|Welcome to Athletic Sportswear Ltd t/a Active
PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is
operated by Athletic Sportswear Ltd and its subsidiaries and affiliates
(collectively, "us", "we" or " Athletic Sportswear Ltd
t/a Active Sportswear").
By accessing or using Active Sportswear websites or services, or the mobile versions
of either, (collectively the "Website") you signify that you have
Use" or "Agreement") and any other applicable law, whether or
not you are a registered member of Active Sportswear. Athletic Sportswear Ltd
make yourself aware of any changes. Your continued use of the Website shall be
You may wish to open these terms and conditions in another browser window so
you may print them out
Ownership and Operation
Active Sportswear is operated by Athletic Sportswear Limited ("Activesportswear.ie"
or “us”). Active Sportswear is a company incorporated in the Republic of
Ireland, VAT number 9763245R, company number 489947. Our registered office is
at Unit 8, Block 660, Greenogue Business Plaza, Greenogue Business Park, Rathcoole, Co Dublin, Ireland
You will need to register with Active Sportswear to place an order for products through this
In return for permitting you to use any of the Active Sportswear websites and
benefiting from our services, you agree that any information you provide to us
about yourself at any time will be true, accurate, current and complete and
that you will ensure that this information is kept accurate and up to date. If
incorrect information is supplied, any contractual obligation Active Sportswear
has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or guardians before you:
Email Active Sportswear or post a website comment
Request Active Sportswear e-mail anything to you
Send in any information to Active Sportswear
Purchase anything online
By continuing to use this website and any of the services offered, you are
confirming that you have received the consent of your parents or legal
guardian. PLEASE NOTE that all minors are recommended to discuss these terms
and conditions with their parents before they complete the registration
You acknowledge and agree that all content included on this website including,
but not limited to, website design, text, graphics, audio clips, visual clips,
logos, button icons and the selection and arrangement thereof shall remain at
all times vested in Active Sportswear or its content suppliers and is protected
by Irish and international copyright laws. You are permitted to use this
material only as expressly authorised by the applicable rights holder. Subject
to the foregoing, the page headers, custom graphics and button icons are
(unless indicated otherwise) service marks, trademarks, and/or trade dress of Active
All software used on this website is the property of Athletic Sportswear Ltd t/a Active Sportswear and is protected by Ireland and
international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to
electronically copy and to print in hard copy portions of this website for the
purposes of placing an order with Active Sportswear and using this website as a
shopping resource ONLY. Any other use of materials on this website, including
but not limited to, reproduction for purposes other than those noted above,
modification, distribution, transmission, broadcasting, republication,
downloading or uploading without the prior written permission of Active
Sportswear is strictly prohibited.
Notification of Copyright Infringement
Athletic Sportswear t/a Active Sportswear will, in
appropriate circumstances, terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work has been
used or copied in a way that constitutes copyright infringement, please provide
our Legal Department with a notice (“Notice”) containing the following
1. A physical or electronic signature of the person authorised to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work or works that you claim have been
infringed and which you request to be removed from the site;
3. A description of the location of the material that you claim is being
4. Information sufficient to permit Athletic Sportswear t/a Active Sportswear
to contact you, such as your physical address, telephone number and e-mail
5. A statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorised by the copyright owner, its agent, or the law;
6. A statement by you that the information in your Notice is
accurate and that you are the copyright owner or are authorised to act on the
copyright owner's behalf.
You can notify Active Sportswear of any claims of copyright infringement at the
Athletic Sportswear Ltd t/a Active Sportswear, Unit 8, Block 660, Greenogue Business Plaza, Greenogue
Business Park, Rathcoole, Co Dublin, Ireland
You acknowledge and agree that trademarks included on this website shall remain
at all times vested in, Active Sportswear or any third party licensing use
thereof to Active Sportswear (as applicable). You further undertake not to use
any such trademarks without the prior written consent of Athletic Sportswear
Ltd t/a Active Sportswear, Active Sportswear
Trademarks or Third Party Trademarks without the prior written consent of Active
Sportswear or such third parties as own the applicable trade mark. The Active
Sportswear logo is an official trade mark of Active Sportswear and is the
subject of extensive trade mark registration worldwide.
For further information on intellectual property matters contact us
Athletic Sportswear t/a Active Sportswear, Unit 8, Block 660, Greenogue Business Plaza, Greenogue
Business Park, Rathcoole, Co Dublin, Ireland
Content Supplied by Users
If you send communications or materials to this website by electronic mail or
otherwise, concerning any comments, questions, suggestions or the like, all
such communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such material
infringes any of your rights including without limitation moral rights,
proprietary rights or any other right, including the right to approve the way
in which Active Sportswear uses such material.
Any material submitted to this website, may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold, transmitted or
used on a royalty free basis by Active Sportswear anywhere in the world, in any
medium, in perpetuity.
Please note that this provision does not relate to any personal data that you
submit which will be dealt with in accordance with the provisions of Active
Amending the Terms And
Conditions of Use
Athletic Sportswear t/a Active Sportswear reserve the right to add to, amend,
change or remove any part of these Terms and Conditions at any time. When
material changes are made to the Terms and Conditions, a notice will be
published on the home page of the Active Sportswear.ie website notifying users
that such changes have been made. By continuing to use this website after the
publication of such a notice, you are indicating your acceptance of those
changes. Active Sportswear may add, change, discontinue, remove or suspend any
other content displayed on this website, including features and specifications
of products and services described or depicted on the website, temporarily or
permanently, at any time, without notice and without liability.
Active Sportswear treat customer privacy extremely
may collect from you and details of how we may use this information. You are
Conditions and sets out the way in which your personal data is handled by Active
You agree that you will only use our website in a way which is consistent with
the Terms and Conditions and which complies with applicable laws and regulations.
In particular you agree that you will not use this website to upload or send
any material which contains software viruses or other codes, files or
programmes designed to interrupt, destroy or limit the functionality of any
computer software, hardware or telecommunications equipment or in any other
manner which would interfere with or disrupt this website. You acknowledge that
this website and any goods that you obtain from our website are provided for
your personal use only and may not be used for any commercial purposes or
distributed commercially without our permission.
The majority of the product images displayed on Pro-Direct Sport websites and
in advertisements and catalogues have been created by our own professional team
of photographers, as most product is initially sold on a Pre-Order basis the
image may display the manufacturer' sample, the final released product may have
slight differences in terms of colour or pattern. Once the final released
product is received at PDS if we notice any differences to the sample the
product will be re-shot and image changed on the websites.
Disclaimer: Whilst every effort is made to ensure product images and
descriptions are correct when submitted on PDS websites we will not be held
responsible for any changes made by the manufacturers. Please though read our
FAQ's on what to do if you are unhappy with a product you have received.
Our FAQ section tells you how to order and pay for products. It also addresses
any questions you might have about delivery of your products, your right to
cancel orders or return faulty products to us and our quality assurance.
As part of the initial order confirmation process we will request
Pre-Authorisation of payment from your card issuer, this will show as a pending
transaction for the full value of the order for up to 5 days, if stock is not
available at PDS within that time the pending transaction will be voided
releasing funds back into your available balance. When stock becomes available
we will process a new transaction capturing relevant funds at that point.
Please make sure you have adequate funds in your account around the stock due
Active Sportswear reserves the right to decline orders for bulk or high value
purchases and to change price and availability information without notice.
All orders placed through the Website are subject to Active
Sportswear acceptance. This means that Active Sportswear may refuse to accept
or may cancel any order, whether or not the order has been confirmed, for any
or no reason, and without liability to you or anyone else. If your credit card
has already been charged for an order that is later cancelled, Active
Sportswear will issue you a refund.
If goods are being delivered outside of the EU we will remove any VAT (Value
Added Tax ) applied at the prevailing rate by the Irish
government to goods purchased. Once the package reaches its destination country
any customs or import duties levied by the government of the destination
country must be borne by the recipient.
Active Sportswear accept no liability for any
additional charges levied by the government of the recipient country. By
placing an order on our website the customer acknowledges the recipient accepts
liability for any charges applied by their government (
including, but not limited to taxes,duties,holding
Active Sportswear has no control over these charges and cannot predict what
they may be. Customs policies vary widely from country to country and are
subject to change. Active Sportswear would advise each customer to contact
their local customs office for further information prior to placing any order.
Furthermore, Active Sportswear will also not be liable for any further costs
incurred as a result of customers refusing to pay the applicable customs
charges and will charge accordingly for any charges incurred by Active
Sportswear as a result of the recipient's refusal to pay the applicable charge
levied by Customs.
Customers outside Ireland should be aware Active Sportswear will take payment
in Euro; any conversion shown on the website to USD or Sterling is purely a
guide calculated at that days exchange rate, however
your bank or card issuer may not offer the same rate. Active Sportswear will
not be liable for any further charges your card issuer may levy.
Please note that any promotions/offers on the website
cannot be used in conjunction with any other discounts. Promotions/offers on
one of the Active Sportswear websites will only usually apply to that
particular website and not the whole family of Athletic Sportswear Ltd
Active Sportswear will pre-authorise funds for your transaction at the point of
ordering, however payment is captured for all pre-ordered items just before
they are dispatched from our warehouse or, in the case of personalised items,
before they are sent for personalisation. The reason is to ensure that stock is
allocated against your order.
Funds are pre-authorised for a period of 5 days after which if payment is not
captured the pre-authorisation is voided and those funds will be released back
to your account. Active Sportswear has no control over and does not accept
responsibility for the length of time for funds to be released back to your
If you are placing a pre-order for an item that is not available for more than
5 days after the order is placed please remember to allow for sufficient funds
to be available immediately prior to the date of availability.
By submitting your payment details to Active Sportswear you accept that we will
capture funds at the time stock is available for dispatch, Active Sportswear
will not accept liability for any charges applied by your card provider
relating to the transaction.
Active Sportswear regret that once an order containing
Personalised items has been validated it cannot be changed or cancelled.
All Personalised Items cannot be returned unless deemed to have a genuine fault
All goods supplied by Athletic Sportswear Ltd t/a Active Sportswear are from
official sources and are covered by the normal manufacturer’s warranty. If an
exchange or refund is required then the items should be returned to us in their
original condition and packaging within 28 days of your purchase. (Exceptions
can be arranged for Christmas and gift presents. Contact our Customer Service
Unfortunately we cannot accept a returned item that has been personalized
unless it is a fault of the manufacturer. This does not affect your statutory
In all cases, the items returned must be in their original condition, which
includes any packaging. For example, shoes are to be returned along with the
original shoe box. All goods will be inspected on return. The goods are your
responsibility until they reach our Warehouse. Please ensure you package your
return to prevent any damage to the items or boxes.
We will refund the monetary value of the goods returned to us, at the price you
purchased them. All refunds will be for merchandise only,
we cannot refund shipping costs unless the item was sent in error. We do not
offer a free returns service, however if you return items for replacement, we
despatch the replacement goods to you free of charge.
We reserve the right to refuse a refund or exchange if the goods returned are
deemed to be damaged or dampened with. This does not affect your statutory
Please address return parcels to: Returns Department Active Sportswear, Unit 8,
Block 660, Greenogue Business Plaza, Greenogue Business Park, Rathcoole, Co Dublin, Ireland.
Active Sportswear may provide links to websites owned by Athletic Sportswear
Ltd and associated companies from time to time and/or websites that are owned
by third parties that are not connected with Active Sportswear including other
websites owned by Athletic Sportswear Limited. All links are provided for your
convenience only. Access to websites that are owned by third parties is at your
own risk and none of Active Sportswear has any responsibility or liability for
such third party websites.
The Website may contain services and features that are available to certain
mobile phones. Your carrier’s normal rates and fees apply. If Active Sportswear
charges you for a mobile service, you will first be notified and asked to
accept any charges. Not all mobile services will work with all carriers or
devices. You should check the rates and services offered by your carrier. By
using Active Sportswear mobile services, you agree that we may communicate with
you by electronic means to your mobile device and that certain information
about your use if these services may be shared with us. If you change or
deactivate your mobile phone number, you must promptly update your account
information to ensure that we don’t send your messages to a different person.
Active Sportswear allows you the option to publish about the actions you take
on Active Sportswear Website to Facebook, Twitter and other social platforms. Active Sportswear does not control which
information gets disseminated on participating social platforms. You agree to
allow Active Sportswear to check your Active Sportswear cookies when you are
visiting participating social platforms, and allow Active Sportswear to receive
information about your use of those social platforms. You can deactivate this
publishing feature on your profile page.
You agree to indemnify, defend, and hold harmless Athletic Sportswear Ltd t/a
Active Sportswear, its officers, directors, employees, agents, licensors and
suppliers from and against all claims, losses, liabilities, expenses, damages
and costs, including, without limitation, attorneys’ fees, arising from or
relating in any way to your User Generated Content, your use of Content, your
use of the Website, your conduct in connection with the Website or with other
any third party.
Active Sportswear will
endeavour to ensure that this website is fully operational at all times.
However we cannot guarantee that the website will be fault free. In particular,
access to this website may be interrupted or restricted to allow for emergency
or routine repairs or maintenance to be carried out or the introduction of new
facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that
the Internet uses elements and relies upon services, input and facilities which
are not within the control of Active Sportswear and if Active Sportswear is
totally or partially prevented or delayed in the performance of any of its
obligations in providing a particular service, such a situation will constitute
a 'force majeure' and Athletic Sportswear t/a Active Sportswear shall be
excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall
be deemed to include any cause affecting the performance by Active Sportswear
of its obligations arising from or attributable to acts, events, omissions or
accidents beyond the reasonable control of Active Sportswear and in particular,
but not by way of limitation, shall include strikes, lock-outs, other industrial
action, actual or threatened terrorist action, civil commotion, riot, crowd
disorder, invasion, war, threat or preparation for war, fire, technical or
power failure, software, hardware or telecommunication or other network
failures, interruptions, disruptions or malfunctions, explosions, storm, flood,
earthquake, subsidence, structural damage, epidemic or other natural or
physical disaster, any legislation, regulation, rule or ruling of government,
court or any competent authority.
Active Sportswear reserves its right to restrict, suspend or terminate your use
of this website or any of our services at any time if we believe, in our
absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Active Sportswear, all of their
associate companies, their directors, employees, information providers,
licensors and licensees, officers and partners, (collectively, the
"Indemnified Parties") harmless from and against any and all
liability and costs (including, without limitation, legal fees and costs),
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of these Terms and Conditions. You will co-operate as fully
as reasonably required by Active Sportswear as the case may be, in defence of
any claim. Active Sportswear reserves the right, at their own expense, to
assume the exclusive defence and control of any matter and you shall not in any
event settle any matter without the written consent of Active Sportswear.
Alterations We may amend this website and our services
in any way and at any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our
website or any of the products supplied to you, please contact Active
Sportswear by calling our Customer Service Team on the number advertised on the
relevant Active Sportswear website, by emailing firstname.lastname@example.org or through the comments section on the
website. Our Customer Service Team are available 5 days a week, from 9am until 5pm
weekdays, Please allow 3-5 working days for us to respond to website comments
contain the full and complete understanding between Active Sportswear and you.
No advice or information, whether oral or written, obtained by you through or
from the website or from any conversations with our staff will operate to vary
these terms and conditions.
all contracts made under them shall ensure for the benefit of any successors
and assignees of Active Sportswear.
In situations where Active Sportswear gives you the
option to subscribe to its email service which will update you with news or
information which it considers to be of interest to you, your use of the
content received through the email service will be subject to these Terms and
Website Use Restrictions
You may use the Content only for your own
non-commercial use to participate in the Website or to place an order or
purchase products from Athletic Sportswear Ltd t/a Active Sportswear. Any other
use is prohibited unless agreed to by Athletic Sportswear t/a
Active Sportswear Ltd in writing. You agree not to change or delete any
ownership notices from materials downloaded or printed from the Website. You
agree not to modify, copy, translate, broadcast, perform, display, distribute,
frame, reproduce, republish, download, display, post, transmit or sell any
Intellectual Property or Content appearing on the Website, including User
Generated Content, without the prior written consent of Athletic Sportswear Ltd,
unless it is your own User Generated Content that you legally post on the
Website. You agree not to use any data mining, robots, scraping or similar data
granting any license of intellectual property rights to you.
Limitation of Liability
To the fullest extent permitted by applicable laws, none of Active Sportswear
nor any of their respective directors, employees, affiliates or other
representatives will be liable for loss or damages arising out of or in
connection with the use of, or inability to use, the materials in and/or
facilities or services offered through this website, including, but not limited
to, indirect or consequential loss or damages, loss of data, income, profit or
opportunity, loss of or damage to property and claims of third parties, even if
Active Sportswear have been advised of the possibility of such loss or damages
or such loss or damages were reasonably foreseeable. If this clause is
unenforceable in whole or in part in any jurisdiction due to relevant laws,
then in no event shall Active Sportswear total liability to you for all
damages, losses, and claims (whether in contract, tort (including, but not
limited to, negligence), or otherwise) exceed the amount paid by you, if any,
for accessing this website.
Active Sportswear is not responsible or liable for any User Generated Content
or other Content posted on the Website or for any offensive, unlawful or
objectionable content you may encounter on or through the Website. The Website,
User Generated Content, Content, and the materials and products on this Website
are provided “AS IS” and without warranties of any kind. To the fullest extent
permitted by law, Active Sportswear disclaims all warranties, express or
implied, including, but not limited to, implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement. Active Sportswear cannot
guarantee and does not promise any specific results from use of the Website. Active
Sportswear does not represent or warrant that 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 anything else
harmful. To the fullest extent permitted by law, Active Sportswear does not
make any warranties or representations regarding the use of the materials or
Content in the Website in terms of their correctness, accuracy, adequacy,
usefulness, reliability or otherwise. You understand and agree that you
download or otherwise obtain Content (including any mobile client) at your own
risk, and that you will be solely responsible for your use and any damage to
your mobile device or computer system, loss of data or other harm of any kind
that may result. Active Sportswear reserves the right to change any and all
Content and other items used or contained in the Website at any time without
notice. Some states do not permit limitations or exclusions on warranties, so
the above limitations may not apply to you.
These Terms and Conditions and any contracts made under them are governed by
and shall be governed and construed in accordance with the laws of the Republic
of Ireland whose courts shall be courts of exclusive competent jurisdiction. We
make no representation that materials on this Site are appropriate or available
for use in other locations, and accessing them from territories where their
contents are illegal is prohibited. Customers who access this website from
locations outside the Republic of Ireland do so at their own risk and on their
own initiative and are responsible for compliance with local laws, to the
extent that any local laws are applicable. Nothing in these Terms shall in any
way be deemed to restrict or affect your statutory rights under Irish law.
Athletic Sportswear t/a Active Sportswear reserves the right in its sole
discretion to terminate your account, delete your profile and any of your User
Generated Content, and restrict your use of all or any part of the Website for
any or no reason, without notice, and without liability to you or anyone else. Athletic
Sportswear Ltd t/a Active Sportswear also reserves the
right to block users from certain IP addresses and prevent access to the
Website. You may terminate your account at any time by clicking the “deactivate
account” button in the Account Settings. You understand and agree that some of
your User Generated Content, such as that which is displayed outside your
profile, in activity feeds, in other parts of the Website, or on other social
platforms (e.g., Facebook and Twitter), may continue to appear on the Website
or on other social platforms even after your User Generated Content is removed
Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation
of Liability, Miscellaneous, Severability and terms that by their nature may
survive termination shall survive any termination.
Athletic Sportswear t/a Active Sportswear shall not be
liable for any failure to perform its obligations where such failure is a
result of acts of Nature (including fire, flood, earthquake).