Terms and Conditions

Welcome to Fresh Wear. These terms and conditions (“Terms”) govern your access to and use of the Fresh Wear website, products, and services. By accessing or using our website, placing an order, or creating an account, you agree to be bound by these Terms. Please read these Terms carefully before making a purchase.

1. General Terms

Fresh Wear reserves the right to refuse service to any person at any time for any reason.

- You understand that your content (excluding credit card information) may be transmitted unencrypted and involves transmission over various networks and changes made to comply with technical requirements.

- You agree not to copy, reproduce, sell, resell, or otherwise exploit any part of the Service without Fresh Wear’s express written permission.

- The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

2. Eligibility Requirements

- You must be 13 years of age or older (or the legal age of majority in your jurisdiction) to create an account or place an order on our website.

- By using our website, you represent and warrant that you meet the age requirement and that all information you provide is true, accurate, and complete.

- Fresh Wear reserves the right to terminate the accounts of individuals who provide false or misleading information and refuse their orders.

3. Account Registration and User Responsibility

- You are responsible for maintaining the confidentiality of your account credentials (email and password).

- You are responsible for all activities that occur under your account.

- If you suspect your account has been accessed without authorization, please notify us immediately at info@freshweary.com.

- Fresh Wear is not liable for any loss or damage caused by unauthorized use of your account.

- You may not use another person's account without their express permission.

- We reserve the right to suspend or terminate accounts that violate these terms.

4. Products and Pricing

Product Description

- We strive to ensure that product descriptions, images, colors, and specifications are as accurate as possible.

- However, due to differences in monitor settings, screen resolution, and device display methods, we cannot guarantee that the colors displayed on your screen will be completely accurate.

- Fresh Wear reserves the right to modify product descriptions, images, and specifications at any time without notice.

Pricing

- All prices are in US Dollars (USD) and are subject to change without notice.

- We reserve the right to modify or discontinue any product at any time.

- If product prices or information are incorrect due to printing errors, system errors, or supplier price changes, Fresh Wear reserves the right to cancel orders placed at incorrect prices, even if the order has been confirmed. In this case, we will notify you and provide a full refund.

- Promotional prices are valid only during the advertised promotional period and are not retroactive.

Product Availability

- All products are subject to availability. We reserve the right to discontinue the sale of any product at any time without notice.

- If the item you ordered is out of stock after you place your order, we will notify you immediately and provide a full refund or alternative.

5. Order Submission, Processing, and Cancellation

Order Submission

- Placing an order on our website constitutes an offer to purchase the items listed in your order. - All orders are subject to Fresh Wear's acceptance to be valid. We reserve the right to refuse or cancel any order for any reason.

Order Confirmation

- After placing your order, you will receive an order confirmation email. This email confirms that we have received your order, but does not constitute acceptance of your order.

- A binding contract is only formed after you receive a shipping confirmation email containing tracking information.

Order Cancellation

- You can cancel your order within 2 hours of placing it by contacting our customer support team at info@freshweary.com.

- Orders that have entered the processing or shipping stage cannot be cancelled. You can return the item after delivery according to our refund and return policy.

Right to Refuse or Cancel an Order

Fresh Wear reserves the right to refuse or cancel an order for justifiable reasons, including but not limited to:

- Out-of-stock or insufficient stock

- Suspected fraud, unauthorized or illegal transactions

- Unusual bulk or wholesale purchases

- Invalid or incomplete shipping address

- Incorrect pricing or product description

- Breach of our terms and conditions

6. Payment Terms

- Your order must be paid in full before processing and shipment.

- We accept credit card payments: American Express, Diners Club, Discover, JCB, Maestro, Mastercard, Visa. All transactions are settled in US dollars. We use SSL encryption and PCI DSS compliant payment processors to ensure the security of your financial information. Fresh Wear is not responsible for any additional fees charged by your bank or payment service provider.

7. Shipping, Delivery, and Package Liability

- Shipping and delivery terms are governed by our Shipping Policy, which is incorporated into these Terms by reference.

- Once the goods are delivered to the carrier, the risk of loss and ownership of the goods transfers to you.

- Fresh Wear is not responsible for delays caused by the carrier, incorrect delivery addresses provided by the customer, or events beyond our reasonable control (natural disasters, weather, strikes, etc.).

- You are responsible for providing an accurate and complete delivery address. Packages returned due to incorrect addresses will be reshipped at the customer's expense.

8. Returns, Exchanges, and Refunds

- Our returns, exchanges, and refund processes are governed by our Refund and Return Policy, which is incorporated herein by reference.

- Returns must be initiated within 30 business days of receipt of the goods and must meet all return conditions stipulated in our Refund and Return Policy.

- Refunds will be credited to the original payment method and may take 3-7 business days to appear in your account after approval.

- Fresh Wear reserves the right to refuse returns that do not meet the conditions described in our Refund and Return Policy.

9. Promotions, Coupons, and Discount Codes

- Promotional offers, coupons, and discount codes are valid only for a specified period and are subject to the terms stated at the time of issuance.

- Discount codes cannot be combined unless otherwise expressly stated.

- Discount codes have no cash value and cannot be exchanged for cash.

- Fresh Wear reserves the right to modify, suspend, or terminate any promotional activity at any time without notice.

- Promotional prices are not retroactively applicable to previous orders.

- Fresh Wear reserves the right to cancel orders if a discount code is used in a way that is not intended for its intended purpose.

10. Intellectual Property

- All content on the Fresh Wear website, including but not limited to text, graphics, logos, images, product descriptions, audio clips, video clips, digital downloads, and software, is the property of Fresh Wear or its content providers and is protected under U.S. and international copyright, trademark, and intellectual property laws.

- You may not copy, distribute, modify, display, perform, publish, license, create derivative works from, or use any content on our website for any commercial purpose without the prior written consent of Fresh Wear.

- The name, logo, and all related product names, design symbols, and slogans of Fresh Wear are trademarks of Fresh Wear.

By using this website, you agree not to:

- Use this website for any illegal, fraudulent, or malicious purpose

- Interfere with or disrupt the functionality of this website, its servers, or network

- Attempt to access any part of this website or its related systems without authorization

- Use automated tools (bots, crawlers, web crawlers) to access or collect data from this website

- Upload or transmit viruses, malware, or other harmful code

- Impersonate any person or entity, or make false statements about your relationship with any person or entity

- Collect or obtain other users' personal information without their consent

- Engage in any activity that may harm, disable, or weaken this website

Fresh Wear reserves the right to terminate or restrict your access to this website if you violate these behavior restrictions.

12. Limitation of Liability

- To the maximum extent permitted by applicable law, Fresh Wear shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of this website or your purchase of products.

- For any claim arising out of or related to these Terms or your use of this website, our total liability shall not exceed the total amount you paid for the product that gave rise to the claim.

- Fresh Wear shall not be liable for damages caused by delayed delivery, misuse of products, unauthorized modifications, or events beyond our reasonable control.

- Some states do not allow the exclusion or limitation of certain damages. In those states, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fresh Wear and its owners, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

- Your use of this website

- Your breach of these Terms

- Your violation of any law or regulation

- Your infringement of any third party's rights, including intellectual property rights

14. Third-Party Links and External Platforms

- Our website may contain links to third-party websites, social media platforms, or external services.

- Fresh Wear assumes no control or responsibility for the content, privacy practices, or policies of any third-party website.

- You access third-party links at your own risk. We recommend that you review the terms and privacy policies of any third-party websites you visit.

15. Applicable Law and Dispute Resolution

Applicable Law

These Terms, and any dispute arising out of or relating to these Terms or your use of this website, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

Dispute Resolution

- You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by contacting Fresh Wear (email: info@freshweary.com).

- If the dispute cannot be resolved informally within 30 days, either party may initiate mediation or binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

- The place of arbitration shall be Cook County, Illinois.

- You agree that any dispute resolution proceedings shall be conducted on an individual basis and not in the form of a class action, consolidated action, or representative action.

Jurisdiction

For any matter not covered by arbitration, you agree that the state and federal courts in Cook County, Illinois shall have exclusive jurisdiction and forum.

16. Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable, such provision shall be deemed severable without affecting the validity and enforceability of the remaining provisions.

17. Full Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and Payment Policy, constitute the full agreement between you and Fresh Wear regarding your use of this website and supersede all prior agreements, understandings, and representations.

18. Changes to Terms

Fresh Wear reserves the right to update or modify these Terms at any time without notice. Changes will take effect immediately upon posting on this page. The "Last Updated" date at the top of this page indicates the date of the latest revision. Your continued use of this website after any changes constitutes your acceptance of the updated terms. We encourage you to review these terms periodically.