Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions.
The terms and conditions of sale contained herein (the “Agreement”) apply to any quotation, order, purchase, receipt, delivery or use of any products (“Products”) from ERREÀ SPORT USA INC. or any of its subsidiaries or affiliates (“Erreà” or “We”) submitted through the Erreà’s website activetense.com (the “Website”). The term “Buyer” or “You” shall mean the person, firm or corporation executing/submitting a purchase order for Products by through the Website. Erreà and Buyer may hereinafter be referred to jointly as the “Parties” and individually as “Party”. By placing your order for Products, You represent and warrant that (i) You are at least eighteen (18) years of age and (ii) You accept and are bound to the terms of this Agreement.
This Agreement constitutes the entire and exclusive agreement between Buyer and Erreà. All representations, promises, warranties, understanding, agreements or statements by any agent, salesman or employee of Erreà that differ in any way from this Agreement shall be given no effect or force. Erreà’s failure to object to provisions contained in any communications from Buyer shall not be deemed a waiver of this Agreement. Any changes to this Agreement must specifically be agreed to in writing by Erreà before becoming binding on Erreà. No course of prior dealings between the Parties and no usage of the trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under the Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and the opportunity for objection.
Use of the Erreà’s Website
Purchase for Personal Use Only
You may purchase Products on the Website only for personal use and not for resale. By placing your order, You certify that You are purchasing products for personal use only and not for resale. Information on the product. You agree to read carefully any instruction provided regarding the use and care of any Product and to use, wash, dry, care such Product solely in accordance with the instruction provided. In case you have a medical condition, You agree consulting your medical care provider before using any Product. Products shall be used in an ordinary, lawful manner as they are intended to be used. You may not reverse engineer, deconstruct, disassemble the Products or use them to manufacture competing products.
Buyer’s placement of an order does not necessarily assure that Erreà will accept such order. All orders are subject to Erreà’s approval. Erreà reserves the right at any time after receipt of Buyer’s order to accept or decline such order, or any portion thereof, even after Buyer’s receipt of an order confirmation. Erreà reserves the right, at Erreà sole discretion, to limit the quantity of items purchased and/or to prohibit sales to Buyer. Product ordered may become unavailable due to product or parts shortages, discontinuance of Product, or other reasons. In such event, Erreà will promptly notify Buyer via email, if provided, or telephone. If a Product from an order becomes unavailable, then the order will be fulfilled based on the available Products.
All prices shall exclude shipping costs, insurance, freight, taxes, fees, import licenses, duties and levies, which shall be payable by and be the responsibility of Buyer.
Payment must be received by Erreà prior to Erreà’s acceptance of an order. No discounts, rebates or credits of any kind are authorized, unless otherwise agreed to in writing by Erreà. Unless Erreà specifies otherwise, all payments shall be in United States dollars. Each shipment of Products shall be considered a separate independent transaction, and payment therefor shall be made accordingly.
All prices are quoted and all orders are accepted exclusive of any taxes or charges by any name imposed by any taxing authority of any state, nation or locality (other than taxes imposed on Erreà’s net income), and, as an example, are exclusive of national, state and local excise, sales, use, value added, goods and services, and similar taxes.
Shipping Methods & Costs
Shipping charges are not included in the purchase price and shall be borne by Buyer. For more information about our Shipping Rules and Restrictions, please see our FAQ section in the Website.
Shipping Rules and Restrictions
Orders may only be shipped within the United States. We do not ship internationally or to U.S. territories. We do not ship to PO Boxes. Orders are shipped on business days only. Business days are Monday-Friday, excluding federal holidays within the United States. Your order must be received and your credit card authorized by 12:00 p.m. (noon) EST or your order will not be processed until the following business day. This applies to all shipping methods, including Overnight delivery. Orders with shipping destinations in Alaska or Hawaii may only be shipped via Second Day delivery and require 2-3 additional business days for delivery. Overnight delivery is not available. Orders shipping to an APO / FPO military address may only be shipped via Standard Ground Shipping delivery (through U.S. Postal Service) and cannot be expedited. All expedited orders require a street address. You will not be charged for any item until it is shipped to you.
Risk of Loss. Delivery
Risk of loss for the Products passes to Buyer upon tender to the carrier for shipment. Buyer is responsible for filing any claims with carriers for damaged and/or lost shipments. Unless otherwise instructed in writing, Erreà reserves the right to make partial shipments and issue invoices accordingly. Estimated delivery time shall be indicated by Erreà on an order-by-order basis; provided that Erreà shall have no liability for any delay or for not meeting the estimated delivery time.
Inspection and Acceptance
Upon Buyer's receipt of shipment, Buyer shall immediately inspect the Products. Unless Buyer provides Erreà with written notice of any claim for shortages of or defects in the Products within forty-eight (48) hours after receipt of shipment, such Products shall be deemed finally inspected, checked and accepted by Buyer.
Erreà attempts to be as accurate as possible; however, Erreà does not warrant that all Product descriptions, photographs, pricing or other information on the Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a Product is not as described or pictured, Buyer’s sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Website, in an order confirmation, in processing an order, in delivering a product or otherwise, Erreà reserves the right to correct such error and revise Buyer’s order accordingly, or to cancel the order and refund any amount charged. Buyer’s sole remedy in the event of an error is to cancel the order and obtain a refund.
Returns & Exchanges
Erreà does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Erreà does not take title to the refunded item. For more information about our returns and refunds, please see our FAQ section
Product Limited Warranty
The Products are covered by the version of the Errea’s Limited Warranty that is posted on the Errea website (www.erreausa.com) as of the date of the Order Confirmation or provided with the Products, which is incorporated by reference into this Agreement.
Limitation of liability
I. Regardless of whether any remedy set forth herein fails of its essential purpose, erreà (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors, all of which are referred to herein collectively as the "affiliates") shall not be liable under any circumstance to buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the products or otherwise, nor for any damages (whethere direct ot consequential) for lost profits, loss of the products or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, lost data, injury to property or any damages or sums paid by you to third parties, even if erreà or any of its affiliates has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, strict liability or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. Some states/jurisdictions may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.
II. If, notwithstanding the other provisions of this Agreement, Erreà or any of its Affiliates is found to be liable to Buyer for any damage or loss which arises out of or is in any way connected with the Product or this Agreement, the total liability of Erreà or its Affiliates for any loss, damage or claim, whether in contract, tort (including Erreà’s active or passive negligence or strict liability) or otherwise, arising out of, connected with, or resulting from this Agreement, the use of the Website, or the performance or breach of any purchase order or contract of sale accepted or executed by Erreà pursuant to this Agreement, or from the manufacture, sale, delivery, resale, inspection, testing, or use of any Product or from the performance of any service shall not, in any event, exceed the price allocable to the Product or service which gives rise to the claim, loss or damage.
Disclaimers of warranties of non-infringement
Erreà disclaims any warranties of non-infringement with respect to the products and none of erreà or its affiliates shall have any duty to defend, indemnify, or hold harmless buyer from and against any or all damages or costs incurred by buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the products.
In the event that either Party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of (or if loss of the Products is caused by) natural disaster, riots, strikes, freight embargoes, acts of God, acts of war or hostilities of any nature, laws, regulations, actions or decrees of governmental bodies (whether foreign or domestic, federal, state, county or municipal) or communications line failure not the fault of, or that could not reasonably have been prevented or avoided by, the affected Party (hereinafter referred to as a “Force Majeure Event” or “Event”), the Party who has been so affected shall promptly give notice to the other Party and shall notify the other Party in writing of the nature of that event and the prospects for that Party's future performance and shall thereafter, while that event continues, respond promptly and fully in writing to all requests for information from the other Party relating to that event and those prospects. Upon receipt of such notice, all obligations under the purchase order shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may give written notice to terminate the purchase order effective immediately, without liability. Except as provided herein, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such Events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such Event.
Waivers and Amendments
The delay or failure by either Party to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of that Party's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. No amendment or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against which it is sought to be enforced.
If any provision of this Agreement is held to be void, the remaining provisions shall remain valid and shall be construed in such a manner as to achieve their original purposes in full compliance with the applicable laws and regulations.
This Agreement and the rights and obligations of the Parties shall be governed in all respects by, and construed in accordance with, the laws of the State of New York (without regard to the principles of conflicts of laws). Jurisdiction The Parties hereby consent to the sole and exclusive jurisdiction of the courts of the State of New York or the United States Federal District Court for the Southern District of New York for purposes of any action or proceeding brought by either of them on or in connection with this Agreement on any alleged breach thereof and to assert that any such court constitutes an inconvenient or improper forum.