Terms & Conditions

Please read these terms and conditions ("terms and conditions", "terms") carefully before using divergent.fit website (“website”, "service") operated by Divergent Fit, LLC ("Divergent Fit, LLC", "Divergent Fit", "Divergent Fit ™", "Divergent", "DF", "us", 'we", "our").

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Conditions of use

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By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. Divergent Fit only grants use and access of this website, its products, and its services to those who have accepted its terms.

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Privacy policy

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Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

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Age restriction / use

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Divergent Fit assumes no responsibility for liabilities related to age misrepresentation. Our products are meant for age-appropriate purchase and use. By using this website, you legally adhere to this Agreement.

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Intellectual property

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You agree that all materials, products, and services provided on this website are the property of Divergent Fit, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Divergent Fit’s intellectual property in any way, including electronic, digital, or new trademark registrations.

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You grant Divergent Fit a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

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User accounts

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As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

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If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

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We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

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Applicable law

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By using this website, you agree that the laws of Hawaii, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Divergent Fit and you, or its business partners and associates.

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Disputes

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Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by state or federal court Honolulu/Hawaii and you consent to exclusive jurisdiction and venue of such courts.

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Indemnification

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You agree to indemnify Divergent Fit and its affiliates and hold Divergent Fit harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel. 

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Limitation on liability

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Divergent Fit is not liable for any damages that may occur to you as a result of your misuse of our website.

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Divergent Fit reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail or date on this agreement. This Agreement is an understanding between Divergent Fit and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

We are a very small business and are unable to process returns in most cases. We use Printful as our dropshipper/processor and follow their return policies. Printful allows returns for lost and damaged items, but not for buyer's remorse.

 

Damaged or Wrong Items - 

Needed: a detailed description and clear photos of the issue. Suend us an email with these within 14 days of delivery. We will review and send a free replacement.

Buyer's Remorse - 

We do not offer refunds for buyer’s remorse.

Wrong Size - 

Since all products are made on demand, we do not exchange sizes. Size exchanges require producing/purchasing a new item. Please look at our size guides before purchasing if you have questions. 

Shipping is completed through our dropshipper Printful and we follow their warehouse policies. Certain items like drinkware and hats ship separately and in more secure packaging, so the shipping and handling cost of orders with these items may be a bit more than expected. Shipping costs are also determined by Printful. DF has no control of this aspect/Printful costs.

Production time can be 5-7 days; Shipping can take up to 14 days, but usually is less. Shipping to Hawaii and Alaska is closer to 14 days.

Wix and Printful are our third parties, apart from any payment processors you choose/use. Your information is stored here on Wix only to complete your order and for communication purposes for the order or to respond to your inquiry through the Contact Form. Printful will only receive your order and information on where to ship it. Here are Wix and Printful policies.