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Terms & Conditions

1. User Agreement

By using the FixGear.com website (and mobile site) and our social media pages (“Website”), you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and www.FixGear.com (referred to in this Agreement as “we,” “us” or “our”). We may change these terms anytime, and changes will be posted on the Website. You agree to be bound by the changes by continuing to use the Website.

2. User Agreement
  1. To complete an order, you must provide us with personal information, including your name, address, and a valid email address. You must ensure this information is accurate and current.
  2. By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to the receipt of certain
3. Access and use of the Website
  1. You must only use the Website through the interfaces we provide and by these terms and any applicable law.
  2. You must not (or attempt to):
    1. Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
    2. Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
    3. Interfere (or attempt to interfere) with security-related or other features of our site or
    4. Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
  3. We may refer fraudulent, abusive, or illegal activity to the relevant authorities. You are solely responsible for the activity on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for unauthorized activity on your account if you fail to keep your login information safe.
  4. You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
  5. We do not warrant that the Website will be available at all times and without disruption, and we provide no warranties about the content of any other website linked to or from our Website.
4. Information on this Website
  1. You agree to make enquiries to verify the information provided and to assess the suitability of goods or services before you order them.
  2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example, in colour) from how they appear on the Website.
5. Disclaimer and Liability
  1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website, including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the Website or our social media pages;
    2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
    3. personal injury or property damage of any nature resulting from your access to or use of the Website;
    4. any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
    5. any interruption or cessation of transmission to or from the Website;
    6. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party and/or
    7. The quality of any product or service of any linked sites.
  2. Where any law (including federal and state law) provides a guarantee that may not be lawfully excluded, our liability will be limited to that provided by law.
  3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or suppliers have no responsibility for the legality of your actions.
6. Indemnity
  1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Placing Orders
  1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
  2. Promoting goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
  3. Your orders are offers to purchase goods under the terms and conditions in this Agreement at the specified price (including delivery and other charges).
  4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
  5. We may reject your order for any reason, including, but not limited to, circumstances where we believe there may be payment fraud, where we think the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
  6. You must review your order carefully before placing it. Once an order is confirmed, you cannot cancel or change it. If you have any problems with your order, you must go through the normal returns process outlined in this Agreement. Please note that change-of-mind returns are given at our absolute discretion.
  7. If we cancel or are unable to fulfill your order, we will refund the full amount received.
8. Price, Payment and Use of Promotional Discount/Coupon Codes
  1. The prices of goods, delivery and other charges are in local currency.
  2. All payments must be received in full before the dispatch of goods or a voucher is issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
  3. We are unable to accept foreign credit card payments. Only United States-issued credit card payments are accepted at this time.
  4. There is a limit of one promotional discount or coupon code per transaction.
  5. Coupon “stacking” and using multiple coupon codes is not permitted.
  6. We reserve the right to extend, change or cancel a promotional discount or coupon code anytime.
  7. All products are subject to availability while stocks last. The lowest value product will be discounted to half price. No price adjustment will be made for orders before the promotion goes live. FixGear.com reserves the right to withdraw or amend promotional offers at any time. Returns and exchanges are subject to the FixGear.com Returns and Exchange policy.
9. Supply and Delivery of Goods
  1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet the stated delivery timeframes. However, we cannot guarantee that they will be met.
10. Goods Out of Stock
  1. We reserve the right to notify you that the goods you placed orders on have become unavailable for reasons beyond our control. In the event we cannot fulfill your order, you may receive a full refund or store credit (at your election).
11. Change of Mind Returns
    1. strict Customer Return & Exchange Policy and Procedure to ensure that each item is dealt with quickly and professionally. We may, at our sole discretion, allow a return for a refund, provided that the item in question is:
      1. A full-priced, non-outlet item
      2. returned within 30 days of an order from FixGear.com;
      3. not used or worn (with original tags and/or packaging); and
      4. Not damaged in any way.
    2. We will refund you only when we receive the returned product. You are responsible for paying for return postage on your order. Change-of-mind returns are not accepted for underwear due to hygienic reasons. Remedies for defective goods are still available.
    3. Garments purchased from a wholesale account are not eligible for return to FixGear.com. These must be returned to the place of purchase. Garments purchased from unauthorized sellers, including unauthorized Internet sites, do not qualify for return to FixGear.com.
    4. Garments purchased from a FixGear.com Retail Performance Centre must be returned to the place of purchase for a Return or Exchange request.
    5. The giftee cannot return gifts. The gifter must contact FixGear.com with their relevant Order information (Name & Customer Order #)
    6. Online purchases that meet the above specifications with a copy of the original invoice can be returned to these FixGear.com Retail Performance Centre locations.
    7. Refunds will be permitted to the original account used at purchase (the original Credit Card or PayPal Account used).
12. Defective Goods
    1. Goods purchased from FixGear.com or a FixGear.com Retail Performance Center come with guarantees that cannot be excluded under Federal and State Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    2. Any warranty we give you applies in addition to other rights and remedies you may have under the law. Where applicable, you may claim faulty goods by our 12-month Warranty Terms & Conditions, which are available for products purchased directly from FixGear.com or an authorized FixGear.com retail partner.
    3. Your FixGear.com clothing and accessories are supported with a warranty on both manufacture and materials for exactly one year from the date of purchase.
13. Process for Returns and Refunds
    1. When seeking a return on a product, please contact us via the Help Centre or email info@fixgear.com. Once contacted, we will assess whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply. Products purchased from unauthorized sellers, including unauthorized Internet sites, may not be returned to FixGear.com.
    2. Once an item is returned, we will either inspect your goods and investigate any claimed defect or provide a remedy for your goods where we believe it is applicable. Suppose we do not think a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use by manufacturer’s instructions, used it abnormally, or failed to take reasonable care). In that case, we will reject your claim and return your goods to you.
    3. Refunds will be issued using the payment method used for purchase.
    4. We aim to process refunds and replacements within 5 days of receipt of the original product; however, depending on your item and the number of returns in our system, this may take longer.
14. Warranty
    1. FixGear.com Warranty on all products (excluding wetsuits) is 12 months after purchase from FixGear.com or an authorized FixGear.com retail partner. Where allowed by law, the FixGear.com Warranty does not apply to purchases from unauthorized sellers, including unauthorized Internet sites.
    2. Your FixGear.com products are supported with a manufacturer’s warranty that covers seams and logos.
    3. The warranty becomes void if you have not followed the care instructions written on the label.
    4. The warranty is not valid for standard wear and tear.
    5. Your FixGear.com performance swimming wetsuit is supported with a warranty on both manufacture and materials for two years from the date of purchase from FixGear.com or an authorized FixGear.com retail partner. Where allowed by law, the FixGear.com Warranty for wetsuits does not apply to purchases from unauthorized sellers, including unauthorized Internet sites.
    6. FixGear.com Warranty on wetsuits is 24 months from the date of purchase from FixGear.com or an authorized FixGear.com retail partner.
    7. Wetsuit Warranty becomes void if you have not followed the care instructions provided by any of the following means:
      1. You have exposed the suit to chlorine;
      2. You have exposed the suit to extreme heat and direct sunshine;
      3. You have exposed the suit to prolonged bacteria and other harsh abrasive substances, such as Petroleum Jelly (Vaseline, Paw Paw ointment, etc.).
    8. FixGear.com will not repair or replace items with apparent physical stress, such as rips and split seams, or where there is clear evidence of inadequate care or treatment.
    9. We have the right to inspect claimed damages to suits and decide on the outcome and cause of damage.
    10. If we find the suit faulty due to the customer’s fault, FixGear.com will not pay for suit repairs.
15. Social Media and Content
    1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“Content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user-generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
    2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages, you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent legally permissible. We do not accept liability in this regard.
    3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account, and you must not post (or allow) content to be posted through your account that:
      1. You do not have the right to post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;
      6. contains religious or political material;
      7. is indecent, obscene, vulgar, pornographic or offensive;
      8. infringes any copyright, trademark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorized advertising or promotional material;
      10. contains or links to viruses, malware, spyware or similar software; or
      11. Impersonates any person or misrepresents your relationship with any person.
    4. In our absolute discretion, we reserve the right to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed, or deleted it from public display.
16. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to FixGear.com, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to copyright in material and/or services we provide or authored. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
      1. Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
      2. Decompile, disassemble, reverse engineer, or otherwise attempt to discover or access any source code related to the Website.
    4. Suppose you correspond or otherwise communicate with us. In that case, you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works to publish and promote such content. This may include but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
17. General
    1. We will not be liable for any delay in performing our obligations under this Agreement if circumstances beyond our reasonable control cause such delay.
    2. This Agreement will be governed by and interpreted by all applicable laws.
    3. Suppose any part of this Agreement is void, unlawful or unenforceable. In that case, that part will be deemed severable from the balance of this Agreement, and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
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