address you provided to us in your last order.

2. PLACING AN ORDER

2.1 How you can place an order. Orders may be placed through our website or our app. Once you’ve added the product(s) you’d like to your cart, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information.  Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button or the “pay now” button if you are paying via Apple Pay.

2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your cart.  After you place an order, you will receive an email from us confirming we have received it.  Our official acceptance of your order takes place in the United States when we email you to confirm we’ve dispatched your product(s).  It’s at this point that a contract will come into existence between you and us.  When we acknowledge your order, we’ll also confirm your order number.  If you need to contact us about your order, you should quote this number.

2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorized to use the payment method which you use to pay for the products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.

3. OUR RIGHTS TO CANCEL YOUR ORDER

3.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order(e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.

3.2 Unusual or suspicious activity. We provide our products for your personal use only.  We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose.  If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at gymshark.com/contact and/or via the support section on our app.

3.3 Suspending the supply of products.  We may have to suspend the supply of a product to you to:

3.3.1 deal with technical problems or make minor technical changes;

3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or

3.3.3 make changes to the product as notified by us to you.

4. OUR PRODUCTS

4.1 What we provide. We provide fitness gear, including clothing and accessories.

4.2 Descriptions of our products. The pictures of our products (and packaging) on our website and on our app are for illustrative purposes only. We work to ensure that colors are displayed accurately, but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.

4.3 Gift cards. You can purchase a gift card (in the form of a digital code) from us in the same way as any of our other products, however:

4.3.1 you cannot purchase a gift card using another gift card as payment;

4.3.2 the total daily limit of gift card purchases, per person, is $2,000;

4.3.3 gift cards have no expiry date;

4.3.4 there is no charge to or reduction in the balance over time for inactive gift cards; and

4.3.5 gift cards may only be redeemed on the local online store from which they were purchased (for example, gift cards purchased from FleksApparel.com US store, or from our app with the US as the browsing country can only be redeemed on the FleksApparel.com US store or on our app using the US as the browsing country).

5. DELIVERY

5.1 Delivery destination. For orders placed on our FleksApparel.com website, we ship to the United States.

5.2 The risk of loss for products purchased from us passes to you upon our delivery to the carrier. Title for products purchased from us transfers to you upon payment for the products

5.3 Delivery Costs.  All the information about our delivery charges can be found here:

5.4 When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process.  If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.

5.5 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.

5.6 If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your mailbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.

6. YOUR RIGHTS

6.1 If what you have bought is faulty or differs substantially from how it is described on our website or our app you may have a legal right to get the product replaced or to be given a refund.  In this case, the return will be free in the United States provided you return the product to us within 30 days (unless stated otherwise on our website or our app) from the date you receive it.

6.2 If you want to end the contract because of one of the reasons set out below, the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you.  The reasons are:

6.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

6.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

6.2.3 we have told you that supply of the products may be significantly delayed because of events outside our control;

6.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or

6.2.5 you have a legal right to end the contract because of something we have done wrong.

6.3 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website or our app) from the day you (or someone you nominate) receives the products to change your mind.  If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website or our app) after the day you (or someone you nominate) receives the last delivery to change your mind.  In either case, you will need to pay the cost of the return. Please note that some products can’t be returned, such as:

6.3.1 swimwear, underwear, bottles and shakers due to health, safety and hygiene standards;

6.3.2 any products that have been sealed for health protection or hygiene purposes (e.g. socks) that have been unsealed after you receive them or are not in their original packaging or have had any tags or the hygiene slip removed;

6.3.3 goods that are custom-made or personalized items;

6.3.4 any product which has had the care label cut and/or removed;

6.3.5 any product which is missing any component part(s) when returned by you (unless this is because of something we have done);

6.3.6 any products which become mixed inseparably with other items after their delivery; and

6.3.7 any products marked final sale.

6.4 In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for – just contact us to let us know.

7. RETURNS AND REFUNDS

7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form at FleksApparel.com/contact, through live chat, through the support section or via any of the other options on our website or our app.  Please provide your name, delivery address, order number and email address so we can help you quickly and easily.

7.2 Returning products after ending the contract. If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy.  Visit our Returns Portal at FleksApparel.com/returns or on our app, enter the required information (including details of the product(s) you are returning and the reason(s) for the return) and follow the relevant instructions including (if specified) printing a returns label.  Following this, you should leave the package containing the product(s) you are returning (with the returns label securely attached) at one of the collection points that we identify to you. Unless stated otherwise on our website or our app, please make sure that the products are returned to us within 30 days after you receive it. We reserve the right to refuse returns/exchanges made with or without receipts for any reason.

7.3 How and when we will refund you. We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment. For purchases made by part-card and part-gift card, the refund will be applied to the gift card first.  If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or

8.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.

9. PRICE AND PAYMENT

9.1 Where to find the price for the product. The price of the product before checkout are exclusive of any applicable Sales Tax. The amount of Sales Tax chargeable will be confirmed at checkout based on your delivery address. We take care to ensure that the price of the product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order. Please note that additional terms and conditions will apply if you choose either of these options.

9.2 We may change the price of our products. Sometimes we need to make changes to the price of some of our products.  When this happens, we’ll update the prices on our website and our app. If you placed your order for a product before the price change, the price will be as stated on our website or our app (as applicable) at the time when you placed your order.

9.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and un-mistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

9.4 When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.

10. DISCOUNT CODES

10.1 From time to time we will release discount codes (“Codes”) via email or other marketing channels. These Codes will allow a discount to be applied to a new order at the FleksApparel.com US store. To apply a Code please enter it (and remember to click “apply”) where specified during the check-out process.

10.2 Please note:

10.2.1 Codes are valid for a limited period of time as specified in the relevant email or marketing communication, but they cannot be used outside of that time period.

10.2.2 Save as expressly stated in the relevant email or marketing communication, Codes are only valid on full-priced items and cannot be used on sale, outlet or promotional items, or to purchase gift cards.

10.2.3 Only one Code can be applied per order. Codes cannot be used in conjunction with any other offer and are not available for staff of Fleks Apparel LLC. or any of its group companies.

10.2.4 Codes are territory/store specific, cannot be exchanged for cash and are non-transferable.

10.2.5 Codes cannot be applied towards delivery charges.

10.2.6 Returned items will be refunded at the discounted price paid (the discount applied between the goods proportionately). Where a qualifying spend is noted in relation to use of a Code, if items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. This does not affect your statutory rights. A discount will not be applied to items subsequently replaced.

10.2.7 Orders are subject to stock availability and acceptance by us. We reserve the right to decline to accept orders where, in our reasonable opinion, a Code is invalid for the order being placed or is the subject of improper use or fraudulent activity.

10.2.8 We reserve the right to withdraw, amend or extend offers at any time on reasonable notice.

10.3 Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable only if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

11.2 We are not responsible to you for unforeseeable loss or damage.  This excludes liability for consequential, special, incidental, or indirect damages, including without limitation for any lost profits or lost data, in connection with or arising under the contract, or for the performance of the products, even if we have been advised of the possibility of such damages.

11.3 If we are found to be liable to you for any damage or loss our liability shall not exceed US$100.00.  This limit would apply to any liability which is in any way connected with or arising out of the contract or our products or your use of the website or our app.

11.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations in this Section 10 may not apply to you.

11.5 We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.  You can read it here:

13. OTHER IMPORTANT TERMS

13.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason.  The most up-to-date version of our terms will always be displayed on our website and/or our app so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website or our app.

13.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14. ARBITRATION; WAIVER OF CLASS ACTION CLAIMS

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

14.1 If you live in the United States, you agree that any and all claims, disputes, controversies, actions or proceedings (collectively the “claims”) relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, our app, social media, telephone, catalog, radio, television, mobile device and participating retail stores (collectively the “Sites”), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").

14.2 Before commencing any arbitration, you must give us notice of any claims, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.

14.3 You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org. The arbitration shall be strictly confidential.

14.4 You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: my [email protected]

14.5 You must provide your name, address, email that is associated with your Fleks Apparel account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Sites, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, Fleks Apparel will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.

14.6 If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the Fleks Apparel agree to waive, to the fullest extent allowed by law, any trial by jury.

15 CLASS ACTION WAIVER

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

15.1 You agree that you and Fleks Apparel will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions in connection with any of the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and Fleks Apparel further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with any of the Sites.

15.2 The terms of this provision will also apply to any claims asserted by you against any of Fleks Apparel’s affiliates, to the extent that any such claims arise out of your access to, and/or use of any of the Sites, and/or the provision of content, services, and/or technology on or through any of the Sites.