Terms of Service
OVERVIEW
This website and online store are operated under the Defwear brand.
Throughout this website, the terms “Defwear”, “we”, “us” and “our” refer to the operator of the Defwear online store.
Defwear provides this website, including the information, tools, products and services available through it, subject to these Terms and Conditions and the policies referred to on this website.
By visiting our website, creating an account, placing an order or purchasing products from us, you agree to these Terms and Conditions (“Terms”).
These Terms apply to users of the website, including visitors and customers.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms affects or limits any statutory rights that you have as a consumer under applicable UK consumer protection law.
We may update these Terms from time to time. Changes will normally apply to future use of the website and future orders and will not remove rights that have already arisen under an existing contract.
SECTION 1 – ONLINE STORE TERMS
You may use the Defwear website only for lawful purposes.
You must not:
- Use the website or our products for unlawful or fraudulent purposes
- Violate applicable intellectual property laws
- Introduce viruses, malware or other harmful code
- Attempt to interfere with the security or proper operation of the website
- Use the website in a way that infringes the rights of another person
We may restrict or terminate access to the website where reasonably necessary because of unlawful activity, fraud, security concerns or a material breach of these Terms.
SECTION 2 – GENERAL CONDITIONS
We may refuse or cancel an order where there is a legitimate reason to do so, including:
- Suspected fraud
- Payment failure
- Incorrect pricing caused by an obvious error
- Product unavailability
- Violation of purchasing restrictions
- Incorrect or incomplete customer information that prevents fulfilment
- Suspected resale or other misuse of the website
Where we cancel an order after payment has been taken, any amount properly due back to you will be refunded to the original payment method.
Nothing in this section gives us the right to discriminate unlawfully against customers or to interfere with statutory consumer rights.
Information transmitted through the website may pass through different technical networks.
Payment information is processed using secure payment technologies and/or third-party payment providers.
You must not reproduce, resell or commercially exploit the website or its content without our permission, except where permitted by law.
SECTION 3 – PRODUCT AND WEBSITE INFORMATION
We aim to ensure that product descriptions, prices, images, availability and other information displayed on our website are accurate and up to date.
However, minor errors or technical inaccuracies may occasionally occur.
We may correct genuine errors and update information where necessary.
Product colours may appear slightly different depending on your screen, device settings and lighting conditions.
These provisions do not affect your rights if goods are:
- Faulty
- Not as described
- Not of satisfactory quality
- Not fit for a particular purpose made known to us
Products supplied to UK consumers remain subject to the rights and remedies provided by applicable consumer law.
SECTION 4 – PRICES
Prices shown on the website may change from time to time.
The price applicable to an order will normally be the price shown when you place that order, subject to the rules concerning obvious pricing errors.
Any applicable shipping charges will be displayed before you complete your purchase.
We will not retrospectively increase the agreed price of an accepted order.
SECTION 5 – PRODUCTS
Certain products may be available exclusively online.
Availability may be limited, and products may be discontinued from time to time.
We may reasonably limit quantities purchased by an individual customer where necessary to prevent fraud, abuse or unauthorised resale.
Our products are subject to our Return & Refund Policy and your statutory consumer rights.
Nothing in these Terms limits your legal rights concerning goods that are faulty, damaged, misdescribed or otherwise fail to meet statutory requirements.
SECTION 6 – ORDERS AND CONTRACT FORMATION
When you place an order, you are making an offer to purchase the products in your basket.
After receiving your order, we will normally send an order acknowledgement or confirmation email.
The point at which a legally binding contract is formed may depend on the wording of the confirmation sent to you and our checkout process.
We reserve the right not to accept an order before a contract has been formed where there is a legitimate reason, including product unavailability, payment problems or an obvious pricing error.
Before submitting your order, you are responsible for checking that:
- The products are correct
- The quantity is correct
- The delivery address is correct
- Your contact information is accurate
- Your payment information is correct
If you notice an error after placing an order, please contact us as soon as possible:
SECTION 7 – SHIPPING AND DELIVERY
Defwear currently offers the following shipping options:
Standard Shipping: £3.99
Express Shipping: £8.99
Free Standard Shipping on orders of £69.99 or more
Available shipping methods may depend on the delivery destination and other logistical factors.
The applicable shipping cost will be shown during checkout before payment is completed.
Unless a different delivery period has been agreed with you, goods should be delivered without undue delay and normally no later than 30 days after the contract is concluded, subject to applicable law.
Estimated delivery dates are estimates rather than guaranteed dates unless expressly stated otherwise.
Delivery may occasionally be affected by:
- Carrier delays
- Severe weather
- Public holidays
- Customs procedures
- Incorrect delivery information
- Events outside our reasonable control
Please review our Shipping Policy for further information.
SECTION 8 – RIGHT TO CANCEL ONLINE ORDERS
If you are purchasing as a UK consumer through our online store, you will normally have a statutory right to change your mind.
For most eligible goods, you may notify us that you wish to cancel within 14 days after receiving the goods, without giving a reason.
After notifying us of cancellation, you normally have a further 14 days to return the goods.
To exercise your cancellation right, contact:
The right to cancel may not apply to certain categories permitted by law, including certain:
- Personalised or made-to-order products
- Goods that deteriorate rapidly
- Sealed hygiene-sensitive goods once unsealed
- Other legally exempt products
Full details are provided in our Return & Refund Policy.
Nothing in this section limits your rights concerning faulty or misdescribed goods.
SECTION 9 – RETURNS AND REFUNDS
Eligible returns are handled in accordance with our Return & Refund Policy.
For statutory cancellations of eligible online purchases, refunds will be handled in accordance with applicable UK consumer law.
Where required by law, this may include refunding the basic cost of standard delivery originally paid.
If you chose a more expensive delivery method, such as Express Shipping, we are generally not required to refund the additional amount above the cost of our standard delivery service.
We may be entitled to reduce a refund where the value of returned goods has been diminished because you handled them beyond what would reasonably be permitted when examining them in a shop.
Where permitted by law, we may wait until we receive the returned goods or receive evidence that they have been sent back before issuing the refund.
Refunds will normally be made to the original payment method.
Please consult our Return & Refund Policy for detailed procedures and return instructions.
SECTION 10 – BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate information when placing an order.
This includes:
- Your full name
- Billing information
- Delivery address
- Email address
- Contact details
- Payment information
You should promptly update information if it changes.
We may take reasonable steps to verify transactions to help prevent fraud and protect customers.
SECTION 11 – PAYMENT
Available payment methods will be displayed at checkout.
Payments may be processed by third-party payment providers.
Where a third-party payment provider processes your payment directly, Defwear generally does not directly store your complete payment card number.
Your bank, card issuer or payment provider may carry out additional verification.
Please do not send full payment card numbers, security codes or other sensitive payment information by email.
SECTION 12 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to services or tools supplied by third parties.
Such services may be governed by the third party's own terms and privacy policies.
To the extent permitted by law, we are not responsible for the independent operation of third-party platforms that we do not control.
Nothing in this section excludes responsibility that cannot lawfully be excluded.
SECTION 13 – THIRD-PARTY LINKS
Our website may contain links to websites operated by third parties.
These websites are separate from Defwear and may have their own terms, privacy policies and business practices.
We are not responsible for third-party websites merely because we provide a link to them.
Before purchasing products or services from a third party, you should review its applicable terms and policies.
Questions relating to third-party goods or services should normally be directed to the relevant provider.
SECTION 14 – USER COMMENTS, REVIEWS AND SUBMISSIONS
Where our website allows users to submit reviews, comments, suggestions, photographs or other content, you must ensure that the content:
- Is lawful
- Is accurate where it makes factual claims
- Does not infringe intellectual property rights
- Does not violate privacy rights
- Is not defamatory, abusive, threatening or obscene
- Does not contain malware or malicious code
You remain responsible for content you submit.
Where reasonably necessary, we may moderate or remove unlawful or inappropriate content.
Any licence you give us to use submitted content will be subject to applicable law and any terms presented when the content is submitted.
SECTION 15 – PERSONAL INFORMATION
Our collection and use of personal information are governed by our Privacy Policy.
Where UK data protection law applies, personal data will be handled in accordance with applicable legal requirements.
Please review our Privacy Policy for further information about:
- What personal data we collect
- Why we use it
- How long we keep it
- When it may be shared
- Your data protection rights
- How to contact us about privacy matters
SECTION 16 – ERRORS AND OMISSIONS
Occasionally, information on the website may contain typographical errors, technical errors or omissions concerning:
- Product descriptions
- Prices
- Promotions
- Shipping charges
- Delivery estimates
- Product availability
We may correct genuine errors.
If an error materially affects an order you have already placed, we will take reasonable steps to contact you and provide an appropriate solution.
Nothing in this section permits us to remove or restrict statutory consumer rights.
SECTION 17 – PROHIBITED USES
You must not use the website:
- For unlawful purposes
- To encourage unlawful activity
- To infringe intellectual property rights
- To harass, abuse or threaten others
- To submit fraudulent or deliberately misleading information
- To distribute malicious software
- To interfere with website security
- To unlawfully collect personal information
- To carry out unauthorised scraping or automated attacks
- To impersonate another person
We may suspend access where reasonably necessary to protect customers, the website or our legal rights.
SECTION 18 – WARRANTIES AND LIABILITY
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
In particular, nothing in these Terms excludes or limits liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Liability that cannot legally be excluded under applicable product safety law
- Breach of statutory consumer rights
- Any other liability that cannot lawfully be excluded
If you are a consumer, products supplied by Defwear remain subject to all mandatory rights under the Consumer Rights Act 2015 and other applicable United States consumer legislation.
Written consumer terms must be fair and transparent, and unfair terms may not be enforceable against consumers.
We are not responsible for losses that were not reasonably foreseeable when the contract was formed, except where the law provides otherwise.
Nothing in these Terms is intended to reduce any remedy available to you under mandatory consumer law.
SECTION 19 – INDEMNITY
If you use the website for commercial purposes or submit unlawful content, you may be responsible for losses directly caused by your unlawful conduct or material breach of these Terms, to the extent permitted by law.
This section does not require individual consumers to indemnify Defwear for matters for which such an obligation would be unfair or unenforceable under UK consumer law.
SECTION 20 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue to apply where legally possible.
SECTION 21 – TERMINATION
You may stop using our website at any time.
We may restrict or terminate website access where reasonably necessary because of:
- Fraud
- Illegal activity
- Security threats
- Serious or repeated breaches of these Terms
Termination of website access does not affect rights and obligations that arose before termination.
It does not remove your statutory rights relating to an order already placed.
SECTION 22 – ENTIRE AGREEMENT
These Terms, together with the policies expressly incorporated into them, govern your use of the Defwear website and purchases made through it.
Nothing in this section excludes representations or rights that cannot legally be excluded.
If a consumer term is capable of different interpretations, applicable consumer law may require the interpretation most favourable to the consumer.
SECTION 23 – GOVERNING LAW AND JURISDICTION
These Terms are intended to operate in accordance with applicable UK law.
If you are a consumer residing in England or Wales, these Terms are generally governed by the laws of England and Wales.
If you live in Scotland or Northern Ireland, you continue to benefit from any mandatory consumer protections applicable in your part of the United Kingdom.
Nothing in these Terms deprives a consumer of mandatory legal protections or any right to bring proceedings in a court that applicable consumer law makes available to them.
The previous wording stating that this agreement was governed by United States law and Colorado law has therefore not been retained for the UK-facing Defwear store.
SECTION 24 – BUSINESS INFORMATION
Trading Name: Defwear
Customer Service Email: service@defwear.com
If MINTIML TECHNOLOGY INC is genuinely the legal entity operating Defwear, you should display its real legal company name and registered business address here.
If it is not the actual operator of Defwear, do not keep the original:
WS TRADING COMPANY LTD
6161 S Syracuse Way Ste 320, Greenwood Village, CO 80111
on the UK Defwear website simply as template text.
The legal business information displayed to customers should match the actual contracting seller.
SECTION 25 – CHANGES TO THESE TERMS
You can review the latest version of these Terms on this page.
We may update these Terms where reasonably necessary, including because of:
- Changes in law
- Changes to our services
- Security requirements
- Technical changes
- Changes to our business processes
Updates will normally apply prospectively.
We will not use changes to these Terms to retrospectively remove statutory rights that already apply to an existing consumer contract.
CONTACT US
If you have questions about these Terms, your order or our policies, please contact:
Defwear Customer Service
Email: service@defwear.com
Company Name: WS TRADING COMPANY LTD
Company Address: 6161 S SYRACUSE WAY STE 320 GREENWOOD VILLAGE,CO 80111
NOTE:
The company address above is not automatically the return address. Please contact our customer service team before sending a return so that we can provide the correct return instructions and, where applicable, the appropriate return address.
- Choosing a selection results in a full page refresh.