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Terms & Conditions

TERMS AND CONDITIONS

By using sweatwithsoul.com, you expressly agree to abide by the Terms and Conditions shown below, as well as the Privacy Policy contained on sweatwithsoul.com and fully incorporated as though set forth herein. The following terms and conditions of sale, between sweatwithsoul.com and you subject to correction of any typographical or clerical errors, constitute a binding contract (the "contract").

We want you to shop with confidence! We hope you are happy with everything you purchase from us. However, for nonconforming goods we’ll refund or exchange your purchase subject to our terms and conditions:

  1. Price and Terms of Payment. Prices for all sweatwithsoul.com products ordered, sold, or shipped hereunder ("products") will be as specified by sweatwithsoul.com as of the order date. Prices do not include any taxes. You agree to pay all taxes. All payments shall be made in U.S. Dollars. Sweatwithsoul.com shall require full payment prior to shipment.
  2. Delivery. Any promised delivery date is only the best estimate of when the products will be shipped, and is not the essence of this contract. If no delivery dates are specified, delivery shall be within a reasonable time. Sweatwithsoul.com assumes no liability for loss, damage, or consequential damage of any delay caused by forces of nature. Sweatwithsoul.com assumes no responsibility for delay, damage, breakage or destruction after delivery has been made to the carrier. All claims for delay, damage, or destruction should be made directly by you to the carrier. Risk of loss or damage to the products shall pass to you, and sweatwithsoul.com's responsibility for loss or damage shall cease immediately upon delivery of the products in good order to the carrier.
  3. Return Policy. Sweat With Soul wants you to buy with confidence and we hope you are happy with everything you buy from us. However, if you are not completely satisfied with your purchase we will refund your purchase subject to our terms and conditions. If you wish to return the item(s), the following terms and conditions apply:

(a) Returns of any items that have been worn, washed or damaged by the customer will not be honored with a refund or replacement garment.

(b) Sale items are final and are not available for a refund.

(c) All goods must be returned in their original condition and in their original packaging.

(d) If you have an item you'd like to return, it must be within 14 days of purchase. You can either contact customer service by phone (818) 347-8906 or email (support@sweatwithsoul.com) and provide details of why you’re returning (damaged, wrong size, etc), and request a RA Number (Return Authorization Number).

(e) Once you have received a RA Number you may then send your return to:

                        Sweat With Soul

                        Attn: Returns

                         9601 Owensmouth Avenue, Ste. #19

                        Chatsworth, CA 91311

(f) Sweat With Soul will not reimburse for any shipping incurred charges. Sweat With Soul recommends that you send by registered post & retain proof of posting, as we cannot accept responsibility for goods lost in transit. Refunds are processed on the following Monday after receiving the goods, please allow approximately one week for the items to be checked.

  1. Sweatwithsoul.com recommends that you send by registered post and retain proof of posting, as we cannot accept responsibility for goods lost in transit.
  2. Refunds or exchanges are processed on the following Monday after receiving the goods, please allow approximately one week for the items to be checked.
  3. No Warranties.The products are sold AS IS, with no warranty that sweatwithsoul.com has valid title to the products, or that the products will be free from defects in material and workmanship. SWEATwithsoul.com HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sweatwithsoul.com MAKES NO WARRANTY THAT THE PRODUCTS SHALL BE DELIVERED FREE FROM ANY CLAIM OF ANY THIRD PARTY BY WAY OF INFRINGEMENT. You hereby acknowledge and agree that you have purchased the products AS IS, with no express or implied warranties whatsoever. All drawings, descriptive matter, specifications and advertising issued by sweatwithsoul.com and any descriptions or illustrations contained in sweatwithsoul.com’s catalogues, brochures or other materials are issued or published for the sole purpose of giving an approximate idea of the products described in them and will not form a part of this contract.
  4. Limitation of Liability, Indemnification.

(a) Sweatwithsoul.com’s liability on any claim of any kind relating to this contract, or the manufacture, sale, delivery, or use of the products, shall in no event exceed the price applicable to the products which give rise to any such claim. In no event shall sweatwithsoul.com be liable for any special, consequential or incidental damages of any nature.

(b) Sweatwithsoul.com shall not be liable for any loss, damage, defect or delay resulting from acts of God including, but not limited to, fire, strike, civil or military authority, breakdown of systems or network access, floods, explosions, inclement weather, accidents or delays in transportation, insurrection or riot, applicable governmental laws, regulations or restrictions, or from any inability or delay beyond sweatwithsoul.com’s control to obtain necessary labor, materials, components or manufacturing facilities, in which case, automatically and without notice, sweatwithsoul.com shall be relieved from any and all of its obligations hereunder. Delivery of any order by sweatwithsoul.com to you shall constitute a waiver of all claims for delay. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit sweatwithsoul.com’s liability to you for any death or personal injury resulting from sweatwithsoul.com’s negligence.

(c) By your use of this sweatwithsoul.com, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of sweatwithsoul.com. You further acknowledge that sweatwithsoul.com shall not be liable for any damages of any kind related to your use of sweatwithsoul.com. We make no representations or warranties of any kind, express or implied, with respect to sweatwithsoul.com, its content, and the information and services available on or through it, are provided "as is" with any and all faults. Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of sweatwithsoul.com. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information; this applies even if we are notified in advance of the potential for any such damages.

(d) You agree to indemnify, defend and hold harmless sweatwithsoul.com and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents and representatives, from and against any and all claims, causes of action, demands or charges, including without limitation attorneys’ fees, related to the manufacture, sale, delivery, resale or use of the products, or sweatwithsoul.com's performance hereunder.

  1. Trademarks. You acknowledge and agree that you have no right to use any sweatwithsoul.com's trademarks or logos, including the world-renowned sweatwithsoul.com's trademark(s), without the prior express written consent of sweatwithsoul.com. You represent and warrant that all advertisements featuring sweatwithsoul.com's trademarks or logos, or making reference to sweatwithsoul.com or its products, will be subject to sweatwithsoul.com’s prior express written approval. You agree to make all changes requested by sweatwithsoul.com, or in the alternative will not run any advertisement that has not been pre-approved, in writing, by sweatwithsoul.com.
  1. Copyright. All content of sweatwithsoul.com, and sweatwithsoul.com itself, are protected by copyright laws, trademarks and/or intellectual property rights. All content is the property of sweatwithsoul.com. Such content includes, but is not limited to, photographs, images, text, graphics, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress and all other content contained in sweatwithsoul.com, as well as the software used to design and develop sweatwithsoul.com. All rights are reserved, worldwide.
  1. General.

(a) The existence, validity, construction and effect of this contract shall be determined in accordance with the laws of the state of California, without regard to conflicts of law principles. Buyer hereby submits to the personal jurisdiction of all of the federal and state courts in the state of California and waives any and all defenses that buyer might otherwise have to such jurisdiction, or the validity or enforceability of the entire contract in other jurisdictions.

(b) Any failure at any time by sweatwithsoul.com to enforce any provision of this contract shall not constitute a waiver of such provision, or prejudice NTI's right to enforce such provision at any subsequent time.

(c) You hereby acknowledge that buyer has not relied on any representation other than the terms and conditions herein to induce buyer to enter into this contract.

(d) All notices hereunder shall be in writing, and shall be deemed delivered upon receipt by hand delivery, fax transmission, overnight courier or first class registered or certified mail, postage prepaid, to the other party at the address listed herein, or such other address pursuant to written notice by either party.

  1. e) If sweatwithsoul.com or you institute legal action with respect to any provision of this contract, the prevailing party shall be entitled to reimbursement of all costs and expenses, including attorneys’ fees, incurred in the legal action. Without limiting the generality of the foregoing, if sweatwithsoul.com institutes collection procedures, you agree to pay all costs of collection, including but not limited to collection fees, attorneys’ fees, and court costs, whether or not a legal action has been commenced.

(f) This contract constitutes the entire agreement of the parties with regard to the subject matter hereof, and supersedes all prior agreements and negotiations. This contract can be modified or waived only in writing, signed by buyer and a duly authorized officer of sweatwithsoul.com. No agent, employee or representative of sweatwithsoul.com shall have any authority to bind sweatwithsoul.com or waive or modify any of the provisions of this contract, it being expressly understood that nothing said by any sales person on behalf of sweatwithsoul.com should be understood as a variation of the contract or as an authorized representation about the nature or quality of the products. Save for fraud or fraudulent misrepresentation, sweatwithsoul.com shall have no liability for any such representation being untrue or misleading. If any term or condition of this contract (or part thereof) is unenforceable (including any provision in which sweatwithsoul.com excludes its liability to you), the enforceability of the remaining terms and conditions (or remaining part thereof) shall not be affected.

  1. No Confidentiality 

Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and shall be the property of sweatwithsoul.com, including worldwide rights in all intellectual properties.

  1. Errors and Inaccuracies

We strive to provide complete, accurate and up-to-date information on sweatwithsoul.com. Unfortunately, we are not able to ensure that sweatwithsoul.com is completely free of human or technological errors. Sweatwithsoul.com may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice. 

© sweatwithsoul.com 2018

 

PRIVACY POLICY

By using sweatwithsoul.com, you expressly agree to the Privacy Policy shown below, as well as the Terms and Conditions contained on sweatwithsoul.com and fully incorporated as though set forth herein.

Sweatwithsoul.com collects information (such as your name, shipping and billing address, credit card number, email address, etc.) from you that we reserve the right to use in order to:

  • process your order
  • provide you with company support
  • send you newsletters and special sweatwithsoul.com offers
  • set and access cookies on your computer to allow you to purchase on our site.

If after you opt-in and then you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at admin@sweatwithsoul.com.

Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

Cookies. To make sweatwithsoul.com work properly, we sometimes place small data files called cookies on your device.  Most big websites do this. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site.  It enables the website to remember your actions and preferences (such as login, language, font size, and other display preferences) over a period of time, so that you don't have to keep re-entering them whenever you come back to the site or browser from one page to another.

Third Party Services. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Sweatwithsoul.com may share information collected by us with third parties to help process your order.

Sweatwithsoul.com will not share or sell your personal information (e.g. your email address, your credit card information, your name, your address, etc.) to any third party for their independent use or benefit.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

To ask questions about this policy or to remove your personal information from our database, please feel free to write us at admin@sweatwithsoul.com

Any use or access by anyone under the age of 13 is prohibited. By using sweatwithsoul, you represent that you are at least the age of majority in your state or province of residence, or you have given us your consent to allow any of your minor dependents to use this site.

Disclosure. We may disclose your personal information if we are required by law to do so, if you violate our Terms & Conditions, or for the purpose of fraud detection and prevention.

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