TERMS AND CONDITIONS
TERMS OF USE, TERMS OF SALE, TERMS OF SERVICE.
DATE LAST MODIFIED : 9/17/24
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a full refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
PAYMENTS
We accept the following payment methods on our Site:
Credit card
Debit
Direct Debit.
Apple pay
Google pay
When purchase is placed, your provided payment method will be charged immediately.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
CONSUMER PROTECTION LAW
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation.
These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
LIMTED LIABILITY COMPANY
AGAINST AVERAGE will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless AGAINST AVERAGE from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of the State of Florida.
SEVERABLILTY
If at any time any of the provisions set forth in these Terms and Conditions are found to
inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
TERMS OF SALE
These Terms of Sale govern your purchase of products from our store. By placing an order, you agree to these Terms. Please read them carefully before making a purchase.
1.1. Acceptance of Terms: By placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2. Eligibility: People of all ages are eligible to us our site, By placing an order, you represent and warrant that you meet this requirement.
2. Order Process: To place an order, you must complete the online checkout process. Once you submit your order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order.
2.1. Order Acceptance: Your order is not binding until you receive a shipping confirmation email. We reserve the right to refuse or cancel any order for any reason, including but not limited to the unavailability of products, errors in pricing, or suspicion of fraudulent activity.
3. Pricing: All prices are listed in and are subject to change without notice. Prices are final at the time of order confirmation.
3.1. Payment: We accept various forms of payment as specified on our website, including credit/debit cards and other payment methods. By providing payment information, you authorize us to charge the total amount of your order, including any applicable taxes and shipping fees.
3.2. Taxes: Prices do not include applicable taxes. You are responsible for paying any taxes that may apply to your purchase, including sales tax, VAT, or other similar taxes.
4. Shipping: We offer shipping options as detailed on our website. Shipping costs and delivery times are subject to change based on your location and the shipping method selected.
4.1. Delivery: We are not responsible for any delays in delivery caused by circumstances beyond our control, including but not limited to natural disasters, strikes, or shipping carrier delays.
4.2. Risk of Loss: Risk of loss or damage to the products passes to you upon delivery to the shipping carrier.
5. Return Policy: We accept returns and exchanges within 14 days of receipt, subject to our Return Policy. Items must be returned in their original condition, with tags attached and in the original packaging. Customized or personalized items are not eligible for return or exchange.
5.1. Return Process: To initiate a return or exchange, please contact our customer service. We will provide instructions for returning the items and any applicable return shipping labels.
5.2. Refunds: Refunds will be processed to the original payment method after we receive and inspect the returned items. Shipping fees are non-refundable, and you are responsible for return shipping costs unless otherwise specified.
6. Product Descriptions: We strive to provide accurate product descriptions and images. However, we do not guarantee that product descriptions, images, or other content are accurate, complete, or error-free.
6.1. Product Availability: Product availability is subject to change. We reserve the right to limit the quantity of items available for purchase or to discontinue any product without notice.
7. Ownership: All content on our website, including text, images, logos, and trademarks, is the property of AGAINST AVERAGE or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our express written consent.
8. No Liability: To the fullest extent permitted by law, AGAINST AVERAGE, its affiliates, directors, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or related to your purchase or use of our products.
9. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.
9.1. Dispute Resolution: Any disputes arising under or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs.
10. Modification: We reserve the right to modify these Terms at any time. Any changes will be posted on our website with an updated effective date. Your continued use of our website and services after such changes constitutes your acceptance of the modified Terms.
TERMS OF SERVICE
These Terms of Service govern your use of our website and the purchase of products from our online clothing store. By accessing or using our website and services, you agree to these Terms. If you do not agree with any part of these Terms, you should not use our website.
1.1. Agreement: By accessing or using the AGAINST AVERAGE website againstaverage.com and/or purchasing products from us, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein.
1.2. Modifications: We reserve the right to change or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms.
2.1. Eligibility: People of all ages are eligible to us our site. By using the Site, you represent and warrant that you meet this requirement.
3. Product Descriptions: We strive to provide accurate descriptions and images of our products. However, we do not guarantee that the descriptions are, complete, or error-free.
3.1. Availability: All products are subject to availability. We reserve the right to limit the quantity of products available for purchase and to discontinue any product at any time without notice.
3.2. Pricing: All prices are listed in $US currency, and are subject to change without notice. We make every effort to ensure that pricing information is accurate. However, in the event of a pricing error, we reserve the right to cancel or refuse any orders placed at the incorrect price.
4. Order Process: To place an order, you must complete the online checkout process. Once your order is submitted, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order.
4.1. Order Acceptance: Your order is not binding until you receive a shipping confirmation email. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders placed with incorrect pricing or due to product unavailability.
4.2. Payment: We accept various forms of payment as specified on our Site. By providing payment information, you authorize us to charge the total amount of your order, including any applicable taxes and shipping fees. All payment transactions are processed through secure third-party payment processors.
5. Shipping: We offer various shipping options as detailed on our Site. Shipping costs and delivery times are subject to change based on your location and the shipping method selected.
5.1. Delivery: We are not responsible for any delays in delivery caused by circumstances beyond our control, including but not limited to natural disasters, strikes, or shipping carrier delays. Risk of loss or damage to the products passes to you upon delivery to the shipping carrier.
5.2. Address Accuracy: You are responsible for providing accurate shipping information. We are not liable for any delays or issues arising from incorrect or incomplete shipping addresses.
6. Return Policy: We accept returns and exchanges within 14 days of receipt, subject to our Return Policy. Items must be returned in their original condition, with tags attached and in the original packaging. Customized or personalized items are not eligible for return or exchange.
6.1. Return Process: To initiate a return or exchange, please contact our customer service. We will provide instructions for returning the items and any applicable return shipping labels.
6.2. Refunds: Refunds will be processed to the original payment method after we receive and inspect the returned items. Shipping fees are non-refundable, and you are responsible for return shipping costs unless otherwise specified.
7. Ownership: All content on our Site, including but not limited to text, images, logos, and software, is the property of AGAINST AVERAGE or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from our Site without our express written permission.
7.1. License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use. This license does not include any resale or commercial use of the Site or its contents.
8. Disclaimers: The Site and its content are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the Site, its content, or any products or services offered through the Site. We disclaim all warranties to the fullest extent permitted by law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.1. Limitation of Liability: To the maximum extent permitted by law, AGAINST AVERAGE and its affiliates, directors, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use or inability to use our Site or products, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of or related to these Terms shall not exceed the amount you paid to us for the specific product or service giving rise to the claim.
9. Indemnification: You agree to indemnify, defend, and hold harmless AGAINST AVERAGE and its affiliates, directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our Site, your violation of these Terms, or your infringement of any rights of another party.
10. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Florida without regard to its conflict of law principles.
11.2. Dispute Resolution: Any disputes arising out of or related to these Terms or your use of our Site shall be resolved through binding arbitration in the state of Florida, in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs.
12. Termination: We reserve the right to terminate or suspend your access to our Site at our sole discretion, without prior notice, for any reason, including but not limited to your breach of these Terms.
13. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.
14. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements provided by us, constitute the entire agreement between you and AGAINST AVERAGE regarding your use of our Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
TERMS OF USE
These Terms of Use govern your access to and use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our website.
1. Agreement to Terms: By using our website, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, please do not use our website.
1.1. Changes to Terms: We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the website after such changes constitutes your acceptance of the modified Terms.
2. Eligibility: People of all ages are eligible to us our site. By accessing or using the website, you represent and warrant that you meet this requirement.
3. Prohibited Activities: You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws, regulations, or third-party rights.
- Using the website for any unlawful purpose or in any way that could harm, disable, overburden, or impair the website.
- Interfering with or disrupting the website or servers or networks connected to the website.
- Attempting to gain unauthorized access to any portion of the website or any other systems or networks connected to the website.
- Using any automated means, such as robots or spiders, to access the website or collect information from it.
- Posting or transmitting any content that is unlawful, defamatory, obscene, or otherwise objectionable.
4.. Ownership: All content, trademarks, and other intellectual property on our website, including but not limited to text, graphics, logos, images, and software, are the property of AGAINST AVERAGE or its licensors and are protected by intellectual property laws. You may not use, reproduce, modify, or distribute any content from our website without our express written permission.
4.1 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for your personal, non-commercial use. This license does not include any resale or commercial use of the website or its contents.
5. No Warranty: The website and its content are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the website, its content, or any products or services offered through the website. We disclaim all warranties to the fullest extent permitted by law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2. No Guarantee of Accuracy: We do not guarantee that the information on our website is accurate, complete, or current. We reserve the right to correct any errors or omissions and to change or update the content of our website without prior notice.
6. Limitation: To the maximum extent permitted by law, AGAINST AVERAGE and its affiliates, directors, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use or inability to use our website, even if we have been advised of the possibility of such damages.
6.1. Maximum Liability: In no event shall our total liability to you for any claims arising out of or related to these Terms exceed the amount you paid to us for the specific product or service giving rise to the claim.
7. Indemnification: You agree to indemnify, defend, and hold harmless AGAINST AVERAGE and its affiliates, directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our website, your violation of these Terms, or your infringement of any rights of another party.
8. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.
8.1 Dispute Resolution: Any disputes arising out of or related to these Terms or your use of our website shall be resolved through binding arbitration in the state of Florida, in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs.
10. Termination: We reserve the right to terminate or suspend your access to our website at our sole discretion, without prior notice, for any reason, including but not limited to your breach of these Terms.
11. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.
12. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements provided by us, constitute the entire agreement between you and AGAINST AVERAGE regarding your use of our website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
CONTACT INFORMATION
If you have any questions or concerns about these Terms, please contact us at:
info@againstaverage.com or support@againstaverage.com
You can also contact us through the feedback form available on our site - CONTACT US.
Thank you for visiting AGAINST AVERAGE.
TERMS AND CONDITIONS
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. You agree to purchase goods from our Site at your own risk.