terms & conditions

These Terms & Conditions (“Terms”) govern your access to and use of the OVA Performance website and your purchase of products offered by OVA Performance LLC (“OVA Performance,” “Company,” “we,” “us,” or “our”), a Wyoming limited liability company located at 30 N Q Street, Sheridan, Wyoming, United States.

By accessing our website, creating an account, placing an order, purchasing a product, or otherwise using our services, you agree to these Terms. If you do not agree, please do not use our website or purchase our products.

By using our website or purchasing products you represent that you have the legal capacity to enter into a binding agreement, that the information you provide is accurate and complete, that you will use our website for lawful purposes, and that you will comply with these Terms and applicable laws. If you make a purchase on behalf of another person or entity, you represent that you have authority to do so.

OVA Performance specializes in performance apparel and related products. We make reasonable efforts to ensure product descriptions, photographs, sizing information, colors, and specifications are accurate. Slight variations may occur due to screen settings, lighting, photography, manufacturing variations, fabric characteristics, and individual device displays. Such minor variations do not necessarily constitute a product defect.

All products are subject to availability. OVA Performance reserves the right to limit quantities, discontinue products, modify product specifications, refuse orders, and cancel orders when reasonably necessary — for reasons including inventory errors, pricing errors, technical errors, fraudulent transactions, suspicious activity, incorrect customer information, shipping restrictions, and other legitimate business reasons.

If we cancel an order after payment has been processed, we will provide an applicable refund for the canceled order, subject to applicable law.

Prices displayed on our website may change at any time without prior notice. We make reasonable efforts to maintain accurate pricing. In the event of an obvious pricing or product information error, OVA Performance reserves the right to correct the error and, where appropriate, cancel affected orders.

Applicable taxes, shipping charges, customs duties, import fees, or other charges may apply depending on the customer’s location and applicable law.

When you place an order you are submitting an offer to purchase the selected products. An order confirmation indicates that we have received your order but does not necessarily constitute final acceptance. OVA Performance reserves the right to accept, reject, or cancel an order for legitimate reasons. If an order cannot be fulfilled, we will notify the customer and provide an applicable refund where required.

You are responsible for providing accurate information when placing an order, including full name, email address, shipping address, billing information, payment information, and other information necessary to fulfill your purchase. OVA Performance is not responsible for delivery problems caused by incorrect, incomplete, or outdated information provided by the customer.

Payments must be made using an accepted payment method available through our website. Payment processing may be handled by independent third-party payment processors. By submitting payment information, you represent that you are authorized to use the applicable payment method. OVA Performance reserves the right to cancel or restrict transactions that appear fraudulent, unauthorized, or otherwise suspicious.

OVA Performance will make reasonable efforts to process and ship orders according to the information presented during checkout. Delivery times may vary depending on destination, shipping method, carrier, order volume, holidays, weather, customs, transportation delays, and other circumstances outside our reasonable control. Estimated delivery dates are estimates and are not guarantees unless expressly stated otherwise.

Customers are responsible for providing a complete and accurate shipping address. If a package cannot be delivered because the customer provided incorrect or incomplete shipping information, OVA Performance may be unable to provide a refund. Additional shipping charges may apply if an order must be reshipped because of incorrect information supplied by the customer.

If an order has not been received, contact OVA Performance at support@ovaperformances.com. We may investigate the shipment using carrier tracking and other available information.

An order may qualify for a refund under the Refund Policy if it was genuinely not received, subject to verification. An order marked by the carrier as “delivered” does not automatically qualify for a refund; OVA Performance may investigate delivery confirmation, tracking, shipping address, and carrier records before determining an appropriate resolution.

OVA Performance maintains a limited refund policy. Refund requests must be submitted within seven (7) calendar days after the product is delivered. The seven-day period begins on the date that the shipping carrier’s tracking information indicates the order was delivered. After the seven-day period, the purchase will generally no longer qualify for a refund under this policy, except where otherwise required by applicable law.

A refund may be approved only under the following circumstances.

Product arrived damaged or defective. If your product arrives damaged, defective, or materially damaged during shipping, contact us within seven (7) calendar days of delivery. We may request the order number, full name, email address, a description of the issue, photographs of the product and packaging, video evidence where appropriate, and other information reasonably necessary to evaluate the claim. OVA Performance reserves the right to review and verify the claim before approving a refund or replacement.

Order was never received. If your order was never received, contact us within the applicable period. We may investigate the shipment with the carrier before approving a refund or replacement. A refund will not automatically be granted solely because a customer states an order was not received.

Except where required by applicable law, OVA Performance does not provide refunds for:

• —Change of mind or customer preference
• —Incorrect size or color selected by the customer
• —Products that do not fit according to the customer’s preference, or failure to review sizing information before purchasing
• —Products that have been worn, washed, or used
• —Products with removed or missing original tags
• —Products altered or modified by the customer
• —Products stained or contaminated by the customer, or damaged after delivery
• —Damage caused by improper washing, drying, or use
• —Normal wear and tear, or cosmetic changes resulting from normal use
• —Products returned after the seven-day refund period
• —Any other condition that does not qualify as an eligible damaged, defective, or undelivered order

For an approved return involving an eligible issue, the product should remain in its original condition whenever reasonably possible. Products that have been worn, washed, used, altered, damaged, stained, or otherwise handled in a manner inconsistent with an unused product may not qualify for a refund.

Customers should inspect their products immediately upon delivery and before wearing, washing, modifying, or otherwise using them. This does not prevent a customer from reporting a legitimate defect that could not reasonably have been discovered before use, to the extent required by applicable law.

Where a refund or return is approved, the product should have its original tags attached and remain in its original condition. Products submitted without original tags may be rejected unless the product’s condition or defect makes the removal of tags unavoidable or applicable law requires otherwise.

Customers should not send products back without first contacting OVA Performance. All approved returns must follow the return instructions provided by our customer service team. Unauthorized returns may not be accepted or processed. Contact support@ovaperformances.com.

To request a refund, email support@ovaperformances.com and include your full name, order number, the email address used for the purchase, a description of the issue, and photographs or other supporting evidence when applicable.

Submitting a refund request does not guarantee approval. Each request is reviewed based on this policy, the circumstances of the order, and applicable law.

If a refund is approved, OVA Performance will generally refund the applicable amount to the original payment method. The amount and scope may depend on the circumstances of the claim. Refunds may take additional time to appear because of processing times imposed by banks, credit card companies, payment processors, or other financial institutions. OVA Performance is not responsible for delays occurring after a refund has been properly initiated.

At its discretion, OVA Performance may offer a replacement instead of a refund for an eligible damaged or defective product. Replacement availability depends on inventory. If the original product is unavailable, OVA Performance may determine an appropriate alternative resolution, subject to applicable law.

Unless expressly stated otherwise on the applicable product page or communicated by OVA Performance, purchases are not automatically eligible for exchanges. A customer requesting a different size or color does not automatically qualify for an exchange or refund. Any exchange offered outside of a legally required remedy is subject to product availability and Company approval.

Unless expressly stated otherwise, discounted or promotional products remain subject to these Terms. Specific promotional offers may contain additional conditions. If a promotion includes separate return, exchange, or refund terms, those specific terms will apply to that promotion to the extent permitted by applicable law.

All content associated with OVA Performance — trademarks, logos, brand and product names, product photographs, videos, graphics, designs, illustrations, website layouts, written content, marketing materials, and other original creative materials — may be owned by or licensed to OVA Performance LLC and protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, sell, license, create derivative works from, or commercially exploit our intellectual property without prior written authorization.

Customers may have the opportunity to submit reviews, photographs, videos, comments, testimonials, or other content. By submitting content, you represent that you own or have the necessary rights to submit it, that it does not infringe another person’s rights, that it is not unlawful or fraudulent, that it does not contain malicious software, and that it does not violate applicable laws.

If you voluntarily provide content for promotional or marketing purposes, OVA Performance may use that content only in accordance with the permission, license, or terms associated with the submission.

You may not use our website to violate any applicable law, commit fraud, place fraudulent orders, use stolen payment information, attempt unauthorized access, interfere with website operations, introduce malicious code, circumvent security systems, scrape information without authorization, impersonate another person, abuse promotions, exploit website vulnerabilities, or engage in conduct that could harm OVA Performance, its customers, or service providers.

OVA Performance reserves the right to restrict or terminate access to users who violate these Terms.

We make reasonable efforts to maintain the availability of our website, but we do not guarantee that it will always be available, uninterrupted, secure, or error-free. The website may become temporarily unavailable due to maintenance, updates, technical problems, hosting issues, security incidents, internet disruptions, or circumstances beyond our reasonable control.

Our website may use or integrate with third-party services, including payment processors, shipping providers, hosting providers, analytics services, email platforms, social media platforms, customer support services, and other technology providers. Third-party services may have their own terms and privacy policies. OVA Performance is not responsible for the independent policies or practices of third parties.

To the maximum extent permitted by applicable law, our website and its content are provided on an “as available” basis. OVA Performance makes reasonable efforts to ensure information on the website is accurate and current, but we do not guarantee that all content will always be complete, accurate, current, error-free, or continuously available. Nothing in these Terms is intended to exclude any consumer right or legal protection that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, OVA Performance LLC, its members, managers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to use of our website, inability to access our website, purchase or use of our products, delays caused by third parties, shipping carrier delays, or circumstances outside our reasonable control.

To the maximum extent permitted by applicable law, the Company’s total liability relating to a specific purchase will not exceed the amount actually paid by the customer for the product giving rise to the claim. Nothing in this section limits liability that cannot legally be limited under applicable law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless OVA Performance LLC, its members, managers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses arising from your violation of these Terms, your unlawful use of our website, your misuse of our products, your fraudulent activity, your violation of another person’s rights, or your violation of applicable law.

These Terms shall be governed by and interpreted in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles, except to the extent that applicable law requires otherwise. Nothing in this provision is intended to eliminate or restrict mandatory consumer protections provided by the laws applicable to a customer.

Before initiating formal legal proceedings regarding a dispute, customers are encouraged to contact OVA Performance at support@ovaperformances.com so that the Company can attempt to resolve the matter in good faith. Nothing in these Terms prevents a customer from exercising rights or seeking remedies that cannot legally be waived.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

If OVA Performance does not immediately enforce a provision of these Terms, that does not constitute a waiver of the Company’s right to enforce that provision in the future.

These Terms, together with the Privacy Policy and any other policies expressly incorporated into them, constitute the agreement between you and OVA Performance concerning your use of the website and purchase of products.

OVA Performance may modify these Terms from time to time. When changes are made, the “Last updated” date at the top of this document may be updated. Your continued use of the website following the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law.

OVA Performance LLC, 30 N Q Street, Sheridan, Wyoming, United States. Email: support@ovaperformances.com.

By accessing the OVA Performance website, placing an order, or purchasing our products, you acknowledge that you have read, understood, and agreed to these Terms & Conditions and our Privacy Policy.