Terms & Conditions

OVERVIEW

This website is operated by Ellie Gymwear. Throughout the site, the terms “we”, “us” and “our” refer to Ellie Gymwear. Ellie Gymwear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

PLEASE NOTE: If you do not agree to all the terms and conditions of this agreement, then you must not use the site or place an order. By placing an order on our site, you effectively enter into a contract subject to the below mentioned terms of service. If you have any questions about the below terms please contact our team via info@elliegymwear.com.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS
GENERAL CONDITIONS
MODIFICATIONS TO THE SERVICE AND PRICES
PRODUCTS OR SERVICES
ACCURACY OF BILLING AND ACCOUNT INFORMATION
ORDER CREATION, ORDER CHANGES & CONTRACT AGREEMENT
PREORDERS / PRESALES / COLLABORATION COLLECTIONS
SHIPPING & DELIVERY
DUTIES & TAXES
CHANGE OF MIND RETURNS : REFUNDS, STORE CREDIT & ONE TIME EXCHANGES
FAULTY RETURNS
PRICE MATCHING
PROMOTIONS & GIVEAWAYS
REWARD PROGRAMS
SOCIAL MEDIA
OPTIONAL TOOLS
MOBILE MESSAGING SERVICE
THIRD-PARTY LINKS
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
PERSONAL INFORMATION
ERRORS, INACCURACIES AND OMISSIONS
PROHIBITED USES
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
INDEMNIFICATION
SEVERABILITY
TERMINATION
ENTIRE AGREEMENT
GOVERNING LAW
CHANGES TO TERMS OF SERVICE
CONTACT INFORMATION

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SECTION 1 - ONLINE STORE TERMS

(a) By agreeing to these Terms of Service, you represent that you are at least 16 years of age and have given us your consent to allow any of your minor dependents to use this site.

(b) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

(d) A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

(a) We reserve the right to refuse service to anyone for any reason at any time.

(b) You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

(d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

(a) Prices for our products are subject to change without notice.

(b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

(c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - PRODUCTS OR SERVICES

(a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only.

(b) We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

(d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - ORDER CREATION & CHANGES, CONTRACT AGREEMENT & REFUSAL OF SERVICE

6.1 ORDER CREATION

By submitting an order on Ellie Gymwear you agree to enter into the terms of service outlined in this agreement. Order confirmation does not mean your order has been accepted. Only once you have received a shipping confirmation does that mean Ellie Gymwear has accepted to enter into a contract with you to fulfill the terms of service as outlined in this agreement.

By submitting an Order on Ellie Gymwear you also permit us, before accepting and processing your Order, to perform security checks and, where we feel necessary, prove you are the authorized card/account holder.

Orders placed in our International store will be charged in USD. Your banking provider may charge you a conversion fee which is in no way associated with Ellie Gymwear. We do not offer refunds for this fee.

6.2 ORDER CHANGES

If you have made an error with your order please contact our team immediately via info@elliegymwear.com Our team will be unable to assist with changes if your order has already been dispatched from our warehouse. In this case you will need to wait for the order to arrive and process an exchange or return. Ellie Gymwear will not be held liable for the return fees should this occur.

If you have entered the incorrect address, we cannot be held liable for any misdelivered or lost parcels. If our team is unable to update this for you prior to dispatch, you must contact the courier to organise a redirect.

If you wish to cancel your order, please contact our team immediately via elliegymwear@gmail.com. Once the parcel has been packed by the warehouse, it cannot be canceled and the order must, instead, be returned to us in accordance with the returns policy. Ellie Gymwear will not be held liable for the return fees should this occur.

Ellie Gymwear is not required to supply the products within your order until we have accepted and entered the contract of agreement. In rare cases, our team have the right to deny your order for any of the following reasons which include but are not limited to:

Unavailable stock - in which case Ellie Gymwear will contact you via the email address on your order to offer a solution.
We suspect your order is fraudulent
You have a previous un-returned instant exchange order which we have failed to charge you for
The promotion applied to your cart is not eligible.

Should we cancel and refund your order due to any of the above mentioned reasons and beyond, we are unable to guarantee access to stock.

SECTION 7 - SHIPPING & DELIVERY

We offer free standard shipping on orders over $150 USD. Please note, this refers to the total of your order paid. If a discount code is used to bring your order below this threshold, you will not be eligible for free shipping.

All orders will be dispatched between Monday-Friday within 7 business days, except in cases where there are national holidays. Please be aware that orders placed during national/public holidays may experience longer processing and delivery times. Please allow for a minor dispatch delay on launch days and sale days as we work to pick and pack high order volumes.

Our couriers may contact you via email or phone in regards to your delivery. We cannot be held responsible for delays should you be uncontactable. In cases where your parcel is returned due to being uncontactable, the return shipping fees will be deducted from your order value.

7.1 Missing deliveries:

Please ensure a safe delivery location for your order. Ellie Gymwear is not responsible for missing or stolen parcels. In the event your parcel is missing upon delivery, please contact the courier for proof of delivery as our shipping options allow delivery to a safe place. If proof of delivery is provided and you are still unable to locate your parcel, please info@elliegymwear.com for further assistance. Please know we cannot refund a missing but delivered parcel. If a replacement is offered, it will not be eligible to return for refund. In order to be eligible for replacement, your missing parcel claim must be lodged with Ellie Gymwear within 30 days of delivery.

Ellie Gymwear does not accept responsibility for parcels handed over to freight forwarding services. Should you wish to use this type of service to complete your end mile delivery, this will be at your own risk. The customer will also be responsible for all return fees back to our warehouse when such service is used.

7.2 Missing Items from Deliveries:

If on arrival, you notice there is an item missing from your order, please ensure you take photos of the packaging this arrived in along with a photo of the items received and email us at elliegymwear.com within 7 days of delivery. All orders are scanned and weighed to ensure order accuracy. Our warehouse pick and pack area is also under camera surveillance which we review in these cases. We do not offer refunds for missing items should our evidence indicate all items were fulfilled.

7.3 Damaged deliveries:

If your parcel arrives damaged, please immediately take a photo and send this through to our customer experience team within 7 days of delivery. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments. Ellie Gymwear is not responsible for damage caused by this.

SECTION 8 - DUTIES & TAXES

Items for delivery outside of US may have to be cleared through customs and be subject to duties and taxes levied by the destination country. Ellie Gymwear does not have control over these fees and cannot estimate how much these will be as they vary widely per country.

Please note that duties are charged according to the value of your parcel, discount codes, store credits and gift cards are not taken into consideration.

It is your responsibility to contact your local Customs office for more information on charges for your country prior to purchasing.

Duties and Taxes are non-refundable as they are required for import by the Governmental body of your country and Ellie Gymwear does not collect or handle these fees.

Should you refuse to pay these fees and request your parcel to be returned to sender, you are liable for the return cost which will be deducted from your refund. CSB is not responsible for this return cost.

Custom duties and taxes will apply to Exchange orders.

SECTION 9 - CHANGE OF MIND RETURNS : REFUNDS, STORE CREDIT & ONE TIME EXCHANGES

If you are not in love with your Ellie Gymwea pieces, we offer the option to return the item back to us. Your pieces can be returned within 30 days of your delivery date and must meet our return requirements below.

In order for your item(s) to be accepted upon return it must meet the following criteria:

must be unworn, unwashed and in the original packaging with tags attached.
must be free of perfume, body odor, deodorant or washing powder.
must be free of make-up, tan marks, glitter and pet hair.
must not be final sale (items discounted 40% or more)

Please note:

Original shipping fees are non-refundable. Discount codes are equally applied to each item in your order and are non refundable.

Ellie Gymwear has the right to reject returns that do not meet the above requirements. In this case, the items will be sent back to you and fees will be recovered.

If items are missing from the return, Ellie Gymwear will engage a 3rd party service to retrieve outstanding funds.

9.1 Refunds:

First time customers are eligible for a refund (in addition to exchange/store credit) on their first purchase only. A return fee is applicable on all refunds. The refund will be eligible via the return portal.

If this is not your first purchase, or you are returning an exchange order, a refund will not be eligible. According to ACCC we are not obligated to refund for a change of mind.

Refunds are sent back to your original payment method used. Discount codes & Loyalty discount rewards are forfeited on refunds and cannot be reissued. Original shipping fees are non-refundable.

9.2 Store Credit:

All orders* are eligible for return for store credit. Store credit is available for 3 years from date of issue.

Store credits and gift cards are not refundable and cannot be transferred to cash or refund. Discount codes & Loyalty discount rewards are forfeited on returns for store credit and cannot be reissued.

9.3 Size Exchanges:

All orders* are eligible to be returned for a one time size exchange. We only offer one exchange per order, if you are returning an exchange, this will be eligible for store credit only.

Ellie Gymwear does not guarantee stock for your exchange order, it is subject to availability. Your exchange order will only be processed once your return is in transit back to us.

9.4. Final Sale return policy:

If an item is listed as final sale on our site, this means your item is not eligible for any sort of return which includes refund, exchange or store credit.

Please note, returns cannot be booked via our app, our system can only allow 10 items to be exchanged per return booking. Duties and taxes are not included for exchange orders.

9.5 Return Shipping Cost:

If the customer receive the wrong item , or if there is manufacturing defects, the return shipping cost will be covered by Ellie Gymwear.

Otherwise, return shipping costs are at the customer expense and will be deducted from the final refund amount. Customers are required to cover return shipping costs

Please note that shipping fees are non-refundable. Moreover if the customer benefit from free shipping on their initial order the initial shipping cost will be deducted from the final refund amount.

In the event of using a freight forwarding service, the customer will be responsible for all return fees to our warehouse.

SECTION 10 - FAULTY RETURNS

We pride ourselves on providing high-quality and durable pieces for our customers, on the rare occasion you receive an item that appears to have a defect, please immediately email our customer service team via elliegymwear@gmail.com In order to assist the return process, you will be required to send us photos of the fault for assessment by our product team. You may be asked to ship back the faulty item or provide further information to support your claim to assist us with our assessment of the goods. We ask that you do not wear, use or dispose of the item until the faulty claim has been finalised.

Once the assessment has confirmed a manufacturer fault, we will replace, credit or refund the item.

If, in our assessment, the team does not classify your item as faulty but rather has become of unacceptable quality due any of the below mentioned reasons, Ellie Gymwear will not be liable to provide a replacement or any sort of compensation:

General wear and tear
Misuse
Failure to wash before wear
Failure to wash & care in accordance with instructions

SECTION 11 - SOCIAL MEDIA & UGC

By tagging @elliegymwear on social media platforms, you acknowledge and agree that the content may be used on Ellie Gymwear's social media, emails/SMS and on the as seen on section of our site, and you grant us permission to use your name or social media handle in association with the content for your identification.

By posting and tagging Ellie Gymwear you consent to the following:

Your Content and social media handle may be featured across our social media platforms as well as our Site;
You comply with the terms & conditions of the platform;
You own all rights to your content and have consent from any other persons featured in your Content;
Ellie Gymwear may modify your Content without notice
Ellie Gymwear will not be liable for any demands by a third party related to our use of your Content.

SECTION 12 - OPTIONAL TOOLS

(a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

(b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

(c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

(d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

(c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS

(a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

(b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

(b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

(c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you

(d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

(e) In no case shall Ellie Gymwear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elllie Gymwear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

(b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

(c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21- ENTIRE AGREEMENT

(a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

(b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Illinois, United States of America

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24- CONTACT INFORMATION

email: info@elliegymwear.com

Last updated 25/03/2025