Terms & conditions

WearWings is a subsidiary Brand & Trademark of Fir-Tex Ltd.

PLEASE REVIEW THESE TERMS & CONDITIONS CAREFULLY BEFORE USING/VISITING THIS WEBSITE because they govern your use of the site(s) of FIR-TEX Ltd. These Terms & Conditions apply to all visits by the user to our site(s) and its content, information, recommendations and services provided to you as user/visitor of the site(s). By accessing and using the FIR-TEX site(s) you accept and consent to these Terms & Conditions in their entirety and also to all the other applicable laws or regulations that apply to the website(s), the Internet and/or the World Wide Web. If you do not agree to these Terms & Conditions in their entirety please leave the site and do not use it. FIR-TEX Ltd. may at any given time update these Terms & Conditions by updating this posting and by using this site, you agree to be bound by any such changes.

Copyright

All the contents which are included in this site and the website(s) of FIR-TEX are and remain owned by FIR-TEX Ltd. This concerns and includes, but not limited to, text, graphics, logos, images, buttons, code, audio and video files and other content protected under international copyright laws, which remain the property of FIR-TEX Ltd. or its content suppliers. All software on this website is the property of FIR-TEX or its software suppliers. Except if it is otherwise indicated in a specific document within this site you are authorized to view, download, listen, view or print documents or files solely for personal, informational and non-commercial use or to complete your purchase of a product on our site. You may not modify any of this material and you may not copy it. Any other use of the documents and information mentioned above, not limited to the reproduction, publishing, display, transfer, use or sell of the content of this site is strictly prohibited, unless you have prior written authorization from FIR-TEX Ltd. after you have done a written request to obtain such an authorization. By visiting this website you agree not to change or remove any of the proprietary notices, copyright or trademarks on any of the material you have obtained/downloaded from FIR-TEX and its website(s). FIR-TEX respects the intellectual property of others and if you believe that your work has been copied in any way which constitutes copyright infringement, please contact us at copyright@fir-tex.com.

Trademarks and Intellectual Property

All trademarks, service marks and trade names of FIR-TEX used in this site (including but not limited to the word “FIR-TEX” and the FIR-TEX logo) are trademarks or registered trademarks of FIR-TEX Ltd. You may not use, copy, post, transmit, distribute, upload, republish or modify these trademarks without prior written consent from FIR-TEX Ltd. All other intellectual property, including but not limited to patents issued or pending are the sole and unique property of FIR-TEX Ltd. and/or its licensors. All trademarks not owned by FIR-TEX Ltd. or its affiliates that appear on this website are the property of their respective owners, who may or may not be connected or sponsored by FIR-TEX Ltd. or its affiliates.

Disclaimer

The content of this site and the site as a whole are provided by FIR-TEX Ltd. “AS IS” and without any warranties of any kind, express or implied, including without limitation and not limited to, implied warranties of satisfactory quality or merchantability, fitness for a particular purpose or non- infringement of intellectual property, to the fullest extent permitted by law. The information provided by the site is purely for general information purposes only and does not constitute advice. FIR-TEX Ltd. does expressly disclaim any obligation to revise or update the content and materials on the site but FIR-TEX may, at any given time, modify the content without notice. FIR-TEX does not guarantee that the information and/or facilities contained in the site are complete or current, accurate, that the site will be error free and uninterrupted or that the site or the servers it resides on is free of viruses or any other harmful components. FIR-TEX Ltd., or any of its officers, directors, agents or affiliates are not liable for any loss or damages of any kind, whether negligent or not, arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. FIR-TEX reserves the right to remove, suspend or amend the whole or any part of the website at any given moment without notice and without incurring any liability. Your use of the site is thus at your sole risk, for which you assume full responsibility in regards to any costs associated with your use of the site(s) of FIR-TEX Ltd.

Product disclaimer

The products sold by FIR-TEX Ltd. have a very specific destination and this must be respected at all times, they can only be used in official competitions/tournaments if purchased in such a way, this is the case for the Fir-Vest for Sports which is especially made/designed for the use in competitions. In the case of a professional use of FIR-TEX products and technology, the user authorizes FIR-TEX to communicate this in the press, its own website and any other publication deemed interesting by Fir- Tex Ltd. The use of FIR-TEX products is not meant to cure illnesses; it does not cure and has not been tested for such use.

Links to third parties (websites)

For a better experience, for your convenience and an increased value to our visitors the website(s) of FIR-TEX may contain links to other websites which are not under the control of FIR-TEX Ltd. and are owned by third parties. These sites are thus “off” the FIR-TEX website(s) and FIR-TEX Ltd. can never be held responsible or liable for the contents of these third party websites, even if this site is an affiliate of FIR-TEX. These sites have their own separate Privacy Policy and Terms & Conditions and we provide these links for your convenience only and thus you access them at your own risk. We strongly advise you to check their Privacy Policy and Conditions & Terms of Use before entering them.

Omissions, errors and inaccuracies

Omissions, (typographical) errors or inaccuracies related to product descriptions, promotions, pricing, offers and availability can occasionally happen. We reserve the right to correct any omissions, errors and/or inaccuracies and change, update or cancel orders if any of the information on the site(s) is inaccurate at any time without prior notice (even if this happens after you have submitted your order to us).

Buying, orders, products

When buying or ordering a product on our site please read the Terms & Conditions that will apply to those orders/purchases on top of these Terms & Conditions. You will find a link to these (separate) Terms & Conditions on the page where you place your order.

All orders placed through the site are subject to FIR-TEX’s acceptance, which is in its sole discretion. FIR-TEX reserves the right, without limitation, to refuse any order that is placed with us and we may, at our own discretion, cancel or limit the quantities ordered per buyer, household or per order. This applies whether the order has been confirmed or not and this can be for any or no reason without any liability to you or any third party. These restrictions may apply on any orders, but not limited to, using the same customer account, the same billing/delivery address or the same credit card at the time the order was placed. We also reserve the right to cancel, limit or prohibit any orders that seem to be coming from dealers, resellers or distributors other than those accredited by FIR-TEX.

It is strictly forbidden to change the intended/final use of the products sold on the website and it is strictly prohibited for the brands associated with FIR-TEX to make copies of the products Fir-Vest and Fir-Eq.

Buyers have an eight (8) day “window”, from the moment they receive their product, to return, at their costs, the merchandise they bought and request a full refund. For that purpose please use our online form or if you are unable to use that form then return it to our head office at the following address:

FIR-TEX Ltd.
1, Kastoros Street Appt#301
P.O. BOX 16292
1087 NICOSIA
CYPRUS

The full amount paid minus an administration fee will be reimbursed if no damages have been observed on the bought item and if it is in the original (opened) packaging and the head office have been properly advised about this return of merchandise. This return policy can be extended to a thirty (30) day window if the user sends us a weekly report about his/her experience(s) with the FIR- VEST, not complying to this obligation voids the extra twenty-two (22) days.

Local/country distributors and direct sales may have different return conditions.

Privacy

You consent to FIR-TEX Ltd. the use and the processing of any personal data supplied by yourself to us or collected by us in relation to the use of this site by yourself or an order placed with us by any means as stated in our Privacy Policy which you can find on our website.

Submitted Information by user

At FIR-TEX Ltd. we welcome your information and comments about our products and services such as, but not limited to, user comments, feedback, testimonials and any other submission. You agree that FIR-TEX is free to use any of those comments, information, proposals, plans or (creative) ideas contained in any communication that you may send to us through email, online forms, by postal mail or other ways without any notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other product or services. You grant to Fir- Tex a royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such comments or other content throughout the world in any media. This means that you also grant FIR-TEX Ltd. and its affiliates the right to use any name that was submitted with this content or comment. You represent and warrant that you own or otherwise control all of the rights to the comments and other content that you post on this website or in these emails send to us and that use of it by FIR-TEX Ltd. or its affiliates will not infringe upon or violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right. FIR-TEX does not take any responsibility whatsoever and assumes no liability for any comments or content posted by you or any third party.

Limitation of Liability

FIR-TEX Ltd. shall not be liable for any special, incidental, indirect or consequential damage that is the result of the use of, or the inability to use, the materials on this site or the performance or possible beneficial effects of the products purchased through the site, even if FIR-TEX has been informed or advised of the possibility of such damages.

Each and every person purchasing a product from FIR-TEX having current or past health problems should always contact a medical body or physician to discuss the use of any FIR-TEX products to understand and learn if this use may be harmful for their health. FIR-TEX Ltd. can never be held accountable for any damages or claims sustained to your health by the use of a FIR-TEX product. Applicable law may in some cases not allow the limitation of exclusion of this liability or incidental or consequential damages, in which case the above limitations or exclusions may not apply to you.

(Mis)use of website

You may not, without a written authorization by FIR-TEX Ltd., reproduce, duplicate, copy sell or otherwise exploit any content of this website for any commercial purpose. FIR-TEX reserves the right to refuse service, cancel orders and/or terminate accounts at its own discretion and without any limitations if it believes that the user’s conduct violates applicable laws or is harmful to the interests of FIR-TEX Ltd. or its affiliates.

It is forbidden to use the site to post or transmit any material which is or may be threatening misleading, infringing, false, inflammatory, invasive of privacy, libelous obscene, pornographic abusive, discriminating, illegal or any material that could constitute or encourage conduct that is or would be considered as a criminal offence, violates the right of any (third) party or which may in any other way give rise to civil liability or violate any law. You may also not use the website to advertise or perform any commercial solicitation.

Miscellaneous

We reserve the right to make changes to our website(s) and the mentioned disclaimers, Terms & Conditions and Privacy Policy at any given time by posting on this website without any other notice. When you access to this website after any of the above mentioned changes have been posted on it, this constitutes your full agreement to these “modified” Terms & Conditions and all changes.

The English version of the Terms & Conditions shall always prevail over any other language version which may be provided for information purpose only.

If any of these Terms & Conditions is invalid or unenforceable, the remainder of the Terms & Conditions will continue to be in full effect and the invalid or unenforceable Terms & Conditions will be deemed superseded by a valid, enforceable one that matches the original one in its closest possible way.

All rights not expressly granted herein are hereby reserved. These Terms & Conditions supersede any prior contemporaneous communication between this website or any of its affiliates and yourself regarding this website and its content.

Indemnification

You agree to defend, indemnify and hold FIR-TEX Ltd., its directors, agents, employees, officers, suppliers and licensors from and against any and all losses, claims, damages, costs and expenses, including (reasonable) attorneys’ fees, arising and resulting from or related to any violation of these Terms & Conditions and/or any activity that is related to the use of this website through your Internet account, including negligent or wrongful conduct, by you or any other person accessing this site through your Internet account.

Jurisdiction and applicable Law

The use of this website is governed by the laws of Switzerland, without regard to any conflict of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this site, including but not limited to the purchase of FIR-TEX products, shall be resolved individually, without resort to any form of class action, and exclusively in Switzerland. Any claim or cause of action that you may have with respect to the site or the purchase of a FIR-TEX product must be commenced within one (1) year after the claim or cause of action arises.

To avoid excessive costs of litigation for both parties, in time and money, both you and FIR-TEX Ltd. agree to the following dispute resolution procedure:

Above notification shall be sent to:

FIR-TEX Ltd. at:

FIR-TEX Ltd.
1, Kastoros Street Appt#301
P.O. BOX 16292
1087 NICOSIA
CYPRUS

You at: last used billing address

Both you and FIR-TEX Ltd. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filling any claim against the other party.

Termination

These Terms & Conditions are applicable to you upon the moment you access the site(s). Either FIR-TEX or you may terminate these Terms & Conditions at any given time in which case you are prohibited to use the site. The provisions, liabilities and obligations related to Copyright, Disclaimer, Trademarks and Intellectual Property, Limitation of Liability and Indemnification incurred prior to this termination shall survive any termination.

Changes to this Terms & Conditions

The content of these Terms & Conditions may be changed for whatever reason at any given time, sometimes for changes in local or worldwide regulations or just because the possibilities and improvements on the internet oblige us to do so. We reserve the right to make these changes and we strongly advise you to regularly check this policy and its content as you are bound by these changes when you visit our website(s).

This policy was last updated on June 1st 2010.