TERMS AND CONDITIONS

Last Updated: April 9, 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website at www.apexgymclothing.com (the "Service") operated by Apex Gym Clothing ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including your name, delivery address, phone number, email address, and payment information.

1.1 Order Acceptance and Pricing

All orders placed through our website are subject to acceptance and availability. We reserve the right to refuse any order without giving a reason. When you place an order, you will receive an order acknowledgement email confirming receipt of your order. This email is not an order confirmation or order acceptance from Apex Gym Clothing.

Although we make every effort to ensure the accuracy of the pricing and product information on our website, errors may occur. If we discover an error in the price of products you have ordered, we will inform you 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.

1.2 Payment Terms

All prices displayed on our website are in British Pounds Sterling (GBP) and include Value Added Tax (VAT) at the applicable rate. Delivery charges are not included in the price of the products and will be charged separately, as clearly indicated during the checkout process.

Payment can be made by credit card, debit card, PayPal, or any other method specified at the checkout. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorized by the owner of the card to use it.

1.3 Delivery

We aim to deliver products within the timeframe indicated on our website. While we make every effort to ensure that delivery times are met, delays are occasionally inevitable due to unforeseen circumstances. We shall not be liable for any delay or failure to deliver products within the estimated timeframes.

Risk of loss and damage of products passes to you on delivery to your specified delivery address or when collected from one of our stores.

2. Returns and Refunds

Please refer to our Returns Policy for information about returning products and obtaining refunds.

3. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Apex Gym Clothing and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Apex Gym Clothing.

4. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Apex Gym Clothing. Apex Gym Clothing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Apex Gym Clothing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

7. Limitation of Liability

In no event shall Apex Gym Clothing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

Nothing in these Terms affects your statutory rights as a consumer or excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8. Indemnification

You agree to defend, indemnify and hold harmless Apex Gym Clothing and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Promotional Communications

By creating an account, you agree to receive marketing communications from us. You can opt out of receiving these communications at any time by:

• Using the unsubscribe link in our emails
• Updating your communication preferences in your account settings
• Contacting our customer service team

12. Dispute Resolution

If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us. If a dispute cannot be resolved informally, you and Apex Gym Clothing agree to resolve any disputes through binding arbitration in accordance with the rules of the London Court of International Arbitration, rather than in courts of general jurisdiction.

13. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

14. Entire Agreement

These Terms constitute the entire agreement between you and Apex Gym Clothing regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Contact Us

If you have any questions about these Terms, please contact us:

Apex Gym Clothing
50 Princes Street
Ipswich
Suffolk, IP1 1RJ1
United Kingdom

Email: [email protected]
Phone: +44 1473 209 063