Terms of Sale

Mowaa Fitness Wear, Inc Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE MOWAA FITNESS WEAR, INC. PLATFORM. THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. ACTIVEWEAR, WORKOUT APPAREL, AND GYM GEAR PURCHASES MADE IN AUSTRALIA, CANADA, CHILE, EGYPT, INDIA, INDONESIA, ISRAEL, MALAYSIA, MEXICO, MOROCCO, NEW ZEALAND, PUERTO RICO, RUSSIA, SAUDI ARABIA, SINGAPORE, SOUTH AFRICA, TAIWAN, THAILAND, UNITED ARAB EMIRATES, AND VIETNAM ARE GOVERNED BY DIFFERENT TERMS.

If you are located in any of the following countries identified below, additional country-specific terms may apply to you. View these Terms at the end of these terms of sale. These additional terms override the Terms below to the extent of any inconsistency.

Argentina, Brazil, China, Costa Rica, Dominican Republic, Korea, and Uruguai.

Applicability

You are reading these Terms of Sale (“Terms of Sale”) because you are using a Mowaa website, digital experience, social media platform, mobile app, wearable technology, fitness wear, or one of our other products or services, all of which are part of Mowaa Fitness Wear Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.

These Terms are a legally binding agreement between you, Mowaa Fitness Wear, Inc and its affiliates (which we may refer to as “Mowaa”, “we”, “us”, or “our”) regarding your use of our Platform. These Terms will also govern any orders placed with Mowaa and/or its affiliates, in any of our Platforms; therefore we encourage you to read these Terms prior to placing your order.

Mowaa Fitness Wear may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us at info@mowaafitnesswear.com. Mowaa’s Terms of Use and Privacy Policy are incorporated herein by this reference.

Placing Orders on our Platform

Eligibility to Order

To place an order on our Platform, you must be of legal age in your country and a consumer – not a reseller.

No Purchase for Resale

This Platform is intended solely for Mowaa Fitness Wear to sell Mowaa products and third party products direct to end consumers (retail), therefore, purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Mowaa Fitness Wear products by someone who resells, or intends to resell, the Mowaa product to others (consumers, businesses or any third party). If Mowaa Fitness Wear, Inc. believes you are involved in purchase for resale outside the proper channels (see “Sell Our Products” sub-section below), Mowaa reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or also suspend or close your account.

Sell Our Products

If you would like to sell our products, please contact us for information on wholesale prices and drop shipping.

How To Order from Mowaa Fitness Wear

You need an e-mail address to place an order on our Mowaa website. You may also need to set your browser to accept both (functional) cookies and pop-ups in order to use all the functionalities of the Website. This includes adding items to your shopping cart and submitting your order.

When you place an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract containing these Terms of Sale comes into existence, and it is binding on you and us (the “Contract”). Please print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are not able to supply you with a product, we will inform you of this in writing and will not process the order.

We Reserve the Right to Reject Your Order or Cancel a Contract

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. Mowaa Fitness Wear, Inc. also reserves the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • product is not available / in stock;
  • billing information is not correct or cannot be verified;
  • order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under the legal age in your country;
  • we believe that you are a reseller;
  • there was an error in the price displayed on our Platform;
  • we could not deliver to the address provided by you;
  • due to an Event Outside Our Control (see below); or
  • in the event of misspelling, pricing or other errors or mistakes in the Platform information.

[See Argentina, Brazil and Uruguay Terms.]

Data Check

When you send us your order, we may also run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated, and if necessary prosecuted.

Title Transfer

The risk of loss and title for products purchased from Mowaa Fitness Wear pass to you upon our delivery to the carrier.

Price Changes

We do our best to keep our websites pricing current. However, from time to time, market conditions change the price of a particular product. Mowaa Fitness Wear, Inc. reserves the right to change prices on the site at anytime. If a site price is not correct on an item that you order, we will contact you at once with the current price or help you choose a different item.

Your Total Price

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. We recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

Currency

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates will depend on the country where your order is being shipped to. For details on shipping rates per country, visit our “Production and Shipping” information page.

Prices are quoted in your local currency. If you change the country of delivery while browsing or during check out, prices from that moment will be quoted in a different currency. Changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.

Payment

We do not accept any method of payment other than those listed in the checkout section. Do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

Payment Processing

Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders – see our wholesale page -, then we will start manufacturing and delivery of your fitness wear after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase might automatically be cancelled. Also, payments can only be processed if the billing information can be verified.

[See Dominican Republic Terms.]

Sales Tax

We are required to collect applicable sales tax for Florida customers (6% not including shipping). If your company or organization is a nonprofit, we need a copy of your tax exempt certificate. If you are a resaler, we need a copy of your resale certificate.

Conditions Applicable to Pre-Ordered Products

In this paragraph, we talk about pre-ordering. Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:

Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Therefore, standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. In conclusion, this information is best estimates only, timelines are not binding.

Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.

The scheduled retail launch date (product launch) for your pre-order product can also be found in the product description page on the Website.

Cancelling Order Before Delivery

You may cancel any order free of charge and without giving us any reason, provided it has not yet been produced. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link on your account page.

If the status of your order is “Pending” or “On Hold” you may cancel your order by contacting us by phone or email (see our “Contact” page). Our consumer service agents will request a cancellation of your order at our production warehouse. If successful, they will send you an email and the cancellation will be free of charge. In the event cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out on our “Returns and Exchanges” page.

[See Argentina, Korea, and Uruguay Terms.]

Events Outside Our Control

An Event Outside Our Control means any act or event beyond our reasonable control, including, but not limited to, without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract at this point if an Event Outside Our Control takes place and you no longer wish us to provide the products. See your cancellation rights under Cancellation above.

Other Important Terms

We may transfer our rights and obligations under a contract to another organization. However, This will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

In the event that we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you. If we delay in doing so, that does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing. That will does mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

Country-Specific Terms

If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms above.

Argentina

Placing Orders on our Platform

This section is modified as follows:

The sub-section above titled “Our Right to Reject Your Order or Cancel a Contract” is replaced in its entirety with the following:

“Fulfillment of all orders on the Platform is subject to availability. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • product is not available / in stock;
  • billing information is not correct or cannot be verified;
  • order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under 18;
  • we could not deliver to the address provided by you; or
  • due to an Event Outside Our Control (see sub-section above).”
Cancelling Order Before Delivery

The section above titled “Cancelling Order Before Delivery” is replaced in its entirety with the following:

You may cancel any order free of charge and without giving us any reason. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link on your account page.

You may cancel your order by contacting us. Our consumer service agents will request a cancellation of your order at our warehouse. If cancellation is not possible at this time, the product(s) will be delivered to you and may be returned in accordance with the procedure set out on our “Returns and Exchanges” page.

Brazil

Placing Orders on our Platform

This section is modified as follows:

The sub-section above titled “Our Right to Reject Your Order or Cancel a Contract” is replaced in its entirety with the following:

“Fulfillment of all orders on the Platform is subject to availability.  We reserve the right to cancel a Contract by written notice to you in the following situations:

  • product is not available / in stock;
  • billing information is not correct or cannot be verified;
  • order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are not of legal age;
  • we believe that you are a reseller;
  • your package could not delivered to the address provided by you; or
  • due to an Event Outside Our Control (see sub-section above).”

Dominican Republic

Placing Orders on our Platform

This section is modified as follows:

The sub-section above titled “Payment Processing” is modified by adding the following new section:

“Notwithstanding anything to the contrary in these Terms of Use, from the moment you place an order and the delivery of the product, you have three (3) days from the order date to cancel the order, free of charge. In addition, you may return your order within seven (7) days after receipt, without penalty.”

Uruguay

Placing Orders on our Platform

This section is modified as follows:

The sub-section above titled “Our Right to Reject Your Order or Cancel a Contract” is replaced in its entirety with the following:

“Fulfillment of all orders on the Platform is subject to availability. We reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • billing information is not correct or cannot be verified;
  • order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under the legal age in your country;
  • we believe that you are a reseller;
  • your package could not delivered to the address provided by you; or
  • due to an Event Outside Our Control (see sub-section above).”
Cancelling Order Before Delivery

The section above titled “Cancelling Order Before Delivery” is replaced in its entirety with the following:

You may cancel any order free of charge and without giving us any reason. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order at this time, please check the status of your order first by visiting the “Order status” link on your account page.

You may cancel your order by contacting us. Our customer service agents will request a cancellation of your order at our production warehouse. If cancellation is not possible at this point, the product(s) will be delivered to you and may be returned in accordance with the procedure set out on our “Returns and Exchanges” page.

Date of last revision: November 2018