Terms of service

OVERVIEW
Welcome to ACTIV DAY! The terms "we", "us" and "our" refer to ACTIV DAY. ACTIV DAY operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). ACTIV DAY is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you confirm that you are legally capable of entering into a binding contract. If you are under 18, you should only use the Services with the involvement and permission of a parent or guardian.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You agree that all information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You must not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order with ACTIV DAY, you are making an offer to purchase the products in your order. Your order is accepted once we confirm acceptance and payment has been successfully processed.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there has been an error in the price or product information, payment cannot be authorised, or we reasonably suspect fraudulent or unauthorised activity. If we cancel an order after payment has been taken, we will refund the relevant amount.

Please review your order carefully before submitting it. If you need to request a cancellation or amendment, please contact us as soon as possible. We cannot guarantee that an order can be changed or cancelled once it has begun processing.

Returns and refunds are subject to our Returns & Refunds Policy and your statutory rights.

Products purchased from ACTIV DAY are intended for personal or household use unless otherwise agreed.

SECTION 4 - PRICES AND BILLING
All prices displayed on our UK online store are shown in pounds sterling (GBP) and include any applicable taxes unless clearly stated otherwise.

Delivery charges, where applicable, will be clearly displayed before you complete your purchase.

Prices, discounts and promotions may change from time to time. Any changes will not affect orders that have already been accepted by us.

We take reasonable care to ensure that prices and product information are accurate. If we discover an obvious pricing error after you place an order, we will contact you before processing the order and give you the option to proceed at the correct price or cancel the affected item or order.

You agree to provide current, complete and accurate purchase, payment and account information when placing an order.

SECTION 5 - SHIPPING AND DELIVERY
We aim to dispatch and deliver orders within the time frames stated on our website. Delivery dates and times are estimates unless expressly stated otherwise.

We are not responsible for delays caused by events outside our reasonable control. If a significant delay occurs, we will provide you with the information and options required by applicable consumer law.

Products remain at our risk until they are delivered into your physical possession, or the possession of a person identified by you to receive them, except where applicable law provides otherwise.

Please ensure that the delivery information supplied when placing your order is complete and accurate.

SECTION 6 - INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through the Services, including our brand name, logos, product names, text, photographs, graphics, videos, designs and other content, is owned by or licensed to ACTIV DAY and is protected by applicable intellectual property laws.

The Services and their content are provided for your personal, non-commercial use. You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our content without our prior written permission, except where permitted by law.

Nothing in these Terms grants you any ownership rights or licence to use the intellectual property of ACTIV DAY, Shopify or any third party except as expressly stated.

ACTIV DAY's names, logos, product names, designs and slogans may not be used without our prior written permission. Shopify's names, logos and other intellectual property remain the property of Shopify. All other third-party trademarks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
ACTIV DAY is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with ACTIV DAY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ACTIV DAY, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ACTIV DAY.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ACTIV DAY, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
We take reasonable care to ensure that the information provided through the Services is accurate and up to date. However, information provided for general informational purposes should not be relied upon as professional advice.

Nothing in these Terms excludes or restricts any rights or remedies you have under applicable consumer law. Products supplied by ACTIV DAY must meet the standards required by law, including being as described, of satisfactory quality and fit for their intended purpose where applicable.

We do not guarantee that access to our website will always be uninterrupted, secure or error-free, although we will take reasonable steps to maintain the availability and security of the Services.

SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory rights in relation to goods purchased from us.

Subject to the above, ACTIV DAY will not be responsible for losses that were not reasonably foreseeable when the contract was formed, or for losses resulting from events outside our reasonable control.

If you use our products or Services for commercial or business purposes, we will not be responsible for business losses such as loss of profits, revenue, business opportunities or anticipated savings, to the extent permitted by law.

These Terms do not affect your statutory rights as a consumer.

SECTION 18 - RESPONSIBILITY FOR MISUSE
You are responsible for your use of the Services and must comply with these Terms and applicable law.

You may be responsible for losses reasonably incurred by ACTIV DAY as a direct result of your unlawful use of the Services or a serious breach of these Terms, where permitted by law.

Nothing in this section affects your statutory rights as a consumer or imposes liability on you that cannot lawfully be imposed.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any contracts between you and ACTIV DAY are governed by the laws of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you will continue to benefit from any mandatory protections available to you under the laws applicable where you live and may bring proceedings in the courts available to you under applicable law.

Nothing in these Terms limits any rights you may have under applicable consumer law.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact:

Activ Day
Email: info@activday.co.uk
Address: 8 Nightingale Close, Rowlands Castle, PO9 6EU, United Kingdom