Terms & Conditions
Umbra Sports Terms & Conditions
The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices. We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website. As of the date above. It is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by our latest Terms and Conditions. Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into aspects of the service to corrupt data; cause annoyance to other users; infringe upon the right of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’ or attempt to affect the performance or functionality of any computer facilities of or through this website.
Breaching this provision would constitute a criminal offence under the Computer Fraud and Abuse Act (CFAA). Umbrasports.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distribution denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or another proprietary due to the use of this
website or to your downloading of any other material posted on it, or on any website linked to it.
All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. The confirmation stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. Acceptance of your order and the completion of the contract between you and us will take place when products ordered by yourself are dispatched unless we have notified you that we do not accept your order or have cancelled it.
Umbrasports.com ships worldwide however some restrictions are placed on the extent to which we accept orders from specific countries.
Umbrasports.com can deliver products to customers in the US mainland, Puerto Rico, Hawaii, Alaska and US Virgin Islands (subject to a higher shipping rate than the US mainland).
We ship to APO/FPO/DPO addresses. The US military Post Office has control over the delivery.
We will make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable due to unforeseen circumstances.
We shall be under no liability for any delay or failure to deliver any orders. Orders placed outside the US mainland may be subject to duties or taxes due to importing restrictions on certain products. These additional taxes, fees, or charges may apply to your order according to your local legislation, and it is your responsibility to pay this. Any duties or taxes will only apply once your parcel has reached the destination country. We have no control over these charges, therefore, we cannot advise you of what the costs may be as they will vary from country to country.
If you are unsure about whether the charges may apply to your order it is your responsibility to contact your local customs authority regarding these matters prior to placing your order.
5.- Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following Terms and Conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with Umbrasports.com, you must be over 18 years of age and possess a valid credit or debit card or. Umbra Sports retains the right to refuse any request made by you.
If your order is accepted, we will inform you by email and we will confirm that you are contracted with Umbra Sports. When placing an order you undertake that all details you provide to us are true and correct, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
All prices advertised are subject to such changes.
6.- Pricing and Availability
We strive to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled. Delivery costs will be charged if applicable, such additional charges are clearly displayed where applicable and included in the total cost at the checkout process.
Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction.
Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
8.- Discount and Promo Codes
Account discount codes may from time to time be offered to account holders. These codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Promotional discount codes may from time to time be offered which apply in respect of any, or certain specified, purchases made through this website.
Discount and Promo codes cannot be used in conjunction with any other offer unless otherwise stated. All promotional requirements surrounding Discount and Promo codes such as stated minimum spend requirements must be met before a discount can be applied.
Discount and Promo codes only apply on full price products, and they cannot be used in conjunction with any other offer unless otherwise stated.
9.- Ownership of Rights and Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights and all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorized by us or our licencors.
All rights on this website are owned by Nelasportswear LLC. The website is for personal and non-commercial use only. Any attempt to copy, store or share content and information for commercial purposes is strongly prohibited. You must not attempt (and agree not to assist or facilitate any third party to attempt) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from this website.
10.- Disclaimer of Liability and Indemnity.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
We will not be responsible or liable to any user or third party for any damage and injury caused by any product, service, goods or information bought through Umbrasports.com.
We will use reasonable endeavors to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or server that makes it available if free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
We will not be responsible or liable to you for any loss of content for material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Other than as expressly provided for in these Terms and Conditions with respect to specific products and except for the exclusive remedy set out here, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. We will not be liable, in contract (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation) loss of revenues, data, profits, contracts, business or anticipated savings, loss of goodwill or reputation or any unforeseeable or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
Notwithstanding the above, our aggregate liability (whether in contract or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents arising out of any claim. This does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you are dissatisfied with any product or content on Umbrasports.com
11.- Data Protection
We comply with all the rules that are set out to ensure the protection of your data and information.
For specific information on the Electronic Communications Privacy Act, please contact the Federal Trade Commission.
You agree to indemnify, defend and hold harmless Umbra Sports, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service.
Umbra Sports shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
14.- Shop Safely
Our website is equipped with a Secure Socket Layer (SSL). A SSL certificate is an encryption to provide a secure connection over the internet between our clients and our server. A SSL works to protect payment data, personal location information, and credit card information. With SSL, the extremely sensitive and private data of our customers is protected and unreadable to third parties whom may be trying to steal your valuable information. Having an SSL Certificate means our website is HTTPS secured and will be displayed as a secure site on your URL address.
All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to or does not for any reason authorize payment then we will not be able to accept your order.
Security is very important at Umbra Sports. The Umbra Sports website has its own encryption software to ensure your information is always safe. Our website is also secured by SSL which means your information is always secured with 128-bit encryption. All payment partners are also secured with 128-bit encryption to further ensure that shopping at Umbra Sports online is just as safe and convenient.