Terms of service

1. Introduction

Welcome to Pelagic Gymwear® (“we”, “us”, “our”). Pelagic Gymwear® is a registered trade name under Bright PT, a sole proprietorship registered in the Netherlands.
These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (“Services”).

By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy.

If you do not agree, you may not use our Services.


2. Company Information

Business Name: Bright PT (Pelagic Gymwear® as trade name)
Registered Address: Havendijk 41A, 4153AW Beesd, The Netherlands
KvK (Chamber of Commerce) Number: 88996638
VAT ID: NL004680137B23
Email: pelagicgymwear@outlook.com
Phone: +31 6 25537008


3. Access & Account

You must be of legal age in your country to use our Services.
You agree to provide accurate and complete information when creating an account or placing an order.
You are responsible for maintaining the confidentiality of your login details and for all activity under your account.


4. Products & Pre-Order Model

Pelagic Gymwear® primarily operates through pre-order drops.
All items are produced specifically for each customer order and finished with individual numbering or personalisation, which makes each item unique.

We aim to display our products as accurately as possible. However, colours, textures, and details may vary depending on your device and screen settings.

All product descriptions, prices, and availability are subject to change without notice.


5. Orders & Acceptance

By placing an order, you make an offer to purchase a product from us.
We reserve the right to accept or decline any order for any reason.

An order is only accepted once payment has been successfully processed and you receive a confirmation email.

Because our products are made to order and personalised, cancellations after order confirmation are generally not possible.


6. Pricing & Payment

All prices are listed in the currency displayed on our website.
Prices may change at any time before an order is confirmed.

You agree to provide accurate and complete payment information.
If your payment is not successful or appears fraudulent, we may cancel your order.

Unless specifically stated otherwise, prices exclude shipping costs, taxes, customs duties, or other fees.


7. Shipping & Delivery

All delivery times shown on our website are estimates and not guaranteed.
Delays caused by carriers, customs, or unforeseen circumstances are outside our control.

For EU consumers, the risk of loss or damage transfers upon delivery to you (or someone you designate).
If you choose your own carrier, risk transfers when the package is handed over to that carrier.


8. Returns, Cancellations & Personalised Items (IMPORTANT)

8.1 Pre-Order & Personalisation — No Standard Returns

All Pelagic Gymwear® items are produced on-demand as pre-orders and include personalised numbering or unique elements, making them custom-made.

Under EU law (Directive 2011/83/EU & Article 6:230p BW), customised products are excluded from the right of withdrawal.

Therefore:

➡️ Orders cannot be returned or cancelled once confirmed.
➡️ No standard refund or exchange policy applies.

8.2 Customer Support & Goodwill Solutions

We care about customer satisfaction.
If you experience an issue with your order, you may always email us at pelagicgymwear@outlook.com.

While we are not obligated to accept returns, we may — at our sole discretion — offer a solution such as:

  • A store credit for a future drop

  • A replacement (case-dependent)

  • Another reasonable solution

This is a voluntary goodwill gesture and not a legal right.

8.3 Defective or Incorrect Items

If you receive a defective, damaged, or incorrect item, we will always resolve this free of charge.
Please contact us within 7 days of delivery with photos of the issue.


9. Intellectual Property

All trademarks, logos, designs, images, text, graphics, and content displayed in our Services are the property of Pelagic Gymwear® or its partners and are protected by intellectual property laws.

You may not copy, reproduce, modify, distribute, or use any content without written permission.


10. Third-Party Tools & Links

We may provide access to third-party services or links to external websites.
We are not responsible for the content, accuracy, or policies of any third-party service.

Your use of external tools or websites is at your own risk.


11. Privacy

Your personal data is processed according to our Privacy Policy.
Because our store is hosted on Shopify, your information is also processed under Shopify’s Privacy Policy.

By using our Services, you acknowledge and agree to both.


12. Prohibited Use

You agree not to use our Services for unlawful purposes or in violation of these Terms, including but not limited to:

  • Fraud

  • Harassment

  • Attempting to bypass security features

  • Uploading harmful code

  • Copying or scraping website data

  • Misuse of intellectual property

We reserve the right to suspend or terminate access if prohibited behaviour is detected.


13. Disclaimer of Warranties

Our Services are provided on an “as is” and “as available” basis.
We do not guarantee uninterrupted or error-free service.

To the extent permitted by law, we disclaim all warranties, express or implied.


14. Limitation of Liability

To the extent permitted by law, we are not liable for:

  • Indirect or consequential damages

  • Loss of profits

  • Loss of data

  • Any damages related to your use or inability to use the Services

Nothing in these Terms limits rights that consumers cannot waive under EU law.


15. Indemnification

You agree to indemnify Bright PT / Pelagic Gymwear® against claims or damages arising from your misuse of the Services or violation of these Terms.


16. Governing Law & Disputes

These Terms are governed by Dutch law.

For consumers within the EU:

  • You may bring disputes before the competent court in your country of residence.

For non-consumers or business customers:

  • Disputes shall be submitted exclusively to the competent court in the Netherlands.


17. Changes to the Terms

We may update these Terms at any time.
The latest version will always be available on our website.

Continued use of our Services after changes means you accept the new Terms.


18. Contact

For questions about these Terms, you can reach us at:

Bright PT – Pelagic Gymwear®
Havendijk 41A
4153AW Beesd
The Netherlands
Email: pelagicgymwear@outlook.com
Phone: +31 6 25537008