Terms & Conditions, Use and Purchase

By using the ERVY Sports Fashion Products, you agree to these conditions. Please read them carefully. These Terms & Conditions include a mutual arbitration agreement, class action waiver, and limitations on liability.

Electronic Communications:

When you send e-mails to us or use any ERVY Sports Fashion products and service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General Statement:

This information is for domestic orders only, for international shipping and processing please refer to the International Terms.

The following outline of our Terms & Conditions are detailed below and apply to all products sold by ERVY Sports Fashion via this Website. By placing an online order you agree to be legally bound by our Terms & Conditions and you agree to comply to them at all times. Do not use our online services and do not order products via this site if you do not accept them.

Please review our Terms & Conditions carefully. All sales of ERVY Sports Fashion products are governed by these Terms and Conditions.

Our Terms & Conditions can be changed, amended or removed at any time without prior notice. They will be in effect at the time of posting on the Website.

Definitions:

These definitions are part of our Terms & Conditions and mean the following:

• “ERVY Sports Fashion” or “us” or “we” is ERVY Sports Fashion LLC, 666 Baldwin Ct.,  Birmingham, MI 48009, USA.
• “Website”, “Site” means the website at https://ervy-leotards.com and its several pages or any subsequent or replacement URL. This Site is provided and owned by ERVY Sports Fashion LLC.
• “Online Services” means the services provided online via this Site for you to purchase/order/buy any of our products.
• “Products” are all of ERVY Sports Fashion displayed/available products to be sold.
• “You, buyer, visitor, user, recipient”  or any derivation thereof means each legal entity you represent while browsing this Website and/or placing a request or an order.

These Terms & Conditions constitute the entire agreement between you and ERVY Sports Fashion and govern the use of ERVY Sports Fashion products, and they supersede any prior agreements between you and ERVY Sports Fashion.

You agree that no joint venture, partnership, employment, or agency relationship exits between ERVY Sports Fashion and you as a result of this Agreement.

Products:

Our products shown on our Website will provide the best description (design, drawings, photographs/images, fabrics/colors, product specification).

Prices, descriptions and availability of products are subject to change without notice.

Errors may be corrected when discovered, and ERVY Sports Fashion reserves the right to revoke any stated offer in order to correct any errors or inaccuracies.

Although ERVY Sports Fashion has made every effort to display our products and colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and ERVY Sports Fashion cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. ERVY Sports Fashion is not responsible for typographical errors regarding price or any other matter.

ERVY Sports Fashion will change, add or remove any of our products at any time without prior notice. These will be in effect at the time of posting on the Website.

We have the right to discontinue the sale of any displayed products without prior notice or liability to you.

In case ERVY Sports Fashion has to substitute any placed orders/products you will be notified and decide to proceed with the substitution or cancel the order.

Prices:

Prices are in U.S. Dollars.

Our prices displayed on our Website refer to the Product as described in the fabric combination and colors as well as sizing.

Prices are solely for the Products and do not include any shipping, taxes or customs duties or any other charges.

Any changes in sizing alteration, fabric/colors to existing Products will cause increase/decrease of pricing. Customized designs “ Create your own”  are subject to quote.

ERVY Sports Fashion ensures and tries that the displayed pricing on our Website is accurate. But some times errors happen and we will contact you prior to proceed with your order of any price changes and you can either accept or cancel it.

We will have always the rights to change prices on our Website and they will be in effect at the time of posting. If your order was placed prior to any price changes and were accurate ERVY Sports Fashion will honor them.

Our mission is to make your experience with ERVY Sports Fashion exceptional and our team is filled with dedicated professionals who are passionate about offering our high standards in quality and workmanship with competitive prices. Unfortunately, continued increases in raw materials, utilities, labor, shipping, etc. are beyond our control and result in price adjustments without prior notice.

Sales & Use Taxes, Duties and Import Fees:

For states imposing sales or use taxes, your purchase order may be subject to use tax unless it is specifically exempt from taxation.

Buyer agrees to pay any sales taxes in their Home-State when applicable based on the Sales and Use Tax Laws of the individual States of the United States.

Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxes and to pay on those purchases. You may have a tax obligation in states where ERVY Sports Fashion does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

Shipment of any orders outside the United States are subject to import taxes, custom duties & fees, customs clearance imposed by the destination country and are the responsibility of the buyer or the recipient. ERVY Sports Fashion is unable to supply estimated duties and taxes as this information will vary by country. Please note that if you place an order online, you will be responsible for all duties, taxes and customs charges. If your order is then refused, you will still be responsible for charges incurred in shipping the package/order.    

In case the buyer or recipient is not willing to pay any import taxes, customs duties & fees or customs clearance fees ERVY Sports Fashion will reject the order.

Our recommendation is to contact your local customs office prior to placing any order.

Please note that we are required by law to disclose the full value of the package contact – no adjustment to the value of the order.                                                     

Any return to ERVY Sports Fashion following unpaid customs policies duties/fees will be credited less any fees, shipping to and from the destination country or other costs incurred by ERVY.

We do not ship to P.O. boxes outside of the United States.

Orders:

We differentiate orders between individual, teams or businesses.

Placing an order for a team or business we may request a written authority on whose behalf you use our Online Services prior to creating an account or accepting an order for any team or business.

Special Orders, like customized products for teams, can be supported by phone +1 586 530 9800 or email to ERVY Sports Fashion: sales@ervy.de

All orders from our Site are deemed offers from buyer to purchase our products. Any created receipts on an order placed by email or other electronic acknowledgement do not constitute legal acceptance by us until all orders are acknowledge by ERVY Sports Fashion in writing and deemed accepted.

ERVY Sports Fashion has the right to either accept or reject any order for any reasons or none.

You, the buyer, are responsible of the accuracy of the provided details at the time of ordering.  Any inaccurate information provided are the sole responsibility of the buyer and ERVY Sports Fashion will not be responsible or liable or reimburse the buyer for any costs.

Order Cancellations:

All orders placed through ERVY Sports Fashion are subject to ERVY Sports Fashion’s acceptance. This means that ERVY Sports Fashion may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.  If your credit card or payment method has already been charged for an order that is later cancelled, ERVY Sports Fashion will issue you a refund.

Our products are distinguished in two different policies:

1. “Stock” or “Final Sales” or “Discounted”  orders are not subject to any cancellation after they have been placed and acknowledged.
2. “Customized” or “Special” orders are subject to cancellation prior to being released for design or production. Cancellation fees may apply depending on the stage/status of the order.

Any order cancellation has to be provided in writing to sales@ervy.de

Returns and Exchanges:

ERVY Sports Fashion strive to provide an amazing shopping experience and superior customer service. If for reason you are not content with your order, we gladly accept returns and exchanges for US and Canada orders within 20 days from the date of shipment and in new, unused condition with original packaging. Some items purchased through special promotions and discounted may be final sale, and therefore not eligible for exchanges or returns (please refer to  our Order Cancellations policy).

Please pursue the following return policy conditions to start your return:

1. Your return request has to be received within 20 days after order shipped.
2. ERVY will provide an RMA (Return Merchandise Authorization) to be included in the returned merchandise package.  
3. Merchandise must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.
4. Return shipping charges to be paid by customer.

Purchased stock items with any customized changes are non-returnable and non-refundable.

All customized Orders can not be returned or exchanged.  

Defective Merchandise:

The defective merchandise will be inspected by ERVY Sports Fashion and  we will specify your claim. Your claim has to be established within 30 days from the date of receipt of the merchandise. All worn merchandise has to be cleaned/washed prior to return. Please recognize the safety of our employees and their health.  Unwashed merchandise will be laundered on your account and charges will apply. Upon acceptance of the claim ERVY Sports Fashion will either replace or credit the merchandise.

Payment Information:

• Via PayPal:

according to our terms as specified on our website at the time of checkout. Buyer agrees to pay the price in full and charged to buyer’s credit card account via PayPal.

You represent and warrant to ERVY Sports Fashion that you are authorized to use the payment instrument and that the provided information is true.

You will be charged in full at the time of order including shipping charges, State, local and county sales tax.

Please note orders are subject to our review.

Until ERVY Sports Fashion acknowledges the receipt and full payment of the order to the buyer’s contact data provided we will not proceed and fulfill the order, meaning no contract exists. 

ERVY Sports Fashion will only proceed on orders which are paid in full at the time  of ordering or if otherwise payment terms are negotiated and confirmed in writing between buyer and us.

We deserve the right to change our prices and fees.

Standard Delivery:

Standard Delivery for “in stock” orders are shipped via standard ground/first class priority service within 21-28 days. For even faster delivery, we offer Next Business Day and Two Business Day Express for “in stock” Products (can be applied to order placed before 1:00 PM EST Monday through Thursday). The delivery and timing of our Products depend on availability and processing of orders at the time they were received. ERVY Sports Fashion will release orders in partials as available and perhaps use different carriers at different times.

ERVY Sports Fashion will ship to the address indicated at the time of order. However, we can not guarantee an exact arrival time of delivery since it is out of our hands and totally the responsibility of the carrier. By delay in delivery we shall not be responsible for any loss, delay, harm or reimbursement of shipping cost. For standard and Express Delivery rates, consult our Shipping and Processing charges.  To receive an accurate quote, add the product to the cart and enter your Zip Code.

When a shipment is returned to us as an undeliverable address, you will be issued a refund for “in stock” Products only less shipping charges to and from the destination address specified in your order. Customized orders are not refundable.

Please note that from time to time there are special offers for free delivery or orders placed over a certain amount are free.

ERVY Sports Fashion is not responsible for errors that may occur during order placing and will notify you at the time of submitting our order acknowledgement.

Shipping Policy:

Standard Shipping – 48 Contiguous United States:

All delivery times are based on average in-transit time. Orders shipped to P.O.  Boxes and APOs do not qualify for Rush Shipping.

USPS – Standard Shipping:

Rush Shipping:

Method and carrier to be determined at time of order. Shipping charges are depending on weight, dimensions and transit time and will be added to order at the time of order acknowledgement.

Product Ownership:

The risk of loss and title for products purchased on the Site passes to the purchaser upon our delivery to the carrier and signals the completion of the order.

Any loss or damage that happens during transportation or shipment is the full responsibility of the buyer.

Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. ERVY Sports Fashion does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ERVY Sports Fashion does not take title to the refunded item. 

Limitation of Liability:

ERVY Sports Fashion disclaims all warranties to Products without limitation except written warranties made by us on our Website or otherwise agreed upon in writing.

Any interruption or reduction of business, loss of revenue and earnings, indirect or consequential damages or any other commercial or financial loss caused by the Product are not our responsibility and we are not liable for any.

ERVY Sports Fashion understand and accepts if warranty rights under the laws of the jurisdiction where buyer resigns say otherwise.

Intellectual Property Rights:

All content, graphics, text, code and software used on or incorporated into this Site and/or any ERVY Sports Fashion Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to ERVY Sports Fashion and all rights thereto are specifically reserved. As between you and ERVY Sports Fashion, (or any other company whose marks appear on any of the ERVY Sports Fashion Products, ERVY Sports Fashion (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the ERVY Sports Fashion, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The ERVY Sports Fashion logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Intellectual Property”) are owned by ERVY Sports Fashion and may be registered in the United States and internationally. You agree not to display or use the ERVY Sports Fashion Intellectual Property in any manner without ERVY Sports Fashion prior written permission. Nothing contained on this Site or in any of the ERVY Sports Fashion Services should be construed to grant any license or right to use any ERVY Sports Fashion Intellectual Property without the prior written consent of ERVY Sports Fashion.
Except as otherwise provided herein, use of the ERVY Sports Fashion Products and Services does not grant you a license to any materials, content or features you may access on this Site or via the ERVY Sports Fashion and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the ERVY Sports Fashion products is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by ERVY Sports Fashion. If you make use of the ERVY Sports Fashion product and services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the ERVY Sports Fashion product and service including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

Indemnity and Release:

You agree to indemnify and hold ERVY Sports Fashion and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the ERVY Sports Fashion by you or any other person accessing the ERVY Sports Fashion using your Account; (b) the use of, or connection to, the ERVY Sports Fashion by you or any other person accessing this Site or the Apps using your Account (including negligent or wrongful conduct); including  any interaction with any users or (c) your breach or attempted breach of these Terms of Use.

Assignment:

ERVY Sports Fashion may assign the order in full or any part of it to any entity, company or person but the buyer shall not be entitled to assign the order or any part of it without the prior written consent of ERVY Sports Fashion.

Personal Confidentiality & Privacy:

Your use of our Website/Platform is subject to our Privacy Policy. Please read our ERVY Privacy Policy.

Sustainability and Social Responsibilty:

Our mission to protect the environment fuels us to keep innovating eco-conscious designs.

At ERVY, we strive to produce the highest quality leotards made in an ethical and sustainable way. By only producing on-order, we avoid overproduction and reduce waste. Additionally, we hold ourselves to the highest standards of working conditions and fair wages for our factory workers, ensuring that everyone involved in making our leotards is treated ethically and fairly. We believe that sustainability and fairness should go hand-in-hand, and promise to continue pushing for these values in everything we do.

Entire Agreement:

These Terms & Conditions constitutes the entire agreement between the user and ERVY Sports Fashion and supersedes any prior understandings or agreements (written or oral).

Force Majeure:

Neither ERVY Sports Fashion nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law:

Jurisdiction and venue for all Disputes shall be in Birmingham, Michigan. These Terms & Conditions shall be governed by the law of Michigan, United States of America, without giving effect to any principles of conflict of laws.

Severability:

If an authority disputes the validity of any segments of our Terms & Conditions in whole or in part, the legality or enforceability of the other segments/sections of our Terms & Conditions shall still be legitimate.

General Provision:

Our website may be unavailable due to routine maintenance, changes or improvements,  or reasons beyond our control or at our sole discretion. ERVY Sports Fashion can not guarantee the permanent access or the availability  to this website. ERVY Sports Fashion can not be held responsible or liable for any reason, delay, damages or harm caused as the result of the website not being accessible or available. You comply, acknowledge and agree to our Terms & Conditions.

Contact us:

If you have any questions regarding the use of our Site or Privacy Policy, please contact us at:

ERVY SPORTS FASHION LLC
Attn: Privacy
666 Baldwin Ct.
Birmingham, MI 48009
phone 1-586 530 9800
adelheid.seidensticker@ervy.de

Effectiveness: Jan 01, 2023