Terms and Conditions of Sale

THESE TERMS

1. What these terms cover. These are the terms and conditions which govern the sale of our products to you.
2. How we can change these terms. We (as defined below) reserve the right to amend these terms from time to time. Every time you wish to purchase a product(s) through our Websites, please check these terms to ensure you understand the terms and conditions that apply at that time.
3. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
4. Definitions. These are what these words mean in these terms:
   1. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
   2.  "Website" means the US Website located at https://us.stepone.life

INFORMATION ABOUT US AND HOW TO CONTACT US

1. Who we are. We are Step One Clothing Inc, a Delaware corporation ("Step One", "we", "us" or "our")
2. How to contact us. You can contact us by writing to us at info@stepone.life or 919 N Market Street, #950, Wilmington, Newcastle, DE, 19801
3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us at the time your order was submitted

OUR CONTRACT WITH YOU

1. Your use of our Websites to purchase products. Your use of our Websites to purchase products indicates your agreement to follow and to be bound by these terms. Please read these terms carefully before placing an order through our Websites.

ORDERING

1. How to submit an order. To submit an order:
   1. you must select the product you wish to buy and click the "Add to Cart" or "Buy Now" buttons. The selected products will then be included in the "Cart" and the order can be submitted by filling out the order form and accepting these terms;
   2. prior to submitting your order you must verify the accuracy of the information you have provided and make the necessary corrections. It is your responsibly to check that the information displayed in your "Cart" accurately reflects your selection before submitting your order; and
   3. your order is submitted when you click the "Pay Now" button. After submitting an order, you will receive an automatic email confirmation from us acknowledging that we received your order.
2. Clicking the "Pay Now" button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a product. Upon receipt, the order will be submitted to us for processing and may not be changed or cancelled except as expressly provided in these terms, or as required by applicable law.
3. How we will accept your order. Our acceptance of your order will take place when we email you advising you that we have accepted your order, at which point a contract will come into existence between you and us.
4. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because (without limitation):
   1. the product is out of stock;
   2. of unexpected limits on our resources which we could not reasonably plan for;
   3. we have identified an error in the price or description of the product; or
   4. we are unable to meet a delivery deadline which you have specified.
5. Applications of terms to US consumers These terms and conditions apply to consumers in the United States. If you are in another country, please refer to the STEP ONE local website in your jurisdiction (for example, if you are in Australia or New Zealand, visit stepone.life, or if you are in the UK, visit uk.stepone.life or email us at info@stepone.life if you wish to learn if we deliver our products to other regions.
6. We are not obliged to accept your order. 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 email and/or billing address/phone number provided at the time your 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. If you are a wholesale customer and have any questions or queries or would like any information about the products, please contact us.
7. Trade Marks: “Step One” and our logo are registered trade marks which we own or are licensed to use. You cannot use the trade marks, or re-sell, wholesale or distribute Step One branded products, without express written consent from us.

OUR PRODUCTS

1. Products may vary slightly from their pictures. The images of the products on our Websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products you purchase may vary slightly from those images.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our Websites.

OUR RIGHTS TO MAKE CHANGES

1. We may change products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

PROVIDING THE PRODUCTS

1. Delivery costs. The costs of delivery will be as displayed to you on the relevant Website at the time your order is submitted. Any fees, taxes, duties, or import charges are the sole responsibility of the buyer.
2. When we will provide the products. During the order process we will let you know when we expect to provide the products to you and we will deliver them to you as soon as reasonably practicable once your order is submitted.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
4. When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us at the time your order is made. We will not be responsible for any loss or damage that may be incurred following the delivery of the products to the delivery address provided by you when you submitted your order. By purchasing from our Websites, you:
   1. consent to the products you have ordered being left at the address you gave us at the time your order was submitted; and
   2. acknowledge that if the products are left at that address, this will constitute delivery of the products and you will assume all risk in the products from the time of delivery.
5. When you own goods. You own the products once we receive payment in full. You hereby grant us a security interest in such products until full payment has been received.
6. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the waist size required. If so, this will be stated in the description of the products on our Websites. If you do not give us this information, you will not be able to order products from us and we will not be responsible for not supplying them.

RETURN OF OUR PRODUCTS

1. What to do if what you have bought is defective or does not arrive within a reasonable time. If any product you purchase is defective, damaged during transit, does not arrive within a reasonable time of your order being submitted or is not what you ordered, please contact us using the information set out in clause 2.2 above. We will assess all requests to return products against our Returns Policy
2. You may have to provide evidence. In certain circumstances, we may require that you:
   1. supply us with a photograph of any defective or damaged product; or
   2. return the product to us for inspection,
   before assessing any request made by you for a replacement, return or a refund.
3. Our First Pair Guarantee. We offer a Fair Pair Guarantee (see FAQs). This guarantee reflects the goodwill guarantee offered by Step One to its US customers.
4. When you don't have the right to change your mind. Except under our First Pair Guarantee, you do not have a right to change your mind in respect of products (including our trunks and briefs) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
5. When you do have a right to change your mind. Where the product remains sealed, you may return the product if you change your mind. To do so, you must contact our customer service team to claim a return.
6. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You generally have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. There is no time limit on exercising your rights under our First Pair Guarantee
7. When we will pay the costs of return. We will only pay the costs of you returning products:
   1. if the products are faulty or misdescribed; or
   2. if you are cancelling an order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
   3. if required by law.
   In all other circumstances you must pay the costs of return.
8. How we will refund you. If we determine, in accordance with our Returns Policy to issue a refund for products returned to us, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
   1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Shipping/Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10. When your refund will be made. We will make any refunds due to you as soon as possible after you cancel your order. If we require you to return products to us (upon cancellation of your order), we will not process any refunds until all products to be returned, have been returned and assessed by us. If a product is returned, and has been used or is not in a state that can be re-sold, we may not agree to issue a refund for that product.

IF THERE IS A PROBLEM WITH THE PRODUCT

1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team using the information set out in clause 2.2 above.
2. Pre-worn goods: We will not regard goods as faulty if we believe they have been used in extraordinary situations or they have deliberately been tampered with. (Step One products are designed to be worn the correct way: wearing them inside out will void any warranty claims as this creates excessive wearing on the stitching which is designed to be worn on the outside of the garment).

1. No Express warranty
   1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK, AND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT OR SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
   2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
   3. TO THE EXTENT THAT A LIMITED WARRANTY MAY BE IMPLIED FROM CLAUSES 8 AND 9 ABOVE, THE ABOVE EXCLUSION AND LIMITATION IN CLAUSE 10.1.1 ABOVE MAY BE APPROPRIATELY LIMITED.
2. Limitation of Liability. Our liability with respect to a breach or failure to comply with any implied warranty based on these terms is limited to the following:
   1. in case of products:
      1. the replacement of the products or the supply of equivalent products;
      2. the repair of products;
      3. the payment of the cost of replacing the products or of acquiring equivalent products; or
      4. the payment of the costs of having the products repaired; and
   2. in the case of services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
   3. SUBJECT TO CLAUSES 10.2.1 AND 10.2.2 ABOVE AND TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL STEP ONE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PRODUCT OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF STEP ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury and subject to clauses 10.2.1 and 10.2.2) exceed the amount of fifty dollars ($50.00).
3. Indemnity. BY USING OUR PRODUCTS AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD STEP ONE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PRODUCTS AND SERVICES, OR ANY ACTION TAKEN BY STEP ONE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

PRICE AND PAYMENT

1. Our prices are in US Dollars (USD). The prices of our products are in US Dollars (USD), inclusive of applicable taxes and excluding shipping costs (if any). All orders are payable in US Dollars (USD).
2. Where to find the price for the product. The price of the product (which includes GST unless otherwise stated) will be the price indicated on the order pages at the time your order is submitted. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clauses 11.3 and 11.4 for what happens if we discover an error in the price of the product you order.
3. We reserve the right to modify our prices. We reserve the right to modify the price of products offered on our Websites at any time without prior notice to you. You will be charged the prices displayed on the relevant Website at the time the order was confirmed by you by clicking on the "Pay Now" button. We reserve the right to correct any errors or inaccuracies on our Websites or to cancel orders if such information is inaccurate. Any payments made by you for such products will be refunded in such circumstances.
4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on our Websites. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and if you have received your order, require the return of any goods provided to you.
5. When you must pay and how you must pay. We accept payment with credit and debit cards shown on our Websites. You must pay for the products before we dispatch them.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. We will refund you any amount which you have been overcharged.
7. Gift Cards and discount codes. Gift Cards can be purchased through our Websites. A discount code is issued for Gift Cards. You cannot use two discount codes at the same time to 'stack' discounts: only one code can be used at a time. Step One will not partially refund unused portions of Gift Cards. Gift Cards cannot be redeemed for cash. They may be subject to additional terms shown on them or on our Websites.

HOW WE MAY USE YOUR PERSONAL INFORMATION

1. How we may use your personal information. We will only use your personal information as set out in our privacy policy

OTHER IMPORTANT TERMS

1. Assignment.
   1. By Step One.Step One may transfer its rights and obligations under these terms to another organisation. Step One will take reasonable commercial steps to contact you to let you know if we plan to do this.
   2. By You.You need our consent to transfer your rights to someone else (except that you can always transfer our First Pair Guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our First Pair Guarantee at clause 8.3 to a person who has acquired the product. We may require the person to whom the First Pair Guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
2. No Third-Party Beneficiaries Subject to clause 13.1.2 with respect to transfer of a First Pair Guarantee to another person, these terms and conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these terms and conditions.
3. Severability. If any term or provision of these terms and conditions is deemed invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
4. No Waiver. No waiver by Step One of any of the provisions of terms and conditions is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
5. Governing Law. These terms and conditions, and the relationship between you and Step shall be governed by the laws of the State of Delaware excluding its conflicts of law provisions. You and Step One agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware, to resolve any dispute or claim arising from terms and conditions.