T&Cs
These Terms and Conditions (“Terms”) govern your use of the website and services provided by Kolibri Active (“we,” “us,” or “our”). By accessing and using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue using the website immediately.
1. Acceptance of Terms
By accessing and using Kolibri Active’s website, you agree to comply with and be bound by these Terms and any applicable laws and regulations. If you disagree with any part of these Terms, you are prohibited from using our website
2. Placing an Order
To place an order with Kolibri Active, follow these steps:
- Add the desired products to your basket on the website.
- Select the correct size for each product before adding it to your basket.
- Once all items are added to your basket, proceed to checkout.
- Provide accurate billing, shipping, and contact details.
- Review your order to ensure all information is correct.
- Submit the order and you will receive a confirmation email containing your order details.
3. Order Acceptance and Cancellations
All orders submitted by you are subject to acceptance by Kolibri Active. We may choose not to accept an order at our discretion, for reasons including but not limited to:
- Products shown on the website are out of stock.
- Payment authorisation cannot be obtained.
- Shipping restrictions apply to a product or country.
- A manifest error, such as incorrect pricing or descriptions, is found in the product listing.
- A discount code is invalid, or improper use is suspected.
- Fraudulent activity is suspected related to your order or payment.
Once an order is submitted, we begin processing it immediately, which means you cannot cancel your order before receiving it. If you wish to cancel an order, you must return the goods by following our Return Process outlined in Section 3 of these Terms.
4. Returns and Refunds
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Eligibility: To be eligible for a return, items must be unused, unworn, and unwashed. Items should be returned in their original packaging with tags and labels attached. For a full refund, products must meet these conditions.
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Return Process: To return an item, contact Kolibri Active at [email protected]. Our customer service team will guide you through the return process, and you will be responsible for shipping costs unless the item is defective.
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Refunds: Refunds will be processed to your original payment method within 7-14 business days after we receive and inspect the returned item. Please note, we reserve the right to decline any returns or refund requests made after 14 days from the date of purchase.
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Damages and Issues: Please inspect your order upon reception and contact us immediately (and within 24 hours) if the item is defective, damaged, or if you receive the wrong item. This will help us evaluate the issue and make it right.
5. Quality and Maintenance of Products
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Product Variations: Minor differences in color or other product variations may occur due to different image acquisition methods, display technologies, or other technical reasons. Kolibri Active is not liable for these variations or deviations.
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Washing and Maintenance: Kolibri Active is not liable for any damage caused by improper handling, including failure to washing or car.
6. Price and Currency
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Currency Selection: You can select your local currency through the menu tab on mobile or via the header bar on desktop. Prices displayed online will adjust based on your geographical location (for example, if you reside in the UK, the currency will be displayed in GBP). This feature supports currencies like GBP, USD, EUR, AUD and other major currencies.
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Price Adjustment: Prices quoted at the checkout will be in the currency based on your location or the currency you have selected.
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Price Changes: Kolibri Active reserves the right to:
- Change, limit, or terminate any special offers or discounts at any time.
- Modify or end any promotional codes at any time.
- Adjust the price of any product on the website without prior notice.
7. Shipping, Delivery, and Customs
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Shipping: All orders made on the Kolibri Active website are dispatched from depot to the shipping address provided at checkout. While we strive to dispatch orders as quickly as possible (typically on the same day), this is subject to fluctuations in order volume, so it may not always be possible.
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Delivery: Orders are usually delivered on business days, excluding bank holidays and national holidays. Some couriers may offer weekend delivery.
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Customs: International customers are responsible for any customs duties, taxes, or additional fees imposed by their country’s customs. Kolibri Active is not responsible for delays or additional fees incurred due to customs processing
8. Intellectual Property Rights
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Ownership of Content: Unless otherwise indicated, Kolibri Active owns all intellectual property rights to the content on our website, including the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos (the “Marks”). These are protected by copyright, trademark laws, and other intellectual property laws.
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Limited License: Provided you are eligible to use the Site, Kolibri Active grants you a limited, non-transferable, non-exclusive license to access and use the website for personal, non-commercial use. You may download or print a copy of any portion of the Content to which you have properly gained access, solely for personal use. You are not allowed to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit the Content and Marks for any commercial purpose without our express written consent.
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Restrictions: All rights not expressly granted to you in these Terms are reserved by Kolibri Active. Unauthorized use of our website or its content is prohibited.
9. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
10. User Representations
By using the website, you represent and warrant that:
- All registration information you provide is true, accurate, current, and complete.
- You will maintain the accuracy of your information and update it promptly as necessary.
- You have the legal capacity to agree to these Terms of Use.
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the website.
- You will not access the website through automated or non-human means, such as a bot or script.
- You will not use the website for any illegal or unauthorized purpose.
- Your use of the website will comply with all applicable laws and regulations.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, Kolibri Active reserves the right to suspend or terminate your account and deny you access to the website
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11. User Registration
When registering on the website, you may be asked to create an account. It is your responsibility to keep your account credentials, including your password, confidential. You are solely responsible for all activity that occurs under your account.
13. GUIDELINES FOR REVIEWS
We may provide areas on the Site where you can leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors when posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if others find them objectionable or inaccurate. Reviews are not endorsed by us, and they may not reflect our opinions or those of our affiliates or partners. We are not responsible for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right to reproduce, modify, translate, transmit by any means, display, perform, and distribute the content related to your review.
14. MOBILE APPLICATION LICENSE
Use License
If you access the Marketplace Offerings via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless devices owned or controlled by you, and to access and use the mobile application strictly in accordance with these Terms of Use.
You shall not:
- Except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of, or decrypt the application.
- Modify, adapt, improve, enhance, translate, or create derivative works from the application.
- Violate applicable laws, rules, or regulations in connection with your use of the application.
- Remove or alter any proprietary notices (e.g., copyright or trademark) from the application.
- Use the application for any commercial or revenue-generating purposes for which it is not intended.
- Make the application available on a network or environment permitting access by multiple devices or users simultaneously.
- Use the application to create products or services that compete with or substitute the application.
- Use the application to send automated queries or unsolicited commercial emails.
- Use proprietary information or interfaces from the application in any new designs, development, manufacture, or distribution.
Apple and Android Devices
When using a mobile application from an App Distributor (Apple or Google Play), the following terms apply:
- The license granted is non-transferable and limited to devices using Apple iOS or Android, subject to the App Distributor’s terms.
- We are responsible for providing maintenance and support for the mobile application, while the App Distributor has no obligation for such services.
- If the application fails to conform to applicable warranties, you may request a refund from the App Distributor, who may be required to provide it.
- You warrant that you are not in a country subject to U.S. government embargo or listed on prohibited U.S. government lists.
- You must comply with third-party terms, such as wireless service agreements, when using the app.
- App Distributors are third-party beneficiaries of these terms, with the right to enforce them against you.
15. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with Third-Party Accounts (e.g., social media accounts) by providing login information or granting us access as permitted by the terms of the Third-Party Account.
You represent that:
- You are entitled to share your Third-Party Account login details with us and/or grant us access without violating the terms of the Third-Party Account.
- We may access, store, and make available the content from your Third-Party Account, including friend lists, photos, and other shared information.
- We may submit and receive additional information to/from your Third-Party Account as needed.
By linking your Third-Party Account, you understand that your personal information, as permitted by privacy settings, may be shared with us. You can deactivate the connection to your Third-Party Accounts at any time. We are not responsible for the content on Third-Party Accounts and do not review or control it.
If your Third-Party Account or service becomes unavailable, the Social Network Content may no longer be available on the Site.
16. SUBMISSIONS
Any questions, comments, suggestions, feedback, or other information you provide to us regarding the Site or Marketplace Offerings (“Submissions”) are non-confidential and become our sole property. We own all rights, including intellectual property rights, to these Submissions and may use them for any lawful purpose, without compensation or acknowledgment to you.
You waive all moral rights to your Submissions and affirm that you either own or have the right to submit them. You agree that we are not liable for any claims arising from our use of these Submissions.
17. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to third-party websites (“Third-Party Websites”) and content (“Third-Party Content”) that we do not control or endorse. These Third-Party Websites and Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them.
Inclusion of these links or content does not imply endorsement by us. If you visit Third-Party Websites or use Third-Party Content, you do so at your own risk. We are not responsible for any purchases made through Third-Party Websites or any harm caused by such content or websites.
18. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms.
- Take legal action against anyone violating the law or these Terms.
- Refuse, restrict access to, or disable any user content or portion of the Site at our discretion.
- Remove files or content that are too large or burdensome to our systems.
- Manage the Site to protect our rights and ensure the proper functioning of the Site and its offerings.
19. Privacy Policy
“Your privacy is important to us. Please refer to our Privacy Policy [link] to learn how we collect, use, and protect your personal information. By using our website, you consent to the practices outlined in our Privacy Policy.”
20. Account Security and Responsibilities
“You are responsible for maintaining the confidentiality of your account information and password. If you believe that your account has been compromised or used without your authorization, you must notify us immediately at [email]. You agree to take full responsibility for all activities that occur under your account and agree to immediately notify us of any unauthorized use of your account or any other breach of security.”
21. Availability and Maintenance of the Website
“We strive to ensure that our website is available and accessible at all times. However, Kolibri Active does not guarantee that the website will be error-free, uninterrupted, or available at all times. We may, at our discretion, suspend or restrict access to the website temporarily for maintenance, repair, or upgrades. We will endeavor to restore service as quickly as possible but do not accept liability for any inconvenience or loss resulting from such interruptions.”
22. Warranty Disclaimer
“To the maximum extent permitted by law, Kolibri Active disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or products will meet your requirements, that the operation of the website will be uninterrupted or error-free, or that the website is free from viruses or other harmful components. We do not make any representations regarding the accuracy, reliability, or completeness of any content on the website.”
23. Force Majeure
“Kolibri Active shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of nature, war, terrorism, strikes, government regulations, power failures, internet disruptions, or any other cause beyond Kolibri Active’s control. In the event of such a force majeure event, we will use commercially reasonable efforts to resume performance of our obligations as soon as possible.”
24. Dispute Resolution
“Any disputes, claims, or controversies arising out of or in relation to these Terms, the website, or your use of our services shall be resolved through binding arbitration, rather than in court. Arbitration shall be conducted in [your jurisdiction], and you consent to the exclusive jurisdiction and venue of the courts located in [your jurisdiction]. You agree that the arbitration will be administered by a neutral arbitrator in accordance with [arbitration rules]. By agreeing to these Terms, you waive any right to a trial by jury and agree that disputes will be resolved solely through arbitration or mediation.”
25. Severability
“If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be modified to the extent necessary to make it valid, legal, and enforceable, while reflecting the intent of the original provision as closely as possible.”
26. Entire Agreement
“These Terms constitute the entire agreement between you and Kolibri Active regarding the use of our website and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to such use. If any provision of these Terms conflicts with any other agreement between you and Kolibri Active, these Terms will take precedence.”
27. User-Generated Content
“By submitting content to the website (including but not limited to reviews, comments, images, and other user-generated content), you grant Kolibri Active a worldwide, royalty-free, irrevocable, and transferable license to use, modify, display, perform, distribute, and otherwise exploit your content in any form, media, or technology now known or later developed, in connection with our business operations, including for promotional purposes. You warrant that you have all necessary rights to the content you submit and that such content does not violate the rights of any third party. Kolibri Active reserves the right to remove any content at its sole discretion.”
28. Limitations of Liability
Kolibri Active is not liable for any direct, indirect, incidental, or consequential loss or damage resulting from your use or inability to use the website, including but not limited to the loss of data, loss of profits, or other financial loss. In no event will Kolibri Active be liable for any damages beyond the amount you have paid to us for the specific service or product related to your claim
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We do not guarantee that the website or its content is error-free, complete, or uninterrupted.
29. Indemnification
You agree to indemnify and hold Kolibri Active harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the website or violation of these Terms.
30. Termination
We may suspend or terminate your access to the website at our sole discretion if you violate these Terms or engage in unlawful or harmful activities. Upon termination, all rights granted to you under these Terms will immediately cease.
31. Governing Law
These Terms are governed by and construed in accordance with the laws of United Kingdom. Any disputes arising from these Terms or the use of the website will be subject to the exclusive jurisdiction of the courts located in United Kingdom.
32. Changes to Terms
Kolibri Active reserves the right to update, modify, or change these Terms at any time. Any changes will be posted on this page with the updated “Last Revised” date. By continuing to use the website after any changes, you agree to be bound by the revised Terms.
33. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: [email protected]