Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Aerys Active Ltd (“Aerys”, “we”, “us”, “our”).

We operate this website and online store, including all related information, content, features, tools, products and services (the “Services”), to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein (including our Privacy Policy and Refund Policy), govern your access to and use of the Services.

By visiting, browsing, interacting with or purchasing from our Services, you agree to be bound by these Terms. If you do not agree, you must not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

You must be at least 18 years old to use the Services.

You may browse our store without creating an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree that all information you provide to us (including contact, billing, and delivery information) is accurate, current, and complete. You must promptly update your information if it changes.

Accounts may not be transferred, sold, assigned or licensed to any other person.

SECTION 2 – OUR PRODUCTS

We sell activewear products only.

We make reasonable efforts to display products accurately, however colours and appearance may vary depending on your device and display settings.

All product descriptions and specifications are provided for information purposes only and may be updated at any time without notice. We reserve the right to discontinue any product at any time.

Nothing in these Terms limits your statutory rights under the Consumer Rights Act 2015.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. All orders are subject to acceptance by us.

An order is not accepted until payment has been received and we issue an order confirmation. We reserve the right to refuse or cancel any order at our discretion, including where products are unavailable or pricing errors occur.

You may request cancellation before dispatch. Once an order has been dispatched, cancellation is not possible and returns must follow our Refund Policy.

All purchases are for personal use only and not for resale or commercial purposes.

SECTION 4 – PRICES, VAT AND PAYMENT

All prices are displayed in GBP (£) and are inclusive of UK VAT, unless stated otherwise.

Delivery charges are displayed at checkout:

  • Free delivery on orders over £60

  • £3.55 standard delivery via Royal Mail Tracked 48 for orders under £60

Discount codes:

  • Must be entered manually at checkout

  • Are single-use and non-stackable

  • Apply only to the amount paid

Payment must be made in full at the time of order. By placing an order, you confirm that you are authorised to use the payment method provided.

SECTION 5 – SHIPPING AND DELIVERY

We ship from the UK to UK addresses only, using Royal Mail Tracked 48.

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by Royal Mail or events outside our control.

Risk in the goods passes to you upon delivery to the address provided in your order, in accordance with UK consumer law.

PO Boxes are accepted.

SECTION 6 – RETURNS, REFUNDS AND EXCHANGES

Returns, refunds and exchanges are governed by our Refund Policy, which forms part of these Terms.

In summary:

  • You have a 14-day cooling-off period

  • Items must be unworn and with tags attached

  • Return shipping is paid by us

  • Exchanges are permitted

  • Refunds are issued to the original payment method

  • Refunds are limited to the amount actually paid

Nothing in these Terms affects your statutory rights.

SECTION 7 – INTELLECTUAL PROPERTY

All content on the Services, including text, images, graphics, logos, product designs, and website layout, is owned by or licensed to Aerys Active Ltd and is protected by intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify or exploit any content without our prior written consent.

“Aerys” and all associated branding are trademarks of Aerys Active Ltd.

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may include tools or integrations provided by third parties (including analytics, payment processors, and marketing platforms).

These tools are provided “as is” and “as available”. We do not control and are not responsible for third-party services.

Your use of third-party tools is at your own risk and subject to the third party’s terms.

SECTION 9 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites.

Accessing third-party websites is at your own risk.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Aerys is powered by Shopify, which enables us to provide the Services. All sales are made directly between you and Aerys Active Ltd.

You acknowledge that Shopify is not responsible for any aspect of transactions between you and us, and you release Shopify from any related claims.

SECTION 11 – PRIVACY

Your personal data is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy.

We use Shopify to manage customer communications, and third-party platforms for analytics and marketing (including Meta and other advertising platforms). SMS marketing may be used where consent is provided.

SECTION 12 – FEEDBACK AND REVIEWS

If you submit reviews, feedback or suggestions, you grant us a perpetual, royalty-free licence to use that content for business purposes.

Incentives may be offered for reviews or surveys, but reviews must be honest and not misleading.

We reserve the right to remove feedback that is unlawful, offensive or violates these Terms.

SECTION 13 – PROHIBITED USES

You must not misuse the Services, including by:

  • Violating laws or regulations

  • Infringing intellectual property rights

  • Harassing or abusing others

  • Uploading malware or harmful code

  • Scraping or exploiting the Services

We reserve the right to suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may suspend or terminate your access to the Services at any time.

Termination does not affect your obligations or our rights that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available”.

Nothing in these Terms excludes or limits your statutory rights under UK consumer law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Aerys Active Ltd shall not be liable for indirect or consequential losses.

This does not exclude liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under UK law.

SECTION 17 – INDEMNITY

You agree to indemnify Aerys Active Ltd against losses arising from your breach of these Terms or misuse of the Services.

SECTION 18 – FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our reasonable control, including postal strikes, natural disasters, system outages or supplier disruption.

SECTION 19 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in effect.

SECTION 20 – ENTIRE AGREEMENT

These Terms, together with referenced policies, constitute the entire agreement between you and us.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

SECTION 22 – CHANGES TO TERMS

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.

SECTION 23 – CONTACT DETAILS

Aerys Active Ltd

10 Manor Drive North

KT3 5PB

United Kingdom

Company number: 16190261

VAT number: GB497682717

Email: nicole@aerysactive.com

Phone: +44 (0) 7375 928003