Terms of service
Last updated: 18 Aug 2026
Effective date: 18 Aug 2026
This website (https://www.nextwayapparel.com, the "Site") is the Nextway Apparel online store. Throughout these Terms of Service, the terms "Nextway Apparel", "we", "us", and "our" refer to the operator of the Site.
By accessing the Site or placing an order with us, you agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy, Shipping Policy, and Refund Policy. If you do not agree to these Terms, please do not use the Site.
These Terms are governed by US law. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under applicable federal or state consumer protection law.
1. General Conditions
1.1 To place an order, you must be at least 18 years of age, or the age of majority in your state, and capable of entering into a legally binding contract.
1.2 We may refuse service, refuse orders, or restrict access to the Site where we reasonably believe there has been fraud, abuse, breach of these Terms, or any unlawful activity.
1.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Site, our product designs, or our content for commercial purposes without our prior written permission. Sharing product images for personal, non-commercial use (for example, tagging us on social media) is permitted.
1.4 We may modify or discontinue the Site (or any part of it) at any time. We will not be liable to you or to any third party for any such modification or discontinuation.
2. Products and Product Information
2.1 We make every reasonable effort to display the colors, materials, and dimensions of our products as accurately as possible. Minor variations between product images and the physical product (including color representation on different screens) may occur and do not constitute a defect.
2.2 All product descriptions, specifications, and sizing guides are provided in good faith. We reserve the right to correct typographical errors, inaccuracies, or omissions at any time.
2.3 Products are subject to availability. If a product becomes unavailable after you place an order, we will contact you to offer a substitute, a delayed shipment, or a full refund.
3. Pricing, Sales Tax and Payment
3.1 All prices displayed on the Site are in US Dollars (USD $) and do not include sales tax unless otherwise stated. Applicable sales tax is calculated at checkout based on your shipping address and the tax laws of your state.
3.2 Shipping charges, if any, are displayed separately at checkout.
3.3 We accept the payment methods displayed at checkout. All payments are processed by PCI-DSS compliant payment processors. We do not see or store full card numbers.
3.4 Payment is taken at the time you place your order. If your payment is declined or reversed after shipment, we reserve the right to cancel the order and recover the product.
3.5 We reserve the right to change prices, discounts, and promotions at any time. Changes do not affect orders already accepted by us.
4. Orders and Formation of Contract
4.1 When you place an order on the Site, you are making an offer to buy the products you have selected under these Terms.
4.2 Our order confirmation email acknowledges receipt of your order but does not accept it.
4.3 A binding contract is formed only when we ship the product to you or send you a shipping confirmation email, whichever occurs first.
4.4 Before the contract is formed, we may decline your order for any lawful reason, including product unavailability, pricing errors, suspected fraud, or failure of payment authorization. If we decline your order after payment has been taken, we will refund you in full within 5 business days.
4.5 You are responsible for providing accurate purchase information, including the correct shipping address, correct contact details, and the correct product selection (size, style, and color) for the item you are ordering (see Section 5).
5. Sizing and Product Suitability
5.1 It is your responsibility to verify the correct size and fit for your body measurements before completing your purchase. We provide size guides and material information on each product page.
5.2 If you order an item that does not fit because the wrong size was selected, our Refund Policy sets out the exchange process, which applies in addition to your rights under applicable state consumer protection law.
6. Limitation of Liability
6.1 This Section 6 applies only to the extent permitted by law and does not exclude, restrict, or modify any right or remedy you have under applicable federal or state consumer protection law.
6.2 Our products are designed and intended for ordinary personal wear. We are not liable for damage arising from misuse, improper care, or use inconsistent with the care instructions provided with the product.
6.3 To the maximum extent permitted by law, we are not liable for indirect, consequential, incidental, or special damages arising from the use of our Site, products, or services, including but not limited to loss of data, loss of use, or related damage arising from:
- Use beyond the product's specified tolerances
- Failure to follow the care instructions provided
- Improper use contrary to the instructions we provide
- Continued use of a visibly damaged or defective product
- Modification of the product by you or a third party
6.4 Where permitted by law, our total liability relating to any order shall not exceed the amount paid for the relevant product.
7. Product Warranties
7.1 Our products are covered by the implied warranty of merchantability under the Uniform Commercial Code as adopted in Texas, meaning our goods are fit for their ordinary purpose and match their description at the time of sale.
7.2 If a product is defective, not as described, or not fit for its ordinary purpose, you are entitled to a repair, replacement, or refund in accordance with our Refund Policy and applicable law.
7.3 The process for making a warranty claim is set out in our Refund Policy.
8. Intellectual Property
8.1 All content on the Site — including text, graphics, logos, product photographs, product designs, illustrations, and the Nextway Apparel name and mark — is owned by or licensed to Nextway Apparel and is protected by US and international copyright, trademark, and design laws.
8.2 "Nextway Apparel" is our brand. You must not use the Nextway Apparel name, logo, or product designs in any commercial context without our prior written permission.
8.3 You must not reproduce, manufacture, or distribute copies of our product designs or designs substantially similar to our products. We actively monitor for infringement and will pursue all available legal remedies.
9. Third-Party Links
9.1 Certain links on the Site may direct you to third-party websites. We are not responsible for the content, policies, or practices of any third-party website and do not endorse them. Your interactions with any third party linked from the Site are solely between you and that third party.
10. Marketing Communications
10.1 We send marketing emails only to customers who have consented to receive them, in accordance with the CAN-SPAM Act.
10.2 Every marketing email includes a functional unsubscribe link. You may also withdraw consent at any time by emailing support@nextwayapparel.com with the subject line "Unsubscribe".
11. Dispute Resolution
11.1 If you have a complaint or dispute, please first contact us at support@nextwayapparel.com with the subject line "Complaint". We will acknowledge your complaint within 7 days and work in good faith to resolve it within 30 days.
11.2 Nothing in this Section 11 prevents you from exercising your rights under applicable state consumer protection law, filing a complaint with the Federal Trade Commission (FTC) or your state Attorney General's consumer protection division, or taking any other action available to you as a consumer.
12. Governing Law and Jurisdiction
12.1 These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, subject to your rights as a consumer.
13. Severability and Entire Agreement
13.1 If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
13.2 These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and us regarding your use of the Site and supersede any prior agreements or communications.
14. Changes to These Terms
14.1 We may update these Terms of Service from time to time. The "Last updated" date at the top reflects the most recent revision. Changes take effect from the time they are posted on the Site. Material changes will be signposted prominently on the Site.
15. How to Contact Us
If you have any questions about these Terms of Service, please contact us:
- Company Name: Nextway Apparel
- Business Address: 17350 State Hwy 249 Ste 220, Houston, TX 77064, United States
- Phone: +1 832-263-0836
- Customer Support Email: support@nextwayapparel.com
- Support hours: Monday – Friday, 9:00 AM – 5:00 PM CT