AGB

Terms & Conditions 

This website is operated by Gotyu Underwear, part of NSIW-AC LLC registration number 6443192. The company is based at 2105 VISTA OESTE ST NW SUITE E - 5142 ALBUQUERQUE, NM 87120, United States Throughout the site, the terms “we”, “us” and “our” refer to NSIW-AC LLC. NSIW-AC LLC offers this website, including all information, tools and services available through this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Gotyu is a registered trademark in France.

1. General

1.1 The following terms and conditions (hereinafter referred to as the “Terms”) apply to all orders placed by the customer (hereinafter referred to as “you” or the “Customer”) with NSIW-AC registered address in 2105 Vista Oeste St NW, Suite E - 5142 Albuquerque, New Mexico 87120, USA, (hereinafter referred to as “NSIW-AC”, "us" or “we” and together with the Customer, each a “Party” collectively the “Parties”), through NSIW-AC’s website, mobile website, or mobile application, or via telephone (jointly referred to as “www.gotyu-underwear.com”).

1.2 By using www.gotyu-underwear.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (hereinafter referred to as the “Terms”). Please ensure that you have read and understood the Terms before placing your order. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/ or contributors of content.

1.3 Only persons 18 years of age or older, who are not under legal guardianship and, who are acting in their personal capacity and not on behalf of a company or other legal entity, may place an order. 

1.4 The inclusion of any products or services on www.gotyu-underwear.com at any particular time does not imply or warrant that such products or services will be available at all times. We reserve the right to discontinue, modify, or remove any product or service at any time without prior notice.

1.5 We reserve the right to amend these Terms from time to time without prior notice. The version of the Terms applicable to your order shall be the version published on www.gotyu-underwear.com at the time your order is placed. 

1.6 NSIW-AC aims to provide the best possible online experience. To make this possible we need to ensure that our services operate efficiently and securely. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the www.gotyu-underwear.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site to any user who violates this provision or any other provision in these terms and conditions. 

1.7 Our store is hosted by Shopify Inc. which provides the online e-commerce platform that enables us to sell our products and services to you.

1.8 You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate suspension or termination of your access to the Services.

2. Prices and delivery charges

2.1 The delivery charge shall be calculated at the checkout page prior to the purchase.

2.2 Delivery charges may vary depending on factors including, but not limited to, the value of your order, delivery location, shipping method, and the products purchased. Any applicable delivery charges will be displayed at checkout before you complete your order. If we are unable to fulfil your order in a single shipment and additional shipments are required, you will not be charged any additional delivery fees for those subsequent shipments relating to the same order.

2.3 Orders delivered outside the European Union (EU) may be subject to import duties, taxes, customs fees, or other charges imposed by the destination country. These charges are the sole responsibility of the customer. We have no control over such fees and cannot predict their amount. Failure to pay any applicable import duties or taxes may result in delays, the return or destruction of your order, for which we accept no liability.

2.4 Promotional offers, discount codes, vouchers and other promotional benefits must be applied at the time of purchase during checkout. Discount codes cannot be applied, credited, refunded or honoured retrospectively once an order has been placed. Unless otherwise expressly stated, only one promotional code may be used per order and promotional offers cannot be combined.

3. Ordering/conclusion of the contract

3.1 Orders may be placed through www.gotyu-underwear.com. Please visit our website for further information.

3.2 Once you have placed your order and supplied us with your email address, you will receive an email confirmation acknowledging receipt of your order. Such confirmation does not constitute acceptance of the order and is subject to product availability, payment verification, and these Terms. A binding contract between you and NSIW-AC is formed only when your order has been dispatched or otherwise expressly accepted by NSIW-AC. If for any reason we are unable to fulfill your order, we will notify you at the earliest opportunity. If payment has already been received for such order, we will attempt to refund the applicable amount using the same method used for the original transaction. If, for any reason, alternative arrangements are necessary, an NSIW-AC representative will contact you regarding the refund process.

3.3 We reserve the right to refuse, reject, or cancel any order where a pricing error, technical error, stock discrepancy, product description error, payment issue, suspected fraudulent activity, or any other obvious error has occurred. Where payment has already been received for an order cancelled under this section, we will refund the amount paid using the original payment method, unless otherwise required by applicable law or otherwise agreed with you.

3.4 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or any contact on the website through which the service is provided, without express written permission by us. 

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

3.5 We are not responsible if the information made available on this site is inaccurate, incomplete, or not current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our site.

3.6 Prices for our products are subject to change without notice. We reserve the right to modify, suspend, discontinue, or remove the Service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

4. Products and services 

4.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy and these Terms, including any applicable Final Sale or Pre-Order provisions.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. However, we cannot guarantee that your device or monitor will accurately display colours.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction and may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.

5. 60-day risk-free trial for qualifying items and standard items

5.1 If you have never previously placed an order through www.gotyu-underwear.com and/or www.gotyu-underwear.co.uk you may be eligible to exercise our 60-day risk-free trial (hereinafter referred to as the “60-day-policy”) for one qualifying product per customer purchased as part of your first order. As such, you are entitled to test only one qualifying item purchased from your first order for up to 60 days. If during that time you are unsatisfied with the product, we shall refund or credit you in full (excluding delivery costs), and you are entitled to keep the item. 

5.2 In order for you to exercise the 60-day risk-free trial the following requirements shall be fulfilled: 

  1. This is the first time you have purchased from www.gotyu-underwear.com and/or www.gotyu-underwear.co.uk.

  2. You made your first purchase after the 23rd of January 2023

  3. You purchased a qualifying product:

    • Leakproof Minerva 

    • Leakproof Athena 

    • Leakproof Venus 

    • Discovery Set 

    • Super leakproof Gaïa 

    • Super leakproof Luna

    • Super leakproof Hera

    • Leakproof Hestia

    • Super leakproof Nursing Bra Cybele

    • Leakproof Rhea

5.3 You have contacted customer service at [email protected] at least once within the first 60 days to provide feedback and seek guidance regarding the use of the product.

5.4 You can claim a refund under the 60 Day Risk-Free trial for one qualifying product. If you purchase a bundle pack, you may only claim a refund for one opened and used qualifying product within that bundle under the 60-day risk-free trial. The remaining products within the bundle are not covered by the 60 Day Risk-Free Trial, but may be eligible for return under the applicable return and exchange provisions outlined in Sections 7 and 8 of these Terms. To qualify for the 60 Day Risk-Free Trial:

  •  Fewer than 60 days must have passed since you received the product; and

  •  You agree to pay the cost of returning the item should we request the product to be returned.

5.5 To make a claim under the 60 Day Risk-Free Trial, you must contact our customer service and specifically request application of the 60-day policy. Failure to request the 60 Day policy, may result in customer service being unable to process your request under this policy.

5.6 Products that do not qualify under the 60 Day Risk-Free Trial, as outlined in section 5.1, shall remain subject to the provisions set out in sections 6, 7, and 8 of these Terms.

5.7 Where a bundle product qualifies for reimbursement under the 60 Day Risk-Free Trial, any refund shall be calculated on a pro rata basis according to the value allocated to each item within the bundle. For example, where a bundle of three period underwear products is purchased for 60€ an eligible refund for one qualifying item may be €20 

6. Delivery

6.1 NSIW-AC exercises reasonable care and diligence in accepting and processing your order and will endeavor to deliver your order to the countries made available for selection at checkout.

6.2 NSIW-AC endeavors to dispatch all orders in the fastest possible time (usually within 3 business days) and in the order in which they are placed. We aim to deliver within 8 to 12 business days following shipping confirmation unless otherwise agreed. 

Some products may only be available as pre-order items. If you choose to purchase pre-order products, such pre-order products will be clearly identified as pre-order and will display an expected shipping date (not delivery date). We aim to fulfill pre-order items within 4 business days following the announced pre-order shipment date unless otherwise agreed. 

Though we aim to deliver within the communicated time frame, the delivery may take longer due to unexpected events. 

In the unlikely event that delivery of an order containing no pre-order items exceeds 30 business days, you may cancel your order. This cancellation right does not apply to pre-order items, which are governed by Section 6.7.

6.3 If you provide an incomplete, inaccurate or incorrect delivery address, our Customer Service team may contact you to obtain updated information and assist in completing delivery. NSIW-AC shall not be responsible for delays, failed deliveries, or additional costs arising from incorrect or incomplete address information provided by you.

6.4 Before placing your order, you will be provided with estimated delivery information where available. Once you have placed your order and supplied us with your email address, you will receive an order confirmation email containing your estimated delivery details. Delivery dates and shipping estimates are provided in good faith and are estimates only, particularly for pre-order items.

6.5 If your order has not arrived within the estimated delivery timeframe, please contact Customer Service and we will make reasonable efforts to assist you in locating or resolving the issue with your delivery.

6.6 We begin processing your orders promptly to ensure fast dispatch. As such, standard orders may only be edited or cancelled within 8 hours of purchase, including changes to the delivery address or delivery option. 

You may be able to update certain details or redirect your parcel directly through the applicable courier service.

If you wish to cancel your order, you must contact Customer Service by email. Once an order has been shipped, it can no longer be cancelled and any request for refund, exchange, or replacement shall be subject to section 7 and 8 of these terms. 

For the avoidance of doubt, this provision applies only to standard orders and does not apply to pre-order items, which remain subject to Section 6.7, or to Final Sale items, which remain subject to Section 8.7.

6.7 Products available for pre-order will be clearly identified on our website with an estimated shipping date. By placing a pre-order, you acknowledge and agree that the product is not available for immediate dispatch. Estimated shipping dates are estimates only and do not constitute guaranteed dispatch or delivery dates.

If your order contains both in-stock and pre-order items, your entire order will be held and dispatched once all items are available for shipment.

Pre-order orders may only be cancelled or amended within 8 hours of the original order being placed. After this time, your order will be processed for fulfilment and cannot be cancelled or amended. Any returns, exchanges or refunds after delivery will remain subject to Sections 7 and 8 of these Terms.

While we make every effort to meet the estimated shipping date, delays may occur due to manufacturing, quality control, freight, customs, or other circumstances beyond our reasonable control. If there is a material delay, we will make reasonable efforts to notify you using the contact details provided with your order. If we are unable to fulfil your pre-order, we will cancel the affected item(s) and issue a full refund of any amounts paid for those item(s).

7. Withdrawal of Order

7.1 Consumers residing in the EU or UK have a statutory right to withdraw from their purchase within 14 calendar days from the day on which they, or a third party nominated by them (other than the carrier), acquire physical possession of the goods. This statutory right exists independently of, and does not affect any separate contractual return policy offered by NSIW-AC.

7.2 In order to exercise the right of withdrawal, the consumer must notify NSIW-AC of their decision to withdraw from the purchase in a clear written statement via email to [email protected] or via the withdrawal button on the website. The goods must be returned to the designated return address within 14 days of withdrawal notice being submitted. Return shipping costs are the responsibility of the consumer.

7.3 The statutory right of withdrawal does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed after delivery. This includes but is not limited to underwear that has been worn, washed, shows signs of staining or odor, or has had any original packaging, tags, or hygiene seals removed, broken, or otherwise tampered with.

7.4 Upon valid withdrawal and receipt of the returned goods, NSIW-AC will reimburse the consumer for the cost of the returned goods in accordance with applicable law. Unless otherwise required by applicable law, original delivery charges are non-refundable. Any refund shall be processed using the same method of payment used for the original transaction, unless expressly agreed otherwise.

7.5 This statutory right of withdrawal is separate from, and does not extend, replace or modify any contractual return or exchange policy offered by NSIW-AC, including any applicable 30 day return or exchange period.

8. Refunds

8.1 Outside of the statutory rights outlined in section 7, and the 60 Day Risk-Free Trial provisions in Section 5, and any other rights expressly provided under these terms, NSIW-AC does not provide refunds except where required by applicable law or where a product is determined to be defective in accordance with this Section 8.

8.2 If a product is believed to be defective, the consumer must notify NSIW-AC by email at [email protected] or through our Returns Portal as soon as reasonably possible. The consumer may be required to provide reasonable photographic and or video evidence of the alleged defect. NSIW-AC reserves the right to review, assess and verify any claimed defect before determining eligibility for a remedy.

8.3 Where a defect claim is approved, NSIW-AC may, at its discretion and subject to applicable consumer laws, provide one of the following remedies: (a) replacement of the product; (b) exchange; or (c) a full or partial refund.

8.4 Items returned without prior communication, without adequate evidence of a claimed defect, or otherwise failing to satisfy the applicable return conditions set out in these Terms may not be accepted for refund, exchange, or replacement.

For hygiene reasons, an item may be considered ineligible for a return where it has been worn in direct contact with the skin, washed, damaged, shows signs of staining or odour or otherwise displays signs of use beyond what is reasonably necessary to inspect the product. Customers are encouraged to try on products over clean personal underwear where possible to ensure eligibility for return. 

This includes but is not limited to underwear where the original packaging, tags, or hygiene seals have been removed, broken or otherwise tampered with. 

8.5 Products purchased as part of a bundle must be returned in full in order to receive a full refund, unless otherwise expressly stated in these Terms, including under the 60 Day Risk-Free Trial provisions set out in Section 5. If only part of the bundle is returned, any refund shall be issued on a pro rata basis corresponding to the value allocated to the returned items.

For promotional bundles, including by not limited to “2+1 free” “4+2 free” or “6+3 free” offers, all items from the bundle must be returned to qualify for a full refund of the bundle purchase. Partial returns may result in reimbursements being adjusted proportionally. 

Where an order includes promotional products, gifts, or additional items provided free of charge such items must also be returned in order to qualify for a full refund of the relevant order.

8.6 Items provided free of charge including but not limited to gifts with purchase or promotional giveaway items, are not eligible for return, exchange, refund, or store credit and have no independent cash value.

8.7 Items marked as Final Sale or purchased with a discount of 40% or more are therefore classified as Final Sale and are not eligible for refunds or cancellations, but may be returned for exchange or store credit only , provided they meet the return conditions outlined in Section 8. This policy applies to both standard and pre-order purchases.

8.8 Unless otherwise required by applicable law, NSIW-AC does not refund shipping or delivery costs associated with returned items.

8.9 If a return has been processed for store credit at the customer's request, such election shall be considered final and binding. Store credit cannot subsequently be converted, exchanged, or redeemed for a monetary refund.

8.10 Once an item has been exchanged, the exchange shall be considered final and binding. Exchanged items are not eligible for further refund, store credit, or additional exchange, except where required by applicable consumer protection law or where the replacement item is determined to be defective.

8.B Exchanges, Refunds & Returns during Black Month Sale

8.B.1 This section applies to purchases made between November 5 and November 30 of the applicable calendar year.

8.B.2 During the Black Month Sale period, NSIW-AC accepts returns for exchanges or store credit only. Refunds are not issued for non-defective items purchased during this period, unless otherwise applicable by law

8.B.3 All return requests must be initiated within 30 calendar days of receipt of goods. Unless otherwise required by applicable law, return shipping costs shall be borne by the consumer.

8.B.4 For products believed to be defective, consumers must follow the procedure outlined in section 8.2. Upon verification of the defect, NSIW-AC may, at its discretion, and subject to applicable consumer laws, provide a replacement exchange, or partial or full refund.

8.B.5 Bundle products, promotional items, gifts with purchase, and free items remain subject to the provisions outlined in Sections 8.5 and 8.6.

8.B.6 Items marked as Final Sale, or purchased with a discount of 40% or more and therefore classified as Final Sale, are not eligible for refunds or cancellations, but may be returned for exchange or store credit only, provided they otherwise satisfy the return conditions outlined in Section 8.7.

8.B.7 The statutory right of withdrawal outlined in Section 7 remains unaffected by this policy.

9. Payment methods

9.1 You can pay for your goods in various ways as set out below.

9.2 Payment before delivery 

a. Credit card or debit card

You may provide payment details at the time of placing your order using a valid credit or debit card including VISA, Mastercard, Apple Pay or American Express. The applicable amount may be reserved or charged immediately. NSIW-AC reserves the right to verify the validity of the payment method, confirm sufficient funds, and validate billing or purchase details. We reserve the right to refuse or cancel any order based on the outcome of these checks. 

b. PayPal

If you choose PayPal, payment will be processed in accordance with PayPal's terms and conditions. NSIW-AC reserves the right to verify the transaction, confirm billing details and refuse or cancel any order where payment cannot be authorised or verified.

9.3 Payment after delivery

a. Klarna

Where available, customers may choose to pay using Klarna's payment services. By selecting Klarna as your payment method, you enter into a separate payment agreement directly with Klarna, which is governed by Klarna's terms and conditions. NSIW-AC is not a party to that payment agreement and is not responsible for Klarna's payment schedules, due dates, reminders, interest, late fees or any other charges imposed by Klarna.

 9.4 NSIW-AC does not have access to your Klarna account and cannot amend payment due dates, grant payment extensions, modify payment plans or otherwise manage your Klarna account. Any questions regarding your payment obligations, invoices or account should be directed to Klarna.

9.5 If you initiate a dispute, claim or chargeback through PayPal in relation to your order, NSIW-AC may be unable to process a refund directly while the PayPal case remains open. Where applicable, any refund will instead be processed through PayPal's dispute resolution process in accordance with PayPal's policies, which may result in longer processing times. 

9.6 We reserve the right to introduce new payment methods, remove existing payment methods, or otherwise modify available payment options at any time.

9.7 You will receive any legally required invoice documentation within your Shipping Confirmation email. 

10. Our Liability

10.1 NSIW-AC uses all reasonable efforts to ensure that information available on www.gotyu-underwear.com is accurate, complete, and current. Despite our best efforts, information may occasionally contain inaccuracies, omissions, or become outdated. NSIW-AC shall not be bound by any such information where you know, or reasonably ought to have known, that the information was inaccurate, incomplete or out of date.

10.2 We make reasonable efforts to accurately display and describe the attributes of our products on www.gotyu-underwear.com including measurements, composition and colours. However, the colour may vary depending on your device and display settings. 

Any measurements provided are approximate only and are intended as a guide to estimate the fit or characteristics of a particular item. Measurements are not guaranteed and final dimensions may vary depending on the materials used in its production. 

If you are not satisfied with an item you have ordered, any return, exchange, refund or remedy shall remain subject to the applicable provisions outlined in sections 7 and 8 of these Terms.

10.3 In the event of circumstances beyond our control which we could not reasonably foresee, avoid, or overcome, NSIW-AC may be prevented from fulfilling its obligations under these Terms. Such events may include without limitation, government action or omission, changes in laws or regulations, labour disputes, war or threat of war, civil unrest, sabotage, extreme weather conditions, fire, explosion, pandemic, epidemic, virus, natural disasters, interruptions to transport or supply chains, supplier failures, manufacturing delays, or any other event beyond our reasonable control.

Where a Force Majeure event occurs, NSIW-AC shall not be liable for any delay, failure to perform, or inability to fulfil its obligations arising as a result of such event and shall not be responsible for any resulting losses or damages. 

Nothing in this section limits any rights you may have under applicable consumer protection laws. Any cancellation rights arising in connection with such circumstances shall remain subject to these Terms and applicable law.

10.4 To the maximum extent permitted by applicable law, NSIW-AC’s total liability to you for any loss or damage arising out of or in connection with an order placed through www.gotyu-underwear.com shall be limited to the total amount paid for the relevant order.

NSIW-AC shall not be liable for any indirect, incidental, special, consequential, or unforeseeable losses or damages, including but not limited to loss of profits, loss of opportunity, loss of business, or loss of anticipated savings.

NSIW-AC shall not be responsible for any failure to perform, delay, or inability to fulfil obligations under these Terms where such failure arises from a Force Majeure Event, as described in Section 10.3.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful. This includes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.

11. Colors and measurements

11.1 We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

11.2 An item’s measurements given on www.gotyu-underwear.com are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.

12. Guarantee

12.1 If goods purchased from NSIW-AC are defective, consumers may be entitled to remedies under applicable consumer protection and statutory guarantee laws. If you believe a product contains a material defect, manufacturing fault, or has been damaged in transit please contact Customer Service as soon as reasonably possible and provide supporting information regarding the issue.

12.2 While NSIW-AC endeavors to maintain uninterrupted access to its website and services, we do not guarantee that the Service will be uninterrupted, timely, secure, error-free, or free from defects. We do not guarantee the accuracy, reliability, or availability of any content, information, or results obtained through use of the Service.

From time to time, NSIW-AC may suspend, modify, remove, or discontinue parts of the Service without prior notice where reasonably necessary.

Except where otherwise expressly stated and to the maximum extent permitted by applicable law, the Service and any products or services made available through it are provided on an "as available" basis.

Nothing in this section excludes or limits any liability that cannot lawfully be excluded or restricted under applicable law.

13. Optional Tools

13.1 NSIW-AC may provide access to third-party tools, services, or features over which we neither monitor, control nor exercise any influence. You acknowledge and agree that access to such tools is provided on an ”as is” and “as available” basis without warranties, representations, conditions or endorsements of any kind to the maximum extent permitted by applicable law.

NSIW-AC shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools made available through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms imposed by the relevant third-party provider(s). 

NSIW-AC may also, from time to time introduce new services, features, functionality or tools through the website. And such additions shall be subject to these Terms.

14. Third-party links 

14.1 Certain content, products, services or materials available through the Service may include content provided by third parties. Links on the website may direct you to third-party websites that are not owned, operated or controlled by NSIW-AC. 

NSIW-AC does not monitor, examine, or evaluate the content, accuracy, legality, or practices of third-party websites and makes no warranties, representations, or endorsements regarding any third-party materials, websites, products, or services.

To the maximum extent permitted by applicable law, NSIW-AC shall not be liable for any harm, damages, losses, or claims arising from or relating to your use of, reliance upon, or transactions conducted through any third-party websites, products, services, or content.

You should carefully review the applicable terms, conditions, and policies of any third-party provider before engaging in any transaction or use of such services. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

15. User comments, feedback, and other submissions 

15.1 If at our request, you submit specific materials (for example competitions entries) or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that NSIW-AC may use, reproduce, edit, publish, distribute, translate, adapt and otherwise use such comments in any medium and for any purpose without restriction. 

NSIW-AC shall be under no obligation (a) maintain any comments in confidence; (b) provide compensation for any comments; or (c) respond to any comments. 

NSIW-AC may, but have no obligation to, monitor, review, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, infringing, misleading or otherwise objectionable or which violates these Terms or the rights of any third party.

You represent and warrant that your comments will not violate any rights of any third parties, including intellectual property, copyright, trademark, privacy, personality or other personal or proprietary rights and will not contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious content, including viruses, malware, or harmful code.

You may not use a false email address, impersonate another person, or otherwise mislead NSIW-AC or third parties regarding the origin of any comments. NSIW-AC assumes no responsibility or liability for any comments submitted by you or any third party.

16. Personal Information

16.1 Your submission of personal information through the website is governed by our Privacy Policy. Please refer to our Privacy Policy for further information regarding how we collect, use, process and protect your personal information.

17. Errors, inaccuracies, and omissions

17.1 From time to time, information on the website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or other information NSIW-AC reserves the right to correct any such errors, inaccuracies, or omissions, and to modify, update or cancel orders where information on the website is inaccurate at any time without prior notice,including after an order has been submitted.

17.2 Except where required by applicable law, NSIW-AC undertakes no obligation to update, amend or clarify information contained within the Service or on any related website, including without limitation, pricing information. Any stated update or refresh date applied to the Service or any related website should be interpreted as to indicate that all information in the Service or on any related website has been modified, updated or reviewed.

18. Prohibited Uses 

18.1 In addition to other restrictions set out in the Terms, you are prohibited from using the website or its content: 

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

19. Indemnification

19.1 You agree to indemnify, defend and hold harmless NSIW-AC including its parent entities, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claims,demands, actions, liabilities, damages, losses, costs, expenses including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Severability

20.1 If any provision of these Terms is determined to be unlawful, void or unenforceable under applicable law, that provision shall nevertheless be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity, legality or enforceability of any other remaining provisions.

21. Termination

21.1 The obligations and liabilities incurred by either party prior to termination shall survive the Terms to the extent necessary for their enforcement of intended operation.

These Terms remain effective unless and until terminated by either you or NSIW-AC. You may terminate these Terms at any time ceasing using our website and services

21.2 NSIW-AC reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the website or services at any time, without prior notice where we reasonably believe that you have breached, or are likely to breach these Terms or applicable law. Any such termination shall not affect any rights, obligations, or liabilities accrued prior to termination, including any payment obligations outstanding at the date of termination. 

22. Assignment

22.1 NSIW-AC reserves the right to assign, transfer, delegate or pledge to third parties any right, claim(s) for or payment obligations arising in connection with Terms or the sale and delivery of goods, including any outstanding payment amounts or installment obligations.

23. Ownership of rights

23.1 All intellectual property rights appearing on or related to at www.gotyu-underwear.com such as trademarks,copyrights, logos, designs, text, graphics, images, content and other materials are owned by or licensed to NSIW-AC and its licensors.

Except for personal, non commercial use, no part of the website or its content may be copied, reproduced, distributed, modified, stored, transmitted, displayed, published, or otherwise used, in whole or in part, without the prior written consent of NSIW-AC.

24. Notice

24.1 Any notices, requests, demands, or other communications required or permitted under these Terms shall be provided in writing and delivered to NSIW-AC via email or mail using the contact details below, or any updated contact details published by NSIW-AC from time to time:

Email: [email protected]
Address: 2105 Vista Oeste St Nw, Suite E - 5142 Albuquerque, NM 87120, USA.

25. Titles/Headings

25.1 Headings and section titles are inserted for the convenience of the parties only and shall not affect the interpretation of these Terms. 

26. Gender

26.1 Words used in the singular include the plural and vice versa. References to any gender include all genders, and references to persons include individuals, companies, partnerships, and other legal entities where the context permits.

27. Governing Law and Jurisdiction

27.1 This Agreement will be governed by and construed in accordance with the laws of Italy. The Parties to this Agreement irrevocably agree that the court of Rome shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement and that accordingly any Proceedings may be brought in such courts.

27.2 If you are a consumer, nothing in these Terms shall deprive you of any mandatory rights or protections afforded under the laws of your country of residence. Where required by applicable consumer protection laws, you may bring proceedings before the courts of your place of residence or domicile, and any mandatory rules relating to jurisdiction and applicable law shall apply.

28. Contact Information

Questions about the Terms of Service should be sent to us at [email protected]

2105 Vista Oeste St Nw, Suite E - 5142 Albuquerque, NM 87120 - United States of America.

Business EIN: 86-3666098

Payments

You are shopping on a merchant’s website (the “Merchant”). If you place an order for delivery to an address outside of the Merchant’s home country (an “International Order”), you are purchasing from Reach in the way we describe below. Depending on your location, “Reach” refers to With Reach (EU) Limited ÖU (registration #14571597, “Reach EU”), Reach Ltd. (“Reach Canada”), With Reach (Australia) Pty. Ltd. (“Reach Australia”), With Reach UK Ltd. (registration #08507554, “Reach UK”), or With Reach (USA) LLC (“Reach USA”).

If you place an International Order, the item(s) that you are purchasing will be sold by Reach to you. Reach is the “Merchant of Record” for your purchase. You will provide your payment information, shipping address, and any additional information required or requested to complete your order directly to Reach, and not to the Merchant, in order for Reach to process your payment and complete your order.

Your order is subject to: (1) these Reach Terms of Service; (2) the Reach Privacy Policy; and (3) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these.

By placing an International Order on the Merchant’s website, you understand and agree that:

  • 1. You are purchasing from, and providing your information to, Reach. Reach is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Reach may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.

  • 2. If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Reach is entitled to contact you, correct the price, and/or cancel your order.

  • 3. If Reach is able to successfully verify your payment information, payment details for your order will be processed by Reach as the seller of the goods to you as the Merchant of Record.

  • 4. Once Reach processes your payment information and the transaction is verified, the items in your order will be provided to a carrier for shipment to you, and at that time ownership in the items will transfer from Reach, as the Merchant of Record, to you.

  • 5. Reach will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.

  • 6. Reach may refuse service, refuse to process or complete orders, remove or edit content, or cancel orders for any reason or for no reason, in its sole discretion.

  • 7. If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

  • 8. In some jurisdictions, Reach obtains payment processing services through affiliates or third-party service providers. In such instances, such affiliates and third parties are obligated under their contract with Reach to comply with strict privacy and data protection requirements.

Here are some other things to understand about your International Order:

Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

Billing. If you use a payment card or other electronic form of payment as your payment type, your bank or payment card statement will include a reference to “Reach” and the Merchant.

Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

Chargebacks, Fraud Prevention and Void Transactions. For your protection, Reach may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

Customer Service and Returns. Questions or concerns about your order may be directed to the Merchant or Reach. Reach will work with the Merchant as necessary to resolve your issue. If the Merchant allows for returns on International Orders, Reach will assist you in processing a return in accordance with the Merchant’s policy, including reimbursement for the original sales prices of returned products, if authorized by the Merchant. Reach may refuse any return requested if a restriction applies to the item for which the return is requested.