Terms of service
Overview
This website is operated by Apex Pro Gear. Throughout the site, the terms “we”, “us” and “our” refer to Apex Pro Gear.
Apex Pro Gear offers this website, including all information, products, tools and services available from this site, to you, the customer or website user, subject to your acceptance of these Terms of Service and the policies referenced on this website.
By visiting our website, placing an order, submitting an enquiry, approving a design, or purchasing from us, you agree to be bound by these Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy, Cookie Policy and any other terms made available to you before purchase.
Please read these Terms carefully before using our website or placing an order. If you do not agree to these Terms, you should not use our website or purchase products from us.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.
1. Online Store Terms
By using this website or placing an order, you confirm that you are legally able to enter into a contract with us.
You must not use our website, products or services for any illegal, fraudulent, abusive or unauthorised purpose. You must not transmit viruses, malware or any other harmful code.
We reserve the right to refuse, cancel or limit orders where we reasonably believe an order is fraudulent, abusive, unlawful, incorrectly priced, placed in error, or otherwise in breach of these Terms.
2. Products, Orders and Availability
We sell custom clothing, teamwear, event merchandise, jerseys, T-shirts and related products. Products may be offered as In Stock, Pre Order, Special Order, Made to Order, custom, personalised or limited edition items.
Please read each product description carefully before placing an order. Product pages may include important information about sizing, availability, production lead times, delivery estimates, event collection options, customisation and returns.
All orders are subject to acceptance by us. An order confirmation email confirms that we have received your order, but it does not necessarily mean that we have accepted or fulfilled the order. We may contact you if there is an issue with availability, pricing, design details, delivery or fulfilment.
We may limit quantities, refuse orders, cancel orders or discontinue products where reasonably necessary.
3. Pre Order, Special Order and Made to Order Products
Many Apex Pro Gear products are produced through specialist manufacturing, batch production or international supply chains.
Pre Order products are items that are planned for production, currently in production, or due to arrive from our manufacturing partners.
Special Order products are items ordered specially from a supplier or manufacturing partner for a customer or group of customers.
Made to Order and custom products are items produced, personalised, printed, manufactured or otherwise prepared specifically for the customer.
Estimated production and delivery timeframes are stated on the relevant product page or in our Shipping Policy. These timeframes are estimates unless expressly stated otherwise.
For custom, personalised or made-to-specification items, cancellations, changes, returns or refunds for change of mind may not be possible once design work, ordering, printing, production or manufacturing has begun. This does not affect your statutory rights if an item is faulty, damaged, incorrect or not as described.
4. Custom Designs, Artwork and Customer-Supplied Materials
Where you ask us to create or manufacture custom teamwear, you are responsible for ensuring that any names, numbers, logos, badges, sponsor marks, artwork, images, text or other materials supplied to us are accurate and that you have the right to use them.
By providing artwork or design materials to us, you confirm that their use will not infringe any third-party rights, including copyright, trade marks, design rights or rights of privacy.
We may refuse to use artwork or wording that we reasonably consider to be unlawful, offensive, misleading, defamatory, discriminatory, infringing, or unsuitable for production.
Where we provide proofs, mockups or design visuals, you are responsible for checking all details carefully before approval, including spelling, names, numbers, colours, sizing, positioning, logos and quantities.
Once a design has been approved and production has begun, changes may not be possible or may incur additional costs.
5. Product Images, Colours and Sizing
We make reasonable efforts to display product images, colours, designs and descriptions accurately. However, actual colours may vary depending on screen settings, lighting, fabric, print method and manufacturing tolerances.
Sizing information is provided as a guide. Customers are responsible for checking size charts before ordering. For teamwear, group or custom orders, we recommend checking sizing carefully before confirming final quantities.
Minor variations in colour, positioning, finish, sizing tolerance or manufacturing detail may occur and do not necessarily mean that a product is faulty.
6. Prices, Payment and Taxes
Prices are shown on the website in the currency displayed at checkout. Prices may change without notice.
We reserve the right to correct pricing errors, product description errors, promotional errors or availability errors. If an order is affected by an error, we may contact you to confirm whether you wish to proceed at the correct price or cancel the order.
Payment must be made using the payment methods available at checkout. Orders may not be processed until payment has been received or authorised.
Any applicable taxes, duties, customs charges or import fees will be handled as stated at checkout or in the relevant product/shipping information.
7. Shipping, Delivery and Event Collection
Shipping, delivery estimates and event collection options are set out in our Shipping Policy and on relevant product pages.
Delivery and production timeframes are estimates unless expressly stated otherwise. Delays may occur due to manufacturing schedules, supplier delays, international shipping, customs clearance, courier disruption, severe weather, strikes, public health events, war, conflict, border disruption or other events outside our reasonable control.
Where event collection is offered, customers must collect their order from the stated event collection point and may be asked to show their order confirmation. Orders selected for event collection will not be posted unless separate delivery arrangements are made, and additional postage charges may apply.
8. Returns, Refunds and Cancellations
Returns, refunds and cancellations are governed by our Refund Policy.
Nothing in these Terms affects your statutory rights. If an item is faulty, damaged, incorrect, not as described or does not meet the standards required by law, please contact us so that we can review the issue and provide an appropriate resolution.
For eligible non-custom online purchases, customers may have cancellation rights under UK consumer law. Custom, personalised, made-to-order or made-to-specification products may be excluded from change-of-mind cancellation rights where permitted by law.
9. Intellectual Property
All content on this website, including text, images, product designs, graphics, logos, icons, layouts, photographs, artwork and design concepts, is owned by or licensed to Apex Pro Gear unless otherwise stated.
You may not copy, reproduce, distribute, modify, sell, exploit or use any part of the website, product designs or content without our prior written permission.
Purchasing a product does not transfer any intellectual property rights in our website, artwork, designs, brand assets or design files.
10. Third-Party Services and Links
Our website may contain links to third-party websites, apps, payment providers, delivery providers or services. We are not responsible for the content, accuracy, availability, policies or practices of third-party websites or services.
Your use of third-party services may be subject to their own terms and policies.
11. Customer Accounts and Information
You agree to provide accurate, current and complete information when placing an order or creating an account. This includes your name, email address, billing address, delivery address, order details and any customisation information.
We are not responsible for delays or failed delivery caused by incorrect or incomplete information supplied by you.
Your submission of personal information through the website is governed by our Privacy Policy.
12. User Comments, Feedback and Submissions
If you send us feedback, comments, suggestions, reviews, images or other submissions, you confirm that you have the right to provide them and that they do not infringe the rights of any third party.
You must not submit content that is unlawful, abusive, defamatory, discriminatory, obscene, misleading, infringing or harmful.
Where you provide public feedback, reviews or images of our products, you grant us permission to use, reproduce and share that content for business, marketing or promotional purposes, unless you tell us otherwise. We will handle personal data in accordance with our Privacy Policy.
13. Prohibited Uses
You must not use this website or our services:
- for any unlawful, fraudulent or unauthorised purpose;
- to infringe our intellectual property rights or the rights of others;
- to submit false, misleading or inaccurate information;
- to upload or transmit viruses, malware or harmful code;
- to interfere with the security or operation of the website;
- to scrape, spam, phish or collect personal information unlawfully;
- to harass, abuse, defame, threaten or discriminate against others;
- to attempt to obtain unauthorised access to our systems or accounts.
We may restrict or terminate access to the website where we reasonably believe these Terms have been breached.
14. Errors, Inaccuracies and Omissions
Occasionally, information on our website may contain errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, shipping charges, delivery estimates or other details.
We reserve the right to correct errors, update information, cancel orders or amend product details where reasonably necessary, including after an order has been placed.
We will not use this clause to reduce or remove your statutory rights.
15. Limitation of Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or breach of your statutory rights.
Subject to the above, we are not responsible for indirect, consequential or unforeseeable losses, loss of profit, loss of business, loss of opportunity or loss of data arising from use of the website or purchase of products.
Our liability for any order will not exceed the amount paid for the relevant product, except where the law requires otherwise.
16. Events Outside Our Control
We are not responsible for delays or failures caused by events outside our reasonable control. These may include supplier delays, manufacturing delays, transport disruption, customs or border delays, courier disruption, strikes, severe weather, public health disruption, war, conflict, civil unrest, technical failures, platform outages or other events beyond our reasonable control.
Where such an event affects your order, we will try to contact you as soon as reasonably possible and take reasonable steps to minimise the effect of the delay.
17. Indemnity for Customer-Supplied Artwork
Where you supply logos, names, artwork, sponsor marks, images, wording or other materials for use in custom products, you agree to be responsible for any claim, loss, cost or expense arising from your lack of permission to use those materials.
This means that if a third party claims that customer-supplied material infringes their rights, you may be responsible for the consequences of that claim.
18. Severability
If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be treated as removed to the minimum extent necessary. The remaining parts of the Terms will continue to apply.
19. Changes to These Terms
We may update these Terms from time to time by posting a revised version on this website.
The version in force at the time you place an order will apply to that order, unless a change is required by law or regulatory authority.
20. Governing Law
These Terms are governed by the laws of England and Wales.
If you are a consumer, you may also benefit from mandatory consumer protections in the country where you live.
21. Contact Information
Questions about these Terms should be sent to us at:
Apex Pro Gear
Email: info@apexprogear.com