Terms and Conditions
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PRIME LIFE FIBERS, INC. (dba WEAREVER), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WEAREVER AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
- Order Acceptance and Cancellation. We are here to assist to you in completing your order and to answer any questions you may have about our incontinence panties and briefs. You may contact Wearever Underwear via email at email@example.com or by telephone toll-free at 1-866-379-8198 between the hours of 9 am to 5 pm EST Monday thru Friday. You can also use our online contact form. For fastest service, please call the toll-free number-1-866-379-8198 between the hours of 9 am to 5 pm EST, Monday thru Friday.We request that you provide us with your email address at the time you place your order at firstname.lastname@example.org or by telephone toll-free at 1-866-379-8198 between the hours of 9 am to 5 pm EST Monday thru Friday. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered if you provided us with an email at the time you submitted your order; otherwise, we will not be able to provide this confirmation email. We reserve the right to refuse any order you place with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per order, per geographic location, or per jurisdiction. These restrictions may include orders placed by or under the same customer name, customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Products may have limited quantities and are subject to return or exchange only according to our return policy as set forth in the Site. We may exercise this right on a case-by-case basis. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided by you at the time you submitted your order. We may request additional information or documents from you in order to confirm that you are the holder of the payment instrument that was used to place the order or are otherwise authorized to place the order. If you do not reply to our request for information or documents in a timely manner, we reserve the right to cancel your order. Our acceptance of your order creates the formation of the contract of sale between Wearever and you. You have the option to cancel your order at any time before we have sent your shipping confirmation email by calling our Customer Service Department at 1-866-379-8198 between the hours of 9 am to 5 pm EST, Monday thru Friday or by email at email@example.com.
- Prices, Payment Terms, and Taxes.
(a) All descriptions of products or product pricing posted on this Site are subject to change at any time without notice, at our sole discretion. We reserve the right to change the goods advertised or offered for sale through Wearever, the prices or specifications of any such goods and any promotional offers and any content available at any time and from time to time without any notice or liability to you or any other person.
(b) The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless otherwise set forth on our Site. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, we validate your credit card at the time you place the order and we charge your credit card as soon as the order is shipped. We accept VISA, MasterCard, American Express, Discover, FSA/HSA cards, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(d) We are required by law to collect State taxes of 7% from residents of North Carolina. We may be required to collect State taxes from other residents of other States as each such State changes their respective tax laws; in such event, the amount of tax will be listed on your receipt.
- Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you.
(b) Free standard shipping is available only on each order in excess over $60.00 (exclusive of taxes and shipping charges).
(c) Wearever does not ship orders outside of the United States. Any international orders placed through our Site will be cancelled. For international orders, please check out our International Distributors page to see if there is a distributor in your country.
(d) We ship the majority of our orders via USPS. If you need your order to ship via a specific carrier, please call our toll-free number 1-866-379-8198 to have a representative give you a quote on the cost and take the order. If you need your order to be expedited, please call our toll-free number 1-866-379-8198 to have a representative give you a quote on the cost and take the order or select the one of the two expedited shipping options at checkout.
(e) Orders typically ship within 5-14 business days from the date of your purchase. We do not ship on weekends or federal holidays. You will be notified via email when your order was shipped.
(f) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds; Promotions. Except for any products designated on the Site or within these Terms as non-returnable, which includes “final sale” items, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 60 (sixty) days of date of delivery, and provided such products are returned in their original factory packaging. Remember, the items returned should not be opened, washed, or worn. Please do not return any items that have been opened, washed, or worn as we will not accept them or issue a refund. We will honor the First Pair Guarantee set forth in Section 6, First Pair Guarantee and Limitation of Liability, without that item being returned.
To return products, you must comply with the following process:
(a) Fill out the return form at the bottom of the packing slip.
(b) Make sure all items are in the original factory packaging. Remember, the items returned should not be opened, washed, or worn.
(c) Place the return form and the items you want to return in an envelope or box.
(d) Address your package to the "Wearever Returns Dept." and mail your package back to us. Please keep the tracking number as proof of return.
For returns and exchanges, please arrange for shipping back to us. Wearever is not responsible for providing return labels or paying for shipping and handling. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Wearever will gladly cover the shipping of the new products only back to you as part of our First Pair Guarantee. We will process your refund per our policy, when we receive the return. If you would like a different item, please place a new order for that item. If you need assistance with placing a new order, please call us at 1-866-379-8198.
Returns must be sent to the following address:
Prime Life Fibers
Attn: Returns Dept
4537 Hillsborough Rd.
Durham NC 27705
No returns of any type will be accepted without your compliance with the above return process.Any items returned to us worn, washed, or otherwise un-sellable items (this includes strong smells such as smoke or heavy perfume) will not be refunded and will be destroyed for health reasons. All “final sale” items are not eligible for return or exchange. Wearever is not responsible for returning non-refundable items to the buyer or for providing return labels.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR IF A PRODUCT HAS BEEN OPENED, WASHED, OR WORN.
Promotions.Unless otherwise stated in a specific promotion, only one promotion per household per transaction is redeemable. Offers cannot be combined unless otherwise stated. We reserve the right to cancel promotions at any time and for any reason. We have the right to limit promotions in any way we see fit. We reserve the right to cancel orders that we deem are taking advantage of the spirit of our promotions.
- FIRST PAIR GUARANTY and LIMITATION OF LIABILITY.
First Pair Guarantee.With our First Pair Guarantee, Wearever experts will work with you to identify the right fit, style, and absorbency. Try one! If you don’t feel like yourself in them, we will exchange your pair for a different size or issue you a refund for (1) pair per household individual. Any opened, worn, or washed pairs beyond the first pair are non-refundable. If you would like more information about our First Pair Guarantee, please reach us at 1-866-379-8198 or firstname.lastname@example.org.
DISCLAIMER AND LIMITATION OF LIABILITY.EXCEPT FOR THE FIRST PAIR GUARANTEE SET FORTH IN THIS SECTION 6 ABOVE, WEAREVER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO OUR PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) WARRANTY OF TITLE, (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE FIRST PAIR GUARANTEE DESCRIBED ABOVE IS YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS FIRST PAIR GUARANTEE. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS FIRST PAIR GUARANTEE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
- Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price," and the like mean the purchase or sale of a product to you. Each product marketed on this Site is made available solely for sale, not license, to you and other prospective customers under the terms, conditions, and restrictions of these Terms.
(b) You will comply with all Terms for any product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, and transfer of our products.
(c) You will not cause, induce or permit others' noncompliance with these Terms.
(d) Wearever is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
- Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, pandemics, or explosions; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, supply chain issues, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give written notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by it under this Section 10, either party may thereafter terminate this Agreement upon thirty (30) days' written notice.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina. The parties further agree that the location and jurisdiction for any disputes regarding this Agreement shall be proper only in any federal or state court located only in Wake County or Durham County, North Carolina.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wearever.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. This is your consent that we can provide any notice to you regarding our products, your order, changes to these Terms, and any other matter we deem appropriate by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email (unless we receive notice of non-delivery) and notices we provide by posting on the Site will be effective upon posting on the Site. It is your responsibility to keep us informed of your current email address and to keep your email address active.Please visit the Site regularly to review the prevailing disclosures and notices and check for updates. We will not be liable to you or any third party for any losses resulting from your failure to comply with the foregoing.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Wearever, 4537 Hillsborough Rd., Durham, NC 27705. We may update the email address or the physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Choice Of Words-Mutual Intent. The language use in these Terms are deemed to be the language chosen by the parties hereto to express their mutual intent. Neither party will assert that it did not draft the words used in these Terms so that any ambiguities are resolved against the party that drafted these Terms so that the rule of strict construction will not be applied against either party to these Terms.
- Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
- Chat Box. We have a chat box on the Site. Please use that feature to communicate directly with us regarding your questions, your order, or other matters connected with our products.
- Reviews. We encourage to leave honest feedback regarding your experience with each of our products that you use following your purchase from us under the “Reviews” tab applicable to each product on the Site. We appreciate your feedback and consider it as we make any improvements to our products, where possible.
- Interactive Services. The Chat Box and Reviews are interactive features on the Site (“Interactive Features”) that allow you to post, submit, publish, display, or transmit to other users of our Site (hereinafter, “post”) content or materials (collectively, “User Contributions”) on the Site. You agree that you will not use the Chat Box or the Reviews in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, terminate or suspend your access to all or part of the Site. YOU WAIVE AND HOLD HARMLESS WEAREVER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEAREVER AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WEAREVER, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.