Our business is designing, sourcing and selling active wear (Clothing). Clothing sold via this website is sold upon the Terms and Conditions set out below.

TERMS AND CONDITIONS

These Terms and Conditions apply to anyone who visits www.leteactive.com (the “Website”) or who shops or otherwise interacts with us in any of our stores, pop-ups, partners or elsewhere. We also have a Privacy Policy and may have other terms and legal notices and conditions applicable to various activities on the Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of the Website (e.g., contests, promotions or other similar features). All such additional terms, notices and conditions (“Supplemental Terms”) are incorporated herein by reference, and shall, together with the Terms of Use, be a contractual agreement (these Terms of Use together with the Supplemental Terms, the “Terms”) between Lete Active Limited (“Lete Active”, “us” or “our”) and you. If there is a conflict between the Supplemental Terms and these Terms of Use, the Supplemental Terms will control. To the extent these Terms or the Website link to a third party’s website or content, Lete Active is not responsible for that information or any other actions by those third parties.

BY USING THE WEBSITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE.

Except as otherwise provided, the Terms are subject to change at any time without notice. Any changes to the Terms are effective upon posting to the Website.

PRIVACY NOTICE 

To view Lete Active's Privacy Policy Click Here

Our Privacy Policy is incorporated into these Terms and your agreement to these Terms is also agreement to and notice of the contents of our Privacy Policy. By accepting these Terms, you hereby acknowledge and consent to (i) Lete Active’s collection and use of your Personal Information (as defined in the Privacy Policy) in accordance with the Privacy Policy and these Terms; and (ii) Lete Active’s placement and use of cookies as described in the Privacy Policy. The Privacy Policy may be updated from time to time at Lete Active’s discretion and changes will be effective upon posting to the Website.

The Website is the property of Lete Active and Lete Active may therefore capture interactions with the Website, in accordance with our Privacy Policy, including your use of the Website. To do so, we use technology that maintains a record of your browsing session, including without limitation, the Meta pixel. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes. To learn more about Facebook ads, click here. By using the Website and agreeing to these Terms you consent to Lete Active capturing your interactions with it. If you disagree with this, do not use the Website. Such technology may also include your interaction with video players and other widgets and technology on our Website. By agreeing to these Terms, you agree to the collection and transfer of such browsing session information for the above-stated purposes.

Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ reasonable measures intended to protect your information from unauthorized use or disclosure.

1. Definitions

Contract means the contract between you and us for the purchase of any Clothing and incorporating these Terms and Conditions.

Customer (you and your) means the customer who contracts for the purchase of any Clothing.

Delivery means delivery of the Clothing in accordance with clause 8;

Online Store (www.leteactive.com) means the online shopping portal where Clothing is displayed and via which our Clothing is available for purchase.

Price means all fees, expenses, and costs for Clothing further identified in any tax invoice issued by us to you, which tax invoice(s) are deemed to be incorporated into and form part of these Terms and Conditions.

Clothing means any active wear supplied by us to you at any time via our Online Store. ;“we”, “us” and “our” means Lete Active Limited.

2. Interpretation

2.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

(a)  that statute or statutory provision as modified, consolidated and/or re- enacted from time to time; and

(b)  any subordinate legislation made under that statute or statutory provision.

2.2  The clause headings are intended as an aid to reading and do not affect the interpretation of these Terms and Conditions.

2.3  These terms shall be given a fair, large and liberal interpretation to the fullest extent permitted by law and shall not be construed against us. 

2.4  In these Terms and Conditions, “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts.

3. Acceptance

3.1  Your use of our Online Store for the purchase of any Clothing shall constitute a binding Contract and affirms your acceptance of the Terms and Conditions contained herein.

3.2  Upon acceptance of these Terms and Conditions by you, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with our written consent.

4. Price and Promotions

4.1 The price payable for the Clothing shall be the price displayed on our Online Store at the time of purchase. All prices are shown in the currency stated on the Online Store and include any applicable taxes unless otherwise specified.

4.2 We reserve the right to change, update or correct pricing at any time and for any reason, including (without limitation) in connection with promotions, sales events, seasonal discounts, or pricing errors. Prices may vary between markets, currencies, and sales channels.

4.3 Any promotional offers, coupon codes, affiliate discounts or ambassador discounts:

(a) are valid only for the period and conditions stated;

(b) cannot be applied retroactively to previous purchases;

(c) may not be combined with other promotions, discounts, or codes unless expressly stated; and

(d) are subject to change, suspension or withdrawal by us at any time in our sole discretion.

4.4 Where a pricing error or incorrect discount has been applied, we reserve the right to cancel any order placed at the incorrect price or adjust the order total with your consent before shipping. If you do not wish to proceed after a correction, we will issue a prompt refund.

5. Payment

5.1 Payment for any Clothing must be made in full at the time of purchase through the payment methods offered on our Online Store.

5.2 By submitting an order, you authorise us (or our third-party payment processors) to charge the selected payment method for the full order amount, including applicable taxes, shipping fees, and any adjustments agreed to under clause 4.4.

5.3 If your payment fails or is reversed after shipment, you remain liable for the full order amount and any related recovery costs.

6. Cancellation

6.1  We reserve the right to cancel any Contract and these terms and conditions or cancel delivery of the Clothing at any time before the Clothing is delivered by giving written notice. On giving such notice, we shall promptly repay to you any sums paid in respect of the Price.

6.2  In the event, we exercise our rights pursuant to clause 6.1, we shall not be liable for any loss or damage arising from such cancellation.

7. Effects of cancellation

7.1  Upon cancellation of this Contract, all the provisions of these Terms and Conditions will cease to have effect, save for those provisions intended to and that will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).

7.2  Cancellation of this Contract will not affect either party’s accrued liabilities and rights (including, where relevant, any accrued rights to be paid) as at the date of cancellation.

8. Sales, Delivery, Shipping & Risk of Loss

8.1 Delivery completion

Delivery will be completed when we deliver the Clothing to the address nominated by you at checkout. You will bear the cost of delivery to that address, as shown separately at checkout or on the relevant invoice. Once the Clothing is handed to the carrier for delivery, the carrier shall be deemed to be your agent and the risk of loss or damage to the Clothing passes to you.

8.2 Delivery estimates

Any delivery dates or timeframes we indicate are estimates only. We will use reasonable endeavours to deliver your order on time, but we will not be liable for any delays, late delivery, non-delivery, or any resulting loss or damage. Our failure to deliver on a suggested date shall not entitle either party to treat this contract as void or cancelled.

8.3 Shipping restrictions & verification

We may require verification of your order or payment information prior to acceptance or shipment and reserve the right, without prior notice, to limit the quantity of any product supplied, refuse service, or cancel any order where there is a pricing, promotion, or stock error or suspected fraud.

8.4 Damage or loss in transit

Once risk has passed to you under clause 8.1, you are responsible for filing any claims with the carrier for lost or damaged goods. We are not responsible for any loss or damage that occurs after the order has been delivered to the carrier.

8.5 Availability

We do not guarantee that any particular style, size, colour or product will remain in stock. If an item becomes unavailable after your order is placed, we will notify you and either cancel that item or help you arrange an exchange or refund.

8.6 Product descriptions

We make every reasonable effort to ensure that the descriptions, images and other details of our Clothing shown on the Online Store are accurate and current. However, we do not warrant that any description, photograph, price, stock level or other content is error-free, complete, reliable or current. We reserve the right to correct typographical errors, inaccuracies or omissions (including after you have submitted an order) and to update or change information at any time without prior notice. If a product you receive is materially different from the description on the Online Store, your sole remedy is to return it in accordance with our Returns Policy.

8.7 Colours

We have tried to display the colours of our Clothing as accurately as possible. The colours you see will depend on your device screen and settings; we cannot guarantee that your display will be accurate, complete or error-free.

9. Returns policy

9.1 Return window
If you are not completely satisfied with your purchase, you may request a return within 14 days of receiving your order. To start a return, you must notify us in writing at info@leteactive.com and provide proof of purchase.

9.2 Condition of returned items
Returned items must be unworn, unwashed, undamaged, and in saleable condition, with original tags and packaging intact. For hygiene reasons, bottoms, bodysuits and undergarment-style products must be tried on over underwear and returned with hygiene seals intact.

9.3 Sale and promotional items
Items purchased at 40% off or greater, final sale, or marked as clearance are not eligible for return or refund unless faulty under consumer law. Other discounted items may be exchanged or refunded if returned in accordance with this policy.

9.4 Shipping costs
Courier and shipping charges are non-refundable. You are responsible for the cost and risk of returning goods to us. We recommend using a tracked shipping method.

9.5 Refunds
Once we receive and inspect your return, we will confirm if it meets our policy. Approved refunds will be issued to your original payment method within a reasonable time.

10. Privacy Act 1993 (New Zealand)

10.1 You authorise us or our agent to:

(a)  access, collect, retain and use any information about you;

(b)  for the purpose of marketing Clothing and services to you.

(c) disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of: providing or obtaining a credit reference; debt collection; or notifying a default by you.

10.2  Where you are a natural person the authorities under clause 10.1 are authorities or consents for the purposes of the Privacy Act 1993.

10.3  You shall have the right to request a copy of any information about you retained by us and the right to request us to correct any incorrect information about you held by us or for us to delete any information about you held by us.

11. Dispute Resolution

11.1 If a dispute arises between us about anything in relation to this Contract, then either party may notify the other in writing stating there is a dispute and giving details of it. You agree to first attempt in good faith to settle the dispute. These attempts may include using alternative dispute resolution techniques. Should these attempts not result in a resolution within one calendar month, then no proceedings will be issued in Court in respect of the dispute without the dispute first being mediated by a single mediator appointed by agreement between the parties and failing agreement and on the application of one of them, by the Chief Executive Officer for the time being of the Resolution Institute of New Zealand. The parties agree to mediate any dispute in terms of the Resolution Institute standard Mediation Agreement (NZ version).

12. Intellectual Property Rights

12.1  By purchasing the Clothing you do not acquire any right, title or interest in any intellectual property rights, including without limitation any right to copyright, trade marks and patents, relating to, or found contained within any of the Clothing.

12.2  You must not use or seek any intellectual property rights, including without limitation any right to copyright, trade marks and patents, the rights to which belong to us or our suppliers or manufacturers, or found contained within any of the Clothing, or cause, assist or permit anything to occur which may interfere with, damage or endanger those intellectual property rights.

12.3  You agree not to at any time before or after the termination of this agreement, either directly or indirectly:

(a)  use or seek, or allow any third party to use or seek to register any of the trademarks, logo, labelling which includes or is identical or deceptively or confusingly similar to, any of the trademarks or intellectual property belonging to us or found contained within any of the Clothing; or

(b)  challenge in any legal proceedings, or otherwise, the validity or ownership of the intellectual property or our rights to register any trademark whether inside or outside the territory.

12.4  You must notify us immediately when you become aware of any unauthorised use or attempted use or infringement by any person of our copyright, trade marks or other intellectual property rights or those of our suppliers.

13. Force Majeure

13.1 We shall not be liable for any failure or delay to deliver the Clothing where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside our reasonable control including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport

delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

14. Limitation of Liability

14.1 You acknowledge and agree that:

(a)  our liability to you shall be limited to the amount equal to the Price as detailed on our invoice in each instance.

(b)  we shall under no circumstances be liable to you or any other party for incidental, indirect, consequential or punitive damage or loss, cost or expense, including without limitation, damage based upon lost goodwill, lost sales or loss of profit, delay in delivery, work stoppage, production failure, impairment of other assets or based on any other cause, and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation, negligence or otherwise.

(c)  we shall under no circumstances be liable to you for any damage, costs or liabilities caused by the use of defective Clothing or improper handling thereof or use of the Clothing or any purpose other than that for which the Clothing is intended.

15. General

15.1  Our failure to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

15.2  These terms and conditions and any agreement to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

15.3  You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.

15.4  We may license or sub-contract all or any part of our rights and obligations without your further consent.

15.5  You agree that we may amend these terms and conditions at any time. If we make a change to these terms and conditions, then that change will take effect from the date on which we update such change to our Online Store. You will be taken to have accepted such changes if you make a further request for us to provide any Clothing to you.

15.6  You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, you are not insolvent and that this agreement creates binding and valid legal obligations on you.

16. Content Creation & Usage Rights

16.1 User-Generated Content (UGC).

By tagging @leteactive, using hashtags associated with Lete Active (including but not limited to #MoveWithLete), submitting content directly to us, or otherwise sharing photos, videos, or other media featuring our products (collectively “Content”) anywhere online or offline, you grant Lete Active Limited a worldwide, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, create derivative works from, and otherwise exploit such Content in any media now known or later developed, including but not limited to advertising, marketing, social media, email, website, e-commerce, paid campaigns, and other promotional channels, without further notice, approval, or compensation to you.

16.2 Ambassadors &   Creators.

Any content you create as part of our ambassador, affiliate, or gifting programs (including product photography, video, and reviews) is considered UGC and subject to the same license in 16.1, regardless of whether the content was created in exchange for commission, gifting, or discounted purchases.

16.3 Moral Rights Waiver.

To the maximum extent permitted by law, you waive any moral rights (including rights of attribution or integrity) you may have in the Content.

16.4 Ownership.

You retain ownership of your Content but agree that Lete Active Limited may use it without restriction as described above.

16.5 Affiliates Ambassador Program, Influencer, Creator &   Paid Collaborations Disclaimer

If you participate in our affiliate, ambassador, or gifting programs, you are responsible for complying with all applicable advertising and disclosure laws and platform requirements (including but not limited to FTC and ASA guidelines). You must clearly disclose any gifted product, discount, or commission-earning links when sharing our products online.

17. User Content Rules

17.1 Your responsibility.

If you post, share, upload, tag, or otherwise make available any photos, videos, reviews, comments or other materials (“User Content”) on our website, social media channels, or related platforms, you are solely responsible for that content. Lete Active Limited is not responsible or liable for any User Content posted by other users that you may encounter.

17.2 Reporting violations.

If you become aware of any violation of these User Content Rules or other unacceptable behaviour, please report it to us by emailing info@leteactive.com.

17.3 Right to moderate or remove.

We reserve the right (but have no obligation) to monitor, review, edit or remove any User Content at our sole discretion if we believe it violates these Terms or is otherwise harmful, offensive, or unlawful.

17.4 Prohibited User Content.

Without limitation, you agree not to post, upload, transmit or share any User Content that you know or reasonably believe:

(a) is defamatory, abusive, obscene, profane, offensive or harassing;

(b) is false, inaccurate or misleading;

(c) infringes any intellectual property rights, publicity rights, or privacy rights of any person or entity (including logos, music, videos, photographs, artwork or other materials you do not own or have permission to use);

(d) violates any law, statute, ordinance or regulation (including consumer protection, unfair competition, anti-discrimination, export control or false advertising laws);

(e) promotes racism, bigotry, hatred or physical harm against any group or individual;

(f) promotes or encourages violence or destruction of property;

(g) promotes or facilitates illegal or unauthorised activities, including the circumvention of security measures or unauthorised copying of copyrighted works;

(h) contains advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not expressly authorised by us;

(i) contains viruses, malware or any code intended to interrupt, damage or limit the functionality of our website or other systems.

17.5 Exposure to third-party content.

By using our website or engaging with our online community, you understand that you may be exposed to User Content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of such content.

18. Copyright & Intellectual Property Complaints

18.1 Respect for intellectual property.

Lete Active Limited respects the intellectual property rights of others and expects all users of our website, social media channels and ambassador programs to do the same. You may not upload, post, share or otherwise distribute any material that infringes the copyrights, trademarks or other proprietary rights of any person or entity.

18.2 How to report infringement.

If you believe that your copyright or other intellectual property rights have been infringed by material appearing on our website or any platform we control, please notify us in writing at:

Lete Active Limited

Email: info@leteactive.com

Your notice must include:

• Your name and contact details (address, phone, email).

• A description of the work you believe has been infringed.

• The exact location (URL or screenshot) of the infringing material.

• A statement that you have a good-faith belief the use is not authorised by the rights owner, its agent or the law.

• A statement that the information in your notice is accurate and, if relevant, that you are the copyright owner or authorised to act for them.

• Your electronic or physical signature.

18.3 Our response.

On receiving a valid notice, we may remove or disable access to the reported material and contact the user who posted it. If that user believes the removal was a mistake or that they have the right to use the material, they may respond in writing to dispute the claim. We may restore the material if legally permitted.

19. Marketing Communications & Digital Outreach

19.1 Consent to Marketing:
By purchasing from us or signing up through our Website, you may choose to receive marketing communications (including but not limited to email newsletters, promotional SMS/text messages, digital advertising through platforms such as Meta/Facebook, Instagram, Google, and other channels). You can opt out of these communications at any time by using the unsubscribe link provided in our emails or by replying “STOP” to SMS messages (where applicable).

19.2 Accuracy of Contact Details:
You agree to provide accurate contact information so we can deliver order-related updates and any marketing communications you have consented to receive.

19.3 Digital Advertising:
We may use cookies, pixels, or similar technologies to deliver relevant ads to you across digital platforms (including but not limited to Meta, Google, Pinterest, TikTok). These may rely on anonymised or hashed data and comply with platform privacy requirements.

19.4 Promotions & Offers:
All promotions, discounts, coupon codes, ambassador incentives, or other offers are subject to change or withdrawal at any time at our sole discretion. We reserve the right to cancel, refuse, or modify any promotion if fraud, technical errors, or misuse are suspected, or where required by law.

20. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

YOUR USE OF THIS WEBSITE AND OUR CLOTHING IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LETE ACTIVE LIMITED PROVIDES THE WEBSITE, ITS CONTENT, AND ALL CLOTHING “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND — WHETHER EXPRESS OR IMPLIED — INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

TO THE EXTENT PERMITTED BY LAW, WE DO NOT GUARANTEE THAT THE WEBSITE OR ANY CONTENT IS FREE FROM ERRORS, INACCURACIES, INTERRUPTIONS, OR HARMFUL COMPONENTS, AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR OTHER PROPERTY ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS.

Product care & hygiene: It is your responsibility to follow care instructions and launder products before use if desired. To the maximum extent allowable by law, we will not be liable for any injury, irritation, allergic reaction, or harm arising from use of our Clothing.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LETE ACTIVE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR CLOTHING, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR CLOTHING, REGARDLESS OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any liability is found to exist that cannot lawfully be excluded, our aggregate liability shall not exceed the total amount you paid for the specific Clothing giving rise to the claim.

You agree to defend, indemnify and hold harmless LETE ACTIVE LIMITED, its officers, directors, employees, partners and agents from and against any and all claims, losses, liabilities, damages, costs or expenses (including reasonable legal fees) arising out of or relating to:
(i) your breach of these Terms;
(ii) your User Content, ambassador/affiliate content, or UGC shared with or tagged to us;
(iii) your misuse of the Website, our promotions or offers; or
(iv) your violation of applicable law or third-party rights.

This Website is intended for individuals aged 18 and over.