Terms of service
(Last updated: 12 September 2026)
OVERVIEW
Welcome to Active Wear & Tear.
Active Wear & Tear is a trading name of Darren Rose, a sole trader established in England, United Kingdom.
Throughout these Terms, “Active Wear & Tear”, “we”, “us” and “our” refer to Darren Rose trading as Active Wear & Tear.
We operate this website and online store, including the information, content, features, tools, products and services available through it (collectively, the “Services”). Our store is powered by Shopify, which provides the technology that enables us to offer the Services to you.
These Terms of Service, together with the policies referred to in them, explain the terms that apply when you visit our website, use our Services or purchase from Active Wear & Tear.
We know Terms & Conditions aren't exactly anyone's idea of a workout, but please read them carefully. They contain important information about your legal rights and responsibilities.
By accessing or using our Services, you agree to these Terms of Service and our Privacy Policy.
If you do not agree with these Terms or our Privacy Policy, please do not use the Services.
SECTION 1 — ACCESS AND ACCOUNTS
By using the Services, you confirm that you are at least the age of majority in your state or place of residence, or that you have permission from a parent or legal guardian where required.
When browsing our store or placing an order, you may be asked to provide information including your name, email address, billing details, payment information and shipping address.
You agree that all information you provide is accurate, current and complete and that you have the right to provide it.
If you create an account, you are responsible for keeping your account credentials secure and for activity carried out through your account.
You may not sell, transfer, assign or license your account to another person.
SECTION 2 — OUR PRODUCTS
We do our best to describe and display our products accurately.
However, colours and other aspects of a product may appear slightly different depending on your screen, device, display settings and other factors beyond our control. Sadly, we haven't yet found a way to make every screen behave itself.
Because our products are printed to order, minor variations in print placement, colour or appearance may occur between individual items.
Product descriptions, designs, specifications, prices and availability may change from time to time without prior notice.
We reserve the right to modify or discontinue a product at any time and, where permitted by law, to limit the quantity of products available to any person, geographic region or jurisdiction.
Nothing in this section affects any rights you may have under applicable law in relation to products that are defective, damaged, incorrectly supplied or materially different from their description.
SECTION 3 — ORDERS
When you place an order through Active Wear & Tear, you are making an offer to purchase the products in your order.
Receiving an automated order confirmation does not necessarily mean that we have accepted your order.
An order is accepted when we confirm that it has been accepted and payment has been successfully authorised or processed.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- payment cannot be authorised;
- pricing or product information contains an obvious error;
- we reasonably suspect fraud or unauthorised activity; or
- fulfilling the order would breach applicable law.
Please check your order carefully before submitting it.
Our products are generally printed specifically for each order. Once an order has entered production, we may be unable to change or cancel it.
If we need to cancel or materially change an order, we will make reasonable efforts to contact you using the information provided when you placed the order.
Returns, refunds and replacements are handled in accordance with our Refund Policy.
Nothing in our Refund Policy or these Terms limits any consumer right that cannot legally be excluded.
SECTION 4 — PRICES, PAYMENTS AND TAXES
Unless stated otherwise, prices displayed on our US store are shown in US dollars (USD).
Prices, discounts and promotions may change without notice.
The price charged will normally be the price displayed when you submit your order, subject to correction of obvious pricing or technical errors.
Any applicable shipping charges and taxes will be displayed or calculated during checkout where required.
Sales tax will be collected where we are legally required to collect it.
From time to time, we may offer discounts or promotions that are subject to additional terms. If specific promotional terms conflict with these Terms, the terms of that promotion will apply to the promotion.
You agree to provide accurate and complete payment and billing information.
You confirm that you are authorised to use the payment method supplied with your order.
Payments are processed through Shopify and/or other authorised payment providers. We do not directly store your full payment-card details.
SECTION 5 — SHIPPING AND DELIVERY
Active Wear & Tear currently sells and ships to customers within the United States only.
Our products are printed to order through our fulfilment partners.
Estimated production and delivery times are provided on our website, during checkout or in our Shipping Policy.
Delivery dates and transit times are estimates rather than promises carved in stone.
We are not responsible for delays caused solely by shipping carriers, severe weather, natural disasters, customs procedures, disruption to transport networks or other circumstances genuinely outside our reasonable control.
However, this does not remove any rights you have under applicable law.
We aim to ship every order within the timeframe stated when you order.
If we discover that we cannot ship your order within the promised timeframe, we will notify you as required by applicable law and, where required, give you the opportunity to:
accept the revised shipping date; or cancel the affected order and receive a refund for the unshipped merchandise.
Where no specific shipping timeframe has been stated, we will comply with applicable US requirements concerning the time within which internet orders must be shipped.
Tracking information will normally be provided once your order has shipped.
Please make sure your shipping address is complete and accurate before submitting your order.
For more information, please see our Shipping Policy.
SECTION 6 — INTELLECTUAL PROPERTY
The content available through Active Wear & Tear — including our name, branding, logos, artwork, T-shirt designs, graphics, photographs, videos, text, slogans and website design — is owned by us, licensed to us or belongs to the relevant rights holder and is protected by applicable intellectual-property laws.
Our designs are there to be worn, enjoyed and occasionally laughed at.
They are not there to be copied.
Unless we give you prior written permission, you may not reproduce, copy, modify, distribute, republish, sell, commercially exploit or create derivative works from our protected content.
Purchasing one of our products does not transfer ownership of the intellectual-property rights in the artwork or design printed on that product.
The Active Wear & Tear name, branding, logos and other distinctive material may also be protected by trademark law.
Nothing in these Terms grants you any licence or ownership rights except where expressly stated.
All rights not expressly granted are reserved.
SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, features or services operated by third parties.
We do not necessarily control or monitor those tools and cannot guarantee their availability, performance or suitability.
Third-party tools may be provided on an “as is” and “as available” basis and may be subject to separate terms and privacy policies.
Your use of those tools is at your discretion and subject to any mandatory rights provided by applicable law.
We may introduce new tools, features and Services in the future. Unless stated otherwise, these Terms will also apply to them.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
We do not control those third-party websites and are not responsible for their content, accuracy, security, availability, products or practices.
Following a third-party link is at your discretion.
Before purchasing from or providing personal information to another business, please review its own terms and privacy policies.
Any complaint relating solely to a third-party product or service should normally be directed to the relevant third party.
SECTION 9 — OUR RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify.
Shopify provides technology and services that enable us to operate our store, but your purchase from Active Wear & Tear is a transaction between you and Active Wear & Tear, not between you and Shopify.
Shopify is not the seller of our products.
To the extent permitted by applicable law, Shopify and its affiliates are not responsible for our products, fulfilment or our obligations to you as the merchant.
Nothing in this section limits rights or remedies that cannot legally be excluded.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is powered by Shopify, Shopify also processes certain personal information relating to your use of our store.
Other service providers involved in areas such as payment processing, order fulfilment, shipping, analytics and marketing may also process information where necessary to provide their services.
Some of these organisations may be located in countries other than the country in which you live.
Please see our Privacy Policy for further information about what we collect, why we collect it, how it is used and the rights available to you.
SECTION 11 — REVIEWS, COMMENTS AND FEEDBACK
We welcome reviews, suggestions, photographs, comments and other feedback about Active Wear & Tear.
If you voluntarily submit content to us, you confirm that you own it or otherwise have the necessary rights to provide it.
Unless prohibited by applicable law, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish and adapt that content for purposes connected with operating, improving and promoting Active Wear & Tear.
This may include displaying genuine customer reviews or photographs on our website, advertising or social media.
Where required, you must disclose if you received payment, free products or another incentive in connection with a review or endorsement.
You may not submit content that:
is unlawful, threatening, abusive, defamatory, obscene or deliberately misleading; infringes another person's copyright, trademark, privacy or other rights; contains malicious software; impersonates another person; or falsely represents its origin.
We may remove or decline to publish content that we reasonably believe breaches these Terms or applicable law.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally something may slip through the net.
Our website may contain typographical errors, inaccuracies or omissions relating to product information, pricing, promotions, shipping costs, delivery estimates, availability or other information.
We may correct obvious errors and update inaccurate information at any time.
If an error materially affects an order you have already placed, we will deal with the order fairly and in accordance with applicable law, including offering cancellation and a refund where legally required.
SECTION 13 — PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use the Services to:
violate any applicable law or regulation; infringe our intellectual-property rights or those of another person; transmit malicious software; attempt unauthorised access to the Services or systems connected to them; interfere with the security or operation of the Services; unlawfully collect personal information; send spam or fraudulent communications; impersonate another person or organisation; submit deliberately false or misleading information; scrape or copy our Services in violation of applicable law or these Terms; or harass, threaten or abuse another person.
We may restrict or terminate access to the Services where we reasonably believe there has been a serious or repeated violation of these Terms.
SECTION 14 — SUSPENSION AND TERMINATION
We may suspend or terminate access to some or all of the Services where reasonably necessary, including where these Terms have been materially breached or where continued access presents a security, legal or fraud risk.
Termination does not affect rights or liabilities that arose before termination.
Any provisions that by their nature are intended to survive termination — including intellectual property, liability, governing law and dispute provisions — will continue to apply.
SECTION 15 — DISCLAIMER OF WARRANTIES
We aim to keep our website and Services accurate, secure and available, but cannot promise that they will operate uninterrupted or without occasional errors.
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We exclude warranties or conditions only to the extent that the law allows us to do so.
Nothing in these Terms excludes or restricts any guarantee, warranty, consumer protection or other right that cannot legally be waived or excluded.
SECTION 16 — LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms is intended to exclude or limit liability for fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Nothing in these Terms removes any mandatory consumer rights or remedies available to you under applicable law.
Subject to those protections, and to the fullest extent permitted by law, Active Wear & Tear will not be liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable when you entered into a contract with us.
We will not be liable for business losses suffered by somebody purchasing as a consumer, including loss of profit, revenue, business opportunity or commercial data.
Our responsibility for defective products, incorrectly supplied products and other consumer claims remains subject to any rights and remedies that applicable law requires us to provide.
SECTION 17 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Active Wear & Tear against reasonable losses, liabilities, claims and expenses arising directly from your unlawful misuse of the Services, deliberate infringement of another person's rights or material breach of these Terms.
This section does not make you responsible for losses caused by our own acts or omissions and does not limit rights available to you under mandatory consumer-protection law.
SECTION 18 — EVENTS OUTSIDE OUR CONTROL
We will not be responsible for a failure or delay in performing an obligation where that failure or delay is caused by events genuinely outside our reasonable control.
Such events may include severe weather, natural disasters, widespread carrier disruption, labour disputes, war, civil unrest, government restrictions, failures of major telecommunications or technology infrastructure, or significant disruption affecting our fulfilment partners.
Where an event affects an order, we will take reasonable steps to minimise disruption and will comply with any rights you have to cancel or obtain a refund under applicable law.
SECTION 19 — SEVERABILITY
If any part of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary.
The remaining provisions will continue to apply.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce it later.
These Terms, together with the policies incorporated into them, form the agreement between you and Active Wear & Tear concerning your use of the Services and purchases made through our store.
They replace any previous terms covering the same subject matter.
Nothing in these Terms is intended to exclude representations or rights that cannot legally be excluded.
SECTION 21 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written permission where consent is legally required.
We may assign or transfer our rights or obligations to another business where permitted by law.
If such a transfer materially affects your rights as a consumer, we will provide any notice or protection required by applicable law.
SECTION 22 — GOVERNING LAW AND JURISDICTION
These Terms of Service and any contract between you and Active Wear & Tear are governed by and construed in accordance with the laws of England and Wales.
If you are a consumer in the United States, nothing in these Terms is intended to deprive you of any mandatory consumer rights, protections or remedies available to you under applicable United States federal law or the law of your state of residence that cannot legally be waived or excluded by contract.
The courts of England and Wales will have non-exclusive jurisdiction over disputes arising from or connected with these Terms or the Services.
Nothing in this section prevents a consumer from bringing a claim before another court or authority where applicable law gives that consumer the right to do so.
SECTION 23 — CHANGES TO THESE TERMS
The latest version of these Terms will be available on this page.
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will apply from the effective date stated in the updated Terms and will not retrospectively remove rights that have already arisen.
Your continued use of the Services after revised Terms take effect constitutes acceptance of those revised Terms where permitted by law.
SECTION 24 — HEADINGS
Headings are included to make this document slightly less painful to navigate.
They do not alter the meaning of the Terms.
SECTION 25 — CONTACT INFORMATION
The seller and contracting party responsible for the Active Wear & Tear store is:
Darren Rose
Trading as: Active Wear & Tear
Business type: Sole trader
Established in: England, United Kingdom
Business address: Suite RA01, 195-197 Wood Street, London, E17 3NU, UK
Email: hello@activewearandtear.com
Questions about these Terms can be sent to:
For order enquiries:
For returns and refund enquiries:
If we are registered for VAT, our VAT registration number will also be displayed where required by law.