TERMS AND CONDITIONS

USE OF THIS WEBSITE IS SUBJECT TO YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS WHICH HYPER WEAR INC. (“HW”) MAY MODIFY AT ANY TIME. PLEASE REVIEW THESE TERMS CAREFULLY WHENEVER YOU VISIT OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE, INCLUDING OUR ONLINE STORE.

COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY

The “H” logo, Hyperwear®, Hyper Vest®, SandBell®, Hyper Ruck®, SandRope®, Hyper Rope®, SoftBell®, and SteelBell® are registered trademarks. Hyperfit™, Hypertraining™, and SIMPLE. POWERFUL. GEAR.™ are trademarks of Hyper Wear Inc. Hyperwear products are protected by U.S. and international patents, and other patents pending. Other website and online store intellectual property, including but not limited to patents, issued or pending, are the sole property of HW and/or its licensors.

Our website content, including the text, layout, graphics, and code, is copyrighted as a collective work under the United States and other copyright laws and is the property of HW. The collective work includes works that are licensed to HW. COPYRIGHT 2008-2024. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with HW or to purchase HW products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this website, is strictly prohibited unless authorized by HW in writing.

CONDITIONS ON ACCEPTANCE OF ORDERS

All orders placed through the website and online store are subject to HW’s acceptance. HW may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason, in its sole discretion, and without liability to you. If your credit card or PayPal account has already been charged for an order that is subsequently canceled, HW shall issue a credit to your credit card or PayPal account. Should a typographical error in pricing occur, Hyperwear reserves the right to cancel and refund an order. Sales, discounts, and coupon codes are not retroactive and may not be combined. Discount codes may expire at any time without notice.

PLEASE NOTE THAT ORDERS CAN'T BE CHANGED AFTER SUBMISSION. UPON REQUEST, WE WILL DO OUR BEST TO MAKE UPDATES AFTER SUBMITTING YOUR ORDER, BUT THIS IS NOT GUARANTEED AND RETURN SHIPPING FOR INCORRECTLY ORDERED ITEMS IS AT THE CUSTOMER'S EXPENSE.

CONDITIONS ON PROMOTIONS & DISCOUNT CODES

Coupons and Discount Codes do not apply to items that are on sale. Coupons and Discount Codes cannot be combined with other offers and are only valid for the products and purchase amounts designated for the particular code. Discounts, price matching, and coupons are not retroactive. Some orders may be considered for price matching within 24 hours of purchase or sale expiration. Gift cards are not eligible for promotions but do not have an expiration date. Price matching is not guaranteed.

Rewards through Loyalty Program are not retroactive.  One reward coupon per purchase and offers may not be combined.  Reward coupons valid on sale items but not for shipping.

CONDITIONS ON FREE SHIPPING OFFERS

Hyperwear is not liable for lost or stolen packages after confirmed delivery.

All free shipping orders are subject to a weight limit of 75 lbs, a purchase price over $99 unless otherwise stated, and locations within the continental US to regular shipping addresses - does not include PO Box or APO or similar addresses. Orders above 75 lbs require a freight quotation and our acceptance of your order is conditioned on your agreement to pay for shipping. This includes all orders placed within 48 hours with the same shipping address. No splitting of orders is allowed. Free shipping is always limited to the continental United States and the carrier and method HW chooses. Free shipping option listed as FedEx Ground - all other methods do not qualify for free shipping conditions. Hyperwear is not liable for packages lost or stolen after confirmed delivery. Please allow up to several business days for delivery after FEDEX or other carrier confirms delivery. With increased volume, shipping carriers have been running behind but in most cases, your item will be delivered. Ship to a secure location. Hyperwear orders are packaged and shipped from Austin, TX USA and prices are listed in US dollars.

Hyperwear is now offering FREE Fedex One Rate 2-day shipping on most Hyper Vest orders. Select Fedex ground at checkout and shipments are estimated to be delivered within 2 days. The Expedited 2-day delivery option delivers between Monday and Friday.

Package theft is on the rise and Hyperwear is not liable for stolen or lost packages. Many credit cards offer purchase protection so check with your bank.

INTERNATIONAL SHIPPING TERMS

Hyperwear offers international shipping to select countries. By placing an order for international delivery, you agree to the following terms:

Customs Duties and Taxes

All international orders may be subject to customs duties, taxes, and fees levied by the destination country. These charges are the responsibility of the recipient. Hyperwear has no control over these charges and cannot predict what they may be.

Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Shipping Costs and Delivery Times

International shipping costs are calculated at checkout based on the destination, size, and weight of your order.

Delivery times for international orders vary depending on the destination. Estimated delivery times are provided at checkout, but Hyperwear cannot guarantee delivery dates for international shipments due to potential customs delays and other factors beyond our control.

Order Tracking

Tracking information will be provided for international orders when available. Note that some international shipments may not be fully trackable once they leave the United States.

Returns and Exchanges

Initiate a return/exchange/warranty request HERE

Return  and exchange shipping is at the customer’s expense and must be sent via a trackable method via FedEx, UPS or United States Post Office- no need to purchase insurance. Please allow 7-10 business days for refund processing and up to 14 days to receive exchanged items once returned item is received by Hyperwear.  30 Day return policy is extended during the Christmas Holiday Season. Initial shipping charges on orders are not refundable.  

International returns and exchanges are subject to the same return policy as domestic orders, but the cost of return shipping is the responsibility of the customer.

Please contact customer service at customerservice@hyperwear.com for instructions on returning or exchanging international orders.

Limitations of Liability

Hyperwear is not responsible for any delays, damages, or losses incurred during international transit. Once the package leaves the United States, the responsibility for the shipment is transferred to the international shipping carrier.

If your package is held by customs for any reason, it is the responsibility of the customer to resolve the issue with the customs authorities.

Prohibited and Restricted Items

Certain items may be prohibited or restricted from import to your country. It is your responsibility to ensure that the products you are ordering comply with all import regulations of the destination country.

Hyperwear is not liable for any items that are confiscated by customs authorities due to import restrictions.

By placing an international order, you acknowledge and accept these terms and conditions.

 

HYPERWEAR SALES TAX POLICY

Hyperwear complies with state and local laws that require us to collect state and local sales tax where applicable and remit to the taxing state or local authority. In most cases, it is the “ship to” state’s tax laws that apply, however, we may be required to charge taxes on shipping by the “ship from” state. We currently have our offices in and ship from Texas, but this could change. Your state where we deliver may have its own sales or use taxes that apply to your purchase. You are responsible for any applicable sales or use tax. Purchasing on the web or by phone may still subject you to state and local taxes that we do not collect and you are responsible for paying. This policy is also subject to change as tax laws are continually changing.

USER-CREATED OR CONTRIBUTED CONTENT

You acknowledge that HW has no obligation to review, and does not review, the communications, materials, information, opinions, and other content posted and/or contributed by users of the website, online store, and blogs, including, without limitation, in or on bulletin boards, chat rooms, community pages, or other areas related to this website. You agree HW is not in any manner responsible for such content even if it is inaccurate, deceptive, offensive, threatening, defamatory, or unlawful. HW reserves the right to edit, refuse to post, or remove any such content for any reason. HW will make good faith efforts to investigate allegations that any such content violates these Terms of Use but HW will have no obligation and no liability for editing, removing, or continuing to permit the display of such content. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT HW IS NOT RESPONSIBLE FOR ANY CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.

You agree not to post anything to the website which HW determines to be harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, a possible violation of a copyright, trademark, or other intellectual property rights, invasive of another’s privacy or publicity rights, possibly illegal, or against HW’s best interests, all in HW’s sole discretion. You agree that HW is free to use any content, designs, creations, or ideas posted by you to this website, or created by you while using the website, or contained in any communication you send to HW in any form, without notice, compensation, or acknowledgment to you for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the website or other products or services.

LINKS

HW may provide links to third-party websites. HW has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of HW. These linked websites are only for your convenience and therefore you access them at your own risk. HW seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

WARRANTY DISCLAIMER

THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY IS MADE REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE: PURCHASES FROM UNAUTHORIZED SELLERS

Hyperwear makes its products available from a limited number of authorized resellers. Our commitment to customers is that they receive new, quality products backed by Hyperwear’s customer service, exchange, returns and limited warranty (“Services”). Only products purchased from an authorized Hyperwear reseller and accompanied by proof of purchase by the customer are eligible for any services. This includes exchanges of weighted vests for a different size. Purchasing from an unauthorized website or reseller is risky because products may be counterfeit, used, defective, or may not fit. If you have a question or concern about unauthorized resellers contact us at customerservice@hyperwear.com.

WARNING

Exercise at your own risk. There is a risk of serious or fatal injury while exercising. You must have proper instruction and supervision during exercise. Do not exercise without first consulting your doctor.

CALIFORNIA CONSUMERS CALIFORNIA PROPOSITION 65 WARNING

Products may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. (For questions about Prop 65: [http://oehha.ca.gov/prop65/p65faq.html](http://oehha.ca.gov/prop65/p65faq.html)). Contact Hyper Wear Inc. at 1-888-460-0628 with other questions.

LIMITATION AND WAIVER OF DAMAGES

HW SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF HW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

NOTWITHSTANDING THESE TERMS, IF HW IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT HW’S LIABILITY SHALL IN NO EVENT EXCEED ONE THOUSAND U.S. DOLLARS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

These terms, your purchase from HW, and your use of the HW website shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the purchase of HW products or use of this website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Travis County, Texas. By using the website, you agree to receive electronic communications from HW. You agree that any notice, agreement, disclosure, or other communication that HW sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

MOBILE PROGRAM TERMS OF SERVICE

HYPERWEAR MOBILE MESSAGE SERVICE TERMS AND CONDITIONS

The HYPERWEAR mobile message service (the “Service”) is operated by Hyper Wear INC. (“Hyperwear,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Hyperwear’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) or sales promotions, company updates, fitness content, etc. from and on behalf of Hyperwear via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hyperwear. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP in reply to any message to opt-out. Click the unsubscribe link in any text message to cancel if applicable. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Hyperwear mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email customerservice@hyperwear.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. You always have the option to email us at customerservice@hyperwear.com for resolution.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Last updated: June 16, 2024