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Website Terms and Conditions
Effective date: Jan 2020
Introduction
These terms and conditions (together with the information and policies contained in the Privacy and Cookies Policy, "Customer Service" pages on the website, and all other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website www.fergoapparel.com, any mobile device application or desktop application developed by us or on our behalf (Website(s) or Site(s)), operated by or on behalf of Fergo LLC d/b/a Fergo Apparel whose registered office is at 229 George Bush Blvd, Delray Beach, Fl 33444 “we”, “us” and “our”), and the services that we provide or are provided by one or more of our third-party providers, as more particularly detailed below in Section 3. Your purchase of any of the products offered on the Site is subject to these Terms and Conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
Fergo Apparel reserves the right to change any of the terms of these Terms and Conditions, including policies incorporated by reference herein (unless otherwise specified by Fergo Apparel in such policies), at any time and at our sole discretion. If we modify these Terms and Conditions, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Effective Date” at the top of these Terms and Conditions. Please review this page and these Terms and Conditions from time to time so you are aware of any changes. By continuing to access or use the Services after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service’s and Services (“Services”).
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile devices) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. In order to use the Services, you must be over 18 years of age.
Products
Products, price,s and availability are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. We attempt to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please contact our Customer Service Advisors if you would like more information about a Product. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions affect these legal rights except as otherwise expressly set forth herein and allowed by applicable law. The Products sold are supplied for your domestic and private use only. Fergo Apparel does not guarantee, warrant or endorse any product or service not manufactured or performed by Fergo Apparel nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Fergo Apparel. You hereby agree to supervise usage by and be responsible for the actions of, any minors who use your computer and/or registration account to access the Site.
Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Fergo Apparel or any of its directors, officers, employees, related companies, parents, subsidiaries, merchants, content providers, or any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers, or any other party involved in the creation or maintenance of this Site be liable for the following arising out of or in connection with the use of or inability to use this Site: indirect or consequential damages; loss of data, income or profit, loss of business; business interruption, or loss of business opportunity; loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Neither Fergo Apparel assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. We may make a charge for delivery which will be shown prior to checkout and your purchase of the products.
Delivery
Your order will be fulfilled by the delivery date set out in the order confirmation unless there are exceptional circumstances or a force majeure event.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain isolated locations or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products within a single order cannot be delivered to different addresses.
Deliveries are made by third-party carriers contracted by us. Please note that specific carriers may require signature upon delivery.
Price and payment
Prices included are displayed on the website where applicable but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount; however please note that Product pricing may vary based on consignor. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We reserve the right to cancel your order under these circumstances.
Payment for all orders must be made on the checkout page using an acceptable payment method as set forth on the checkout page.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Product orders will not be fulfilled until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such charge.
From time to time we may run promotions during which we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the Terms and Conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes are only valid during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
Fergo Apparel reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Please read the official rules or terms that may accompany each promotion, offer, coupon, discount, contest, and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
Product information
While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern, and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding the sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to: scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or;transmit or post any materials to the Site that are unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. We reserve the right to remove any links, transmissions, or posts you make to or on the Site in violation of the prohibitions above and to cancel any account without notice as determined in our sole discretion.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
Content and Disclaimer
We may change the format of the Site and/or Content from time to time. You expressly acknowledge and agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
While we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Content and, to the fullest extent permitted by law, Stadium Goods disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose ,all implied warranties, conditions and other terms of any kind and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its Content. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Fergo Apparel does not represent or warrant that the information or merchandise provided through this Site is accurate, complete or current.
We cannot and do not guarantee that any Content or anything on the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
External links
The Site may, from time to time, include links to external sites, which may include links to third-party websites, offers, and/or promotions. We are not responsible for the content of these third- party sites including without limitation, any link contained in these sites, or any changes or updates to these sites, or for anything provided by them and do not guarantee that they will be continuously available. We are not responsible for webcasting or any other form of transmission received from any of these sites. The fact that we include links to such external sites does not imply any endorsement of or association with any third-party sites or their operators or promoters.
Our liability
Except for any liability that, by law, may not be limited or excluded in no event shall we be liable to you for any losses and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
Contacting us
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to custmerservice@fergosports.com or by telephone at (305) 804-6789 between the hours of 9am to 6pm EST Monday to Sunday, between the hours of 9am to 6pm EST Monday - Friday or write to us at: customerservice@fergosports.com
Fergo Apparel
229 George Bush Blvd
Delray Beach, Fl 33444