Welcome to our Terms and
Conditions to use!
We think this policy stuff is a bit boring, but we had to write it like this to avoid any confusion. So, truck on through - we know you'll make it to the end!
This website, located at www.calibreapparel.com is provided by CalibreApparel. (CalibreApparel, "we," "our," or "us") to the person accessing this Website and the products and services ("you," "your") are subject to the following terms, conditions, notices and all applicable laws and regulations (the "Terms of Service").
1. You Agree to These Terms by Using This Site
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. CalibreApparel will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Website for commercial purposes, ('screen scraping') is prohibited without license.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of CalibreApparel or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by CalibreApparel and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by CalibreApparel or its licensors. CalibreApparel.com™ are trademarks belonging to CalibreApparel. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of CalibreApparel.
5. CalibreApparel Community Areas
CalibreApparel reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
• Submission of material
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. CalibreApparel does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, CalibreApparel is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize CalibreApparel to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, CalibreApparel reserves the right to block or remove communications or materials that it determines to be unacceptable to CalibreApparel in its sole discretion.
By submitting any user-generated content, you hereby grant CalibreApparel (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at CalibreApparel's sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CalibreApparel employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
6. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release CalibreApparel (and CalibreApparel's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. Notice; Electronic Communications
When you visit this Site, send emails to CalibreApparel, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with CalibreApparel.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. Practices; Typographical Errors; Colors
You agree that CalibreApparel has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, CalibreApparel reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, CalibreApparel shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall CalibreApparel be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, CalibreApparel makes no guarantees that any actual colors of products or features will be true or accurate.
7. Terms of Sale
By placing an order 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.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with CalibreApparel you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. CalibreApparel retains the right to refuse any request made by you, and CalibreApparel reserves the right to close your CalibreApparel account at its sole discretion. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
a. Our Contract
i. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.
b. Pricing and Availability
i. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the 'Total Cost'.
ii.The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
i. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
d. Discount Codes
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all CalibreApparel promotions, competitions and discount codes (unless otherwise stated).
a) Only one promotion code can be used per order. A promotional code can't be used after an order has been placed.
b) If the promotional code has expired, then you shouldn’t try to use it. Also you can’t swap your promotional code for cash.
c) If you’ve been given a promotional discount code, then it can only be used by you on your own CalibreApparel account for the purpose for which it was issued.
d) You shouldn’t pass your promotional code around your friends, or post it in a forum – you should keep it confidential and only use it for your own purchases through the Website.
e) Look after your promotional code, because we are not obliged to provide you with a replacement and abuse of the code if it inadvertently gets lost and used by someone else will result in its cancellation.
f) Brand or product category exclusions may also apply. We will let you know if the promotional code can’t be used against certain brands or product categories in your cart before you complete your purchase.
g) Don’t use a promotional code to buy discounted products from CalibreApparel, and then sell them on for a higher price to make yourself a bit of extra money.
h) If you do use your promotional code in any of the ways listed above or in a way that we consider abuses the spirit in which the promotional code was issued, then we can cancel or withdraw your promotional code at any time, and without letting you know beforehand.
e. Gift Vouchers
a) Once a gift voucher has been locked to an individual’s CalibreApparel account, the gift voucher becomes their property.
b) After a gift voucher has been locked to an individual’s account, we reserve the right to refuse to discuss the gift voucher further, with the individual who initially purchased it.
7. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law CalibreApparel and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect CalibreApparel's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.
9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with CalibreApparel and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CalibreApparel.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of United States and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the United States courts.
16. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and CalibreApparel. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of CalibreApparel.