Terms of Sales for Apparel and Garments

Pricing; Availability; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges if not otherwise specified are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes and shipping charges may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax and shipping rates.

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Sensoria reserves the right to collect such taxes or other fees from you at any time.

The shipping cost does NOT include the cost of customs. There may be import duties or fees the recipient is charged by the shipping company or their country's customs agency. The recipient, NOT Sensoria, is responsible for these and for any delivery delays associated with such fees. We cannot provide an estimate on how much this may be, as the shipping carriers don't provide this to us. While the shipping carrier sometimes notifies us that packages are being held for duties and taxes, you are responsible for arranging payment so don't rely on us to take care of this – the fee is not going to Sensoria or the shipping carrier and we have NO sway with your country's customs and import agencies. That said, we welcome any advice toward legal methods for limiting or avoiding such fees and for expediting this process, so if you have an account number with the shipper that you'd like the fees billed to or if you have any alternative address or agreement with your country's customs, feel free to give us any instructions or details necessary to make use of this. The bottom line is that, yes, you should assume there will be a fee and that you need to take care of it.

Errors

We attempt to be as accurate as possible and strive to eliminate errors; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the products, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

Pre-Orders

We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will charge you at the time of purchase and we will ship the product to you as soon as it becomes available.

Out-of-Stock Items

If the color, size or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the color, size or width is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our website at a later time as our inventory of products is subject to change.

Shipping & Handling; Export

You agree to pay any and all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the website are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown are estimates only and actual delivery dates and times may vary. You agree that you will not obtain or direct shipment of any product purchased through our website for export.

Payment; Credit for Refunds

Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the website, and all refunds will be credited to the same credit card. By submitting an order through the website, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the website). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

Returns and Exchanges

If the item you purchased from Sensoria is defective you can return it within the first thirty (30) days after your purchase, we will replace your product pursuant to our Return Policy. General information and instructions regarding returns, exchanges and refunds can be found in our Return Policy.

To return Sensoria products that you purchased from a U.S. retailer, please contact the retail store from which you purchased the product to determine its Return Policy. If the retailer is unable to assist you, please contact Sensoria Customer Service at customerservice@sensoriafitness.com within thirty (30) days of your purchase for return authorization.

To return unworn or unused Sensoria™ Fitness products that you purchased through the website, please package the products you purchased in their original packaging and return the products to us within thirty (30) days of purchase. To create a return shipping label, please follow the directions detailed in our Return Policy.

To return worn or used defective Sensoria products that you purchased from the Services, please contact our Customer Service at customerservice@sensoriafitness.com within thirty (30) days of purchase and we will replace or exchange your product pursuant to our Return Policy.

If a gift certificate, card, voucher, coupon or payment method other than a credit or debit card was used to pay the original price of the product you purchased, or if the purchase you made was part of a special offer that is not in effect when you make your return, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: (a) an exchange of merchandise for the item returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the credit card or other payment method used to pay for the product,. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

If you believe a product sold by Sensoria has a condition or defect that might make it unsafe, please report this safety concern immediately by contacting us by email at customerservice@sensoriafitness.com.

Complaints and Legal Notices

All complaints and legal notices should be mailed to Sensoria Inc., Attn: Legal, PO BOX 3324 Redmond, WA 98073-3324. If a law requires us to accept legal notices via email, call 425.636.8639 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

Limited Warranty

Sensoria products may be returned or service fees refunded in accordance with our Return Policy. THIS IS Sensoria' SOLE EXPRESS WARRANTY, WHICH SUPERSEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS AND/OR SERVICES THAT YOU RECEIVE FROM Sensoria. Sensoria EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, EXPRESS WARRANTIES AND CONDITIONS, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.

Disclaimers

Sensoria CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE 30-DAY PERIOD FOR RETURNS PROVIDED FOR IN OUR RETURN POLICY.

Some states do not allow limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Sensoria.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sensoria BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF Sensoria, WHETHER IN CONTRACT OR WARRANTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Sensoria AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Sensoria agree to arbitrate any dispute arising from these Terms or the sale and purchase of products or services from Sensoria, except that you and Sensoria are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Sensoria agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Seattle, Washington, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Sensoria also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and Sensoria will not commence against the other a class action, class arbitration or other representative action or proceeding.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.