Terms and Conditions

PLEASE READ THIS CAREFULLY BEFORE CONFIRMING YOUR  ORDER.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to product designs, text, graphics, or code is copyrighted as a collective work under the Chilean, United States, EU and all other applicable copyright laws, and is the property of Ergowear International SPA and its affiliates or partners, henceforth Ergowear.

The collective work includes works that are licensed to Ergowear. Copyright 2003 – 2026, Ergowear ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ergowear or purchasing Ergowear products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ergowear or to purchase Ergowear products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ergowear. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Ergowear used in the site are trademarks or registered trademarks of Ergowear.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. All product descriptions, images, specifications, and pricing are provided in good faith but may be subject to change without notice.

To the fullest extent permissible pursuant to applicable law, Ergowear disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Ergowear does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ergowear does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

Shipment Warranty and Limitations

Ergowear warrants, in good faith, that orders will be properly handed over to our designated logistics partners and shipped from our warehouse to the delivery address provided by the customer. Our responsibility for shipment extends until confirmed delivery by the carrier.

However, this shipment warranty does not cover circumstances beyond our reasonable control, including but not limited to:

• Loss, theft, or misplacement of a parcel after confirmed delivery, including situations where a package is received by a third party (such as a neighbor, building staff, or reception desk);
• Delays, holds, seizures, or returns caused by customs authorities in international shipments;
• Failure by the customer to comply with customs, carrier, or governmental requirements, including but not limited to payment of duties, taxes, fees, or timely responses to requests for documentation or information;
• Incorrect, incomplete, or inaccurate delivery information provided by the customer.

Once a shipment is marked as delivered by the carrier, or is delayed or retained due to customer inaction or regulatory requirements, Ergowear shall not be liable for replacement, refund, or compensation, except where required by applicable law.

Payment Terms

All payments must be completed at the time an order is placed. Ergowear accepts major credit cards, PayPal, and other payment methods as made available on the site from time to time. Payments are processed securely through third-party payment service providers. Ergowear does not store full payment card details.

All prices are displayed in U.S. Dollars unless otherwise stated. Your financial institution may apply currency conversion fees or additional charges, which are outside Ergowear’s control.

Once an order is submitted and payment is authorized, the payment method cannot be changed. Ergowear reserves the right to refuse or cancel any order if payment authorization fails, is reversed, or is suspected of fraud.

Order Acceptance and Cancellation

Receipt of an order confirmation does not constitute acceptance of an order. All orders are subject to acceptance and availability. Ergowear reserves the right, at its sole discretion, to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or inaccuracies in order information.

Orders may be canceled prior to shipment by contacting Ergowear customer service. Once an order has been processed or shipped, it may no longer be possible to cancel the order.

If an order is canceled after payment has been processed but before shipment, any authorized payment will be refunded to the original payment method, excluding non-refundable fees where applicable.

Refunds and Returns

Refunds may be granted only in the following circumstances:

• Orders canceled prior to shipment; or
• Items returned in accordance with Ergowear’s return instructions and eligibility requirements.

Returned items must be unused, unworn, and in their original condition, including original tags and packaging. Ergowear reserves the right to refuse returns that do not meet these conditions.

Shipping and handling fees are non-refundable. Refunds, when approved, will be issued to the original payment method used for the purchase. or as store credits. 

Certain items, including but not limited to final sale items, promotional items, or items explicitly marked as non-returnable, are not eligible for return or refund, except where required by applicable law.

Limitation of Liability

Ergowear shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ergowear has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical or Programming Errors

In the event that a Ergowear product is mistakenly listed at an incorrect price, or a programming error results in an erroneous discount at product or cart level, Ergowear reserves the right to refuse or cancel any orders affected by this error. Ergowear reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ergowear shall issue a credit to your credit card account in the amount of the refused order.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ergowear without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Ergowear may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ergowear.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the United States of America, and the free trade and/or association agreements signed between the USA and Chile, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ergowear products) shall be in the state or courts located in Florida, USA.

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ergowear products) must be commenced within 90 days after the claim or cause of action arises. Ergowear’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ergowear may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ergowear or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Ergowear does not and cannot review all communications and materials posted to or created by users accessing the site or its social network accounts linked from the site, and is not in any manner responsible for the content of these communications and materials.

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ergowear is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ergowear reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, infringing, offensive, or otherwise unacceptable in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ergowear, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors or increase security of use, Ergowear may link to sites operated by third parties. However, even if the third party is affiliated with Ergowear, Ergowear has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ergowear.

These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ergowear seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).