Terms and Conditions

TERMS OF SALE

Please read these Terms of Sale carefully before ordering Products online from the Athlete Factory Platform. 

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a the Athlete Factory website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of the Athlete Factory Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and the Athlete Factory and its affiliates (which we may refer to as “AF,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. AF may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform.  The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us:matt@@theathletefactory.co.uk.  Your use of the Platform is also governed by AF Terms of Use and Privacy Policy. The Terms of Use are incorporated herein by this reference. To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with AF, and a be consumer – not a reseller. 

NO PURCHASE FOR RESALE

The Platform is intended solely for AF to sell AF products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of AF product by someone who resells, or intends to resell, the AF product to others (consumers, businesses or any third party).  If AF believes you are involved in purchase for resale, AF reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.  

HOW TO ORDER

You need an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform. 
When you submit an order you will be diverted to PayPal and PayPal and AF will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfilment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
the product is not available / in stock;
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with AF;
you are a reseller;
there was an error in the price displayed on the Platform; or
we could not deliver to the address provided by you;
due to an Event Outside Our Control (see below).

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

PRICE/PAYMENT

PAYMENT METHODS

You can find the available payment methods when using the PayPal platform. We do not accept any method of payment other than PayPal and the payment methods they offer. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. 

PAYMENT PROCESSING

Payments can only be processed through PayPal and their T&C’s.

TITLE TRANSFER

We retain title in any product(s) until we have received full payment for such product(s).

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.

YOUR TOTAL PRICE

The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. The package can be opened and your items inspected only after the payment is made. 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 
 
SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfil an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

SHIPPING RATES

FREE SHIPPING

If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates. 

Customizing items

Customization conditions

Consumer acknowledgements relating to customization
Both your design of the item (the colour combination etc.) and the personalization shall be created by you.  To the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by someone else. 
Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design or personalization. 
Your design and your personalization qualify as what we call “User Content”. Article 2 of the Terms of Use applies to your design and your personalization.

RETURNS & CANCELLATIONS

CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact matt@theathletefactory.co.uk
If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below. 

RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.
 
YOUR RIGHT OF WITHDRAWAL

If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 30 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 30 calendar days after the last product is delivered, without giving us any reason. 

If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide if you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. The right of withdrawal does not apply if the product is made to your specification or clearly personalized

REFUND INFORMATION

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a)     We will contact you as soon as reasonably possible to notify you; and
b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 
 Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
 
OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 
Terms and Conditions will control with respect to your purchase and the delivery of our products. 
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us. 

CHOICE OF LAW/JURISDICTION
You agree that the Platform, Terms of Sale, and any dispute between you and AF shall be governed in all respects byUK law.
“OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
We reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with Nike;
you are a reseller;
we could not deliver to the address provided by you; or
due to an Event Outside Our Control

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Welcome to The Athlete Factory

Due to the recent government announcement the chester gym will be closed from Thursday 5th November till December 2nd.

The gyms office is still open between the hours of 10 am and 6pm. Call: 01244 261 368 or email: matt@theathletefactory.co.uk