TERMS OF SERVICE

OVERVIEW

This website is operated by Ventus Performance Wear the site, the terms “we”, “us” and “our” refer to Ventus Performance Wear. Ventus Performance Wear 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.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents 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 or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - THE CONTRACT

By placing an order via our website (www.ventuswear.com), you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it.

When you place an order at the end of the check-out process we will send you an acknowledgement e-mail confirming receipt of your order. This email is an order acknowledgement and does not mean that we accept your order. We may reject your order for the following reasons:

• the goods are out of stock or unavailable;
• we cannot authorize your payment;
• we reasonably believe that your order contravenes any of our policies, including but not limited to purchase with the intention of illegitimate re-sale
• we are not allowed to sell the goods to you;
• you are not allowed to buy the goods from us; or
• there has been a mistake on the pricing or description of the goods.

A contract between us for the purchase of the goods will be formed when your payment has been approved, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements and the delivery services you have requested from the delivery service provider, and you will not have ownership of the goods until they have been dispatched.

The contract will relate only to those products whose dispatch (by the delivery service provider) we have confirmed in the e-mail confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate e-mail confirmation.

 

SECTION 3 - 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain general information, which necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Product Colors

The information provided on this website is for general information purposes and use only. Every endeavour is made to keep the product information complete and correct, however the customer is responsible for ensuring the product they purchase is suitable for their specific requirements. For personalised service and recommendations, please contact us via email or telephone. Please note any advice given by our staff will be based on the information provided at the time by the customer and therefore Ventus Performance Wear will only be responsible for correct advice per that information, not the actual situation.

Despite every effort to provide accurate images of each product’s colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors. Ventus Performance Wear will not accept responsibility for any colour or design differences that are not factory faults. In purchasing from Ventus Performance Wear, you agree to accept the small risk that there will be a slight variation between the actual colour and design, and the representation on our website. In addition, please be aware that colours and textured finishes often vary between manufacturers; for example slightly different shades of ‘White’, different degrees of shininess, and different looks and feel for ‘bamboo’ material.

 

SECTION 5- MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time 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 6 - PRODUCTS OR SERVICES (if applicable)

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 Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to 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, or that any errors in the Service will be corrected.

 

SECTION 7 - 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. 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 Refund Policy.

 

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 that you are familiar with and approve of 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). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 - 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 third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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

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. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 - PERSONAL INFORMATION

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

 

SECTION 12 – SPECIAL PROMOTIONS

SECTION 12.1 - EMAIL PROMOTIONS

 

12.1.1. Customers are eligible for a 10% discount code on signup to our newsletter for their first order with no minimum spend. The reward is valid for 7 days from original point of issue. Discount codes cannot be used in conjunction with other offers. The unique discount code is not valid on orders containing Archive Sale items.

12.1.2. Customers may be periodically eligible for a free cycling cap when they place an order subject to a €‌99.00 minimum spend. The offer will be published on Ventus website and will be valid for 48 hours from the point of issue. Any rewards will be revoked if a refund is requested on the order for which the reward was offered. Gift with purchase rewards cannot be combined with other discount codes in a single order. Free gifts are one per customer while stocks last. Offer applies to selected lines only.

12.1.3. Free delivery subject to minimum spend.

 

SECTION 13 - CUSTOM KIT SERVICE TERMS & CONDITIONS

CUSTOM KIT CUSTOMER SERVICE: We made it our goal to offer the best possible quality products to everyone. Your garments will be made in the same factory and with the same attention to detail as those of our sponsored teams and athletes.

 

CUSTOM KIT PAYMENT AND SERVICE TERMS: A 50% deposit is required for all custom orders. Deposit may be prepaid with a VISA, MasterCard, or direct deposit. Design and/or production will not begin until deposit has been received. The final balance will become due when your order is ready to be shipped.

All orders will be quoted Ex-works. The customer will be liable for delivery costs as well as for the settlement of any taxes or duties applicable in their local territory.

You may not share or allow others to use the Services in your name. No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.

Once your order has been placed and confirmed, any additions, changes or any other alterations to the order will be accepted solely at the discretion of Ventus Performance Wear, and additional payment will be required if applicable. Client understands the possibility of error in the placing of the order and that Ventus Performance Wear is not responsible for replacement or refund in the case of client error with the order details. All sales are final.

Samples are available for sizing purposes. Samples are sent with a credit card deposit and it is the customer’s responsibility to ensure the samples are returned in good condition. Samples not returned during your order time frame will be presumed purchased and the appropriate cost will be billed to you. Samples returned either used or damaged will be billed to you.

All artwork remains the sole property of Ventus Performance Wear, and we reserves the right to resell all uniform designs.

All custom orders are accepted on a first-come-first-serve-basis. Please place your order early. Your delivery date will depend on when we receive your final order and approval of your proofs has been completed. Delivery is subject to the current production schedule and unless a special date has been agreed upon in writing, delivery may be postponed. Ventus Performance Wear will use all reasonable efforts to meet any agreed delivery date, but it is not liable for any failure to do so.

 

Ventus Performance Wear uses local courier to freight your order. We have no control over the local courier or their ability to deliver in a timely manner. Once your order has left our factory we can no longer control the delivery date and delays may be experienced by the local courier. Ventus Performance Wear is not responsible for lost damaged or delayed orders.

 

CUSTOM KIT LOGO PLACEMENT: The Ventus Performance Wear logo will appear on all custom garments unless otherwise agreed in advance by Ventus Performance Wear.

 

CUSTOM KIT Ventus Performance Wear GUARANTEE: If for any reason you are not happy with your purchase from us, contact us and we can discuss any issues you may have.

Custom Clothing is a complex process; there are a number of steps that you and Ventus Performance Wear need to go through in order to get your Custom Clothing order to you.

Unfortunately, in rare occasions mistakes can be made. If you receive something that you did not approve, have a colour or print problem or a manufacturing issue, contact us immediately. If we have made an error in your order, we will remake or repair your order as soon as possible.

If, however, you have ordered the incorrect items or sizes or approved a design that is incorrect or any other issue not within the control of Ventus Performance Wear we cannot take responsibility for that, however, we will work with you to come up with a solution to help you get on the road as soon as we can.

 

SECTION 14 - 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, product 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 in the Service or on any related website 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 without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 16 - 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. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ventus Performance Wear, 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ventus Performance Wear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 19 - TERMINATION

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

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 20 - ENTIRE AGREEMENT

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.

 

SECTION 21 - GOVERNING LAW

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 Republic of Cyprus.

 

SECTION 22 - CHANGES TO TERMS OF SERVICE

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.

 

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@ventuswear.com