Terms of Sales

 

1. The Seller

The current website is accessible via internet https://NeverSurrenderWear.com 

The customer service can be contacted using our contact form from our website on “Contact us” page.

2. General Provisions Relating to the General Terms and Conditions of Sale, Hereinafter Referred to as “GTC”.

2.1 Purpose of the GTC:

The GTC are applicable to the online sale of products by Neversurrenderwear.com Ltd. on its merchant websites: https://neversurrenderwear.com. They are written in English; in case of any doubt regarding the interpretation of a translation, only the original English version shall prevail. They constitute, along with the order form validated by the consumer, the contractual documents binding the parties.

2.2 Scope of the GTC:

The GTC exclusively govern online sales contracts for products by Neversurrenderwear.com Ltd. (hereinafter referred to as “the seller”) to buyers who qualify as consumers (hereinafter referred to as “the consumers”). They constitute, along with the order confirmation email, the only contractual documents.

2.3 Availability and Enforceability of the GTC:

The GTC are made available to consumers on the Never Surrender Wear website. The consumer acknowledges having accepted the entirety of the GTC without reservation when placing an order. The validation of the order by its confirmation signifies the buyer’s adherence to the GTC in effect on the day of the order. The seller ensures the preservation and reproduction of the GTC.

2.4 Modification of the GTC:

The seller reserves the right to modify the GTC at any time, wholly or partially, without notice and without compensation to the consumer. In case of modification, the GTC applicable are those in effect on the day of the order. A copy can be provided upon request by the seller.

2.5 Severability Clause:

The potential nullity of any clause of the GTC does not entail the nullity of the GTC as a whole. Only the clause deemed unenforceable loses its effect. The inapplicability of one or more provisions of the GTC by the seller does not constitute a waiver of the other clauses of the GTC, which remain in force.

3. Products characteristics

The consumer can obtain additional information about a product by requesting it from the seller’s customer service using our “Contact us’ page. Each product offered for sale on Never Surrender Wear has a description mentioning its essential characteristics. The consumer who orders a product without additional information accepts it as is. Variations may exist, particularly regarding color, apparent material, finishes, and different markings. The consumer cannot claim a minor modification to request a refund or exchange. Product information is provided subject to typographical errors.

4. Prices

4.1 Sale Prices:

Sale prices are indicated for products on Never Surrender Wear, in USD, exclusive of all state taxes, excluding delivery or transport costs. Additional costs are mentioned before order confirmation and billed extra. The total amount due by the consumer is indicated on the order confirmation page.

4.2 Modification:

The seller reserves the right to change prices at any time without notice, either upward or downward. In case of a price change after an order is placed, the applicable sale price is the one in effect on the order date.

4.3 Currencies:

If an order is placed on Never Surrender Wear and you paid in a currency other than that for which your payment card is issued, then please be aware that the provider of your payment card may apply an exchange rate conversion to the amount of your refund. Also, please be aware that currency conversion rates may fluctuate over time.

5. Offer

Worldwide delivery is available, additional fees may apply. To obtain an international delivery quote, please contact us through the ‘Contact Us’ page on our website. Acceptance of the offer by the consumer is made after confirming the order summary and proceeding to secure payment.

6. Order

6.1 Online Sales Contract Conclusion:

When placing an order, the consumer fills their cart on Never Surrender Wear, selects the desired products, and proceeds to checkout. A summary page allows verification and modification before final confirmation and payment. Successful payment signifies full acceptance of the GTC and forms the contract between the seller and the consumer. A confirmation email is sent to the consumer.

6.2 Order Validation:

The seller reserves the right to refuse any order for legitimate reasons, such as an unusually high quantity. The seller also reserves the right to refuse orders from consumers with unresolved disputes. In case of refusal, the consumer will be fully refunded within 30 days.

6.3 Product Unavailability:

If a product is unavailable after ordering, the seller informs the consumer and offers a product of equivalent quality and price. The consumer can request a refund or a credit for future use.

7. Contract

7.1 Conclusion:

The sales contract is formed when the consumer confirms the order with successful payment.

7.2 Resolution:

The contract can be terminated by the seller for reasons including refusal to accept delivery, incomplete information provided, or non-payment. Any deposit remains with the seller as compensation.

8. Withdrawal

From the receipt of products, the consumer has a right of withdrawal of 14 days without justification. Return costs are the consumer’s responsibility. The same payment method used for the initial transaction will be used for the refund. The consumer must inform customer service and return products in original condition within 14 days at the address specified by the customer service. The consumer bears the risk of product return and is advised to use registered shipping with insurance.

9. Payment

Payment is due in full upon order confirmation. It is processed on a secure platform, with no access to consumer banking information by the seller. Payment methods include major credit cards issued within the USA. The consumer guarantees the validity of the payment card.

10. Delivery

The seller commits to handing over products to the carrier within 10 business days after payment receipt, extendable during peak periods. Delivery delays do not entitle the consumer to compensation if caused by the consumer, a third party, or force majeure. Products are delivered to the address specified by the consumer. Any issues must be noted upon delivery and reported within 3 days.

11. Warranties

The seller commits to refunding or exchanging defective products. Claims must be made on our website on “Contact us” page. Product variations may exist, particularly regarding color, apparent material, finishes, and different markings, it cannot constitute a warranty claim.

12. Liability

12.1 Transfer of Ownership and Risks:

Ownership transfers to the consumer upon full payment, while risks transfer upon delivery.

12.2 Liability Exemption:

The seller’s liability is limited under no circumstance to any party for indirect, incidental, special, consequential, and/or punitive damages pertaining to a sale of merchandise, including cases of consumer fault, third-party actions, or force majeure. Proof of delivery to the carrier suffices for the seller to fulfill their obligations.

13. Intellectual Property

All elements on the seller’s website are protected by intellectual property rights. Unauthorized reproduction or distribution is prohibited and subject to legal action.

14. User conduct

We want to keep our website safe and enjoyable for everyone. You agree that, while using our Never Surrender Wear, you shall not mail or email the seller any material or take any action that is or is likely to be harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene or vulgar, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

14. Dispute Resolution, Mandatory Prior Conciliation Clause

Claims should be addressed to customer service. In case of a dispute, the consumer and seller agree to attempt conciliation before resorting to legal action.

15. Territorial Jurisdiction

Disputes will be resolved in the competent court selected by the Seller.

16. Applicable Law

Parties agree to mediate disputes and resort to litigation only if mediation fails.