Please read all these terms and conditions.
Governing law, jurisdiction and complaints
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Athlete Perks of Unit 7, The Malverns, Cherry Orchard Lane, Salisbury, SP2 7JG with email address [email protected]; (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
To be eligible to use this site and enter any legal contracts you must fit the eligibility criteria. The Athlete Perks service is not available minors under the age of 18.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
If you do not qualify, you may not use the service provided by Athlete Perks.
Consumer means an individual acting for purposes which are wholly or mainly outside his or
her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website www.athleteperks.co.uk on which the Services are advertised.
The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Some of the links on this website are affiliate links. When these links are clicked to a website where a sale occurs, Athlete Perks receive a small commission. For more information about affiliate marketing please see this link here.
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract.
PERSONAL INFORMATION AND REGISTRATION
When registering to use the Website you must set up a username, password and provide a billing address (used for the welcome package). You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
When you set up an account with us and become a member, you will also be asked to choose a password. It is you responsibility to maintain the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. It is your responsibility to notify us immediately by emailing [email protected] if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
BASIS OF SALE
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Account Information). You must ensure that the Account Information is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Account Information). You will receive the Account Information within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
FEES, PAYMENT & PRICE
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the welcome package and access to perks.
The price of any Products and/or services (including any applicable delivery costs) will be as quoted on athleteperks.co.uk and occasionally in promotional material, except in cases of obvious error.
a.Prices of Products are liable to change at any time. These changes however, will not affect orders where we have already sent you an order confirmation/acknowledgement.
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a.in the case of Services, within a reasonable time; and
b.in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time (not more than 30 days after the day on which the contract started), you can (in addition to any other remedies) treat the Contract at an end if:
a.we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b.after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return the payment made under the Contract (if it’s cancelled within 14 days of contract start).
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods or have access to our service until we have received payment in full. If full payment is overdue we can choose, by notice to cancel any delivery/service and end any right to use the Goods still owned by you, in which case you must return them.
We or others on our behalf may offer trials of to our paid premium membership for a specified period without payment or at a reduced rate (a “Trial”). Athlete Perks reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such trails, we may automatically start to charge the applicable paid subscription on the fist day following the end of the trial, on a recurring yearly basis. By providing your payment details in conjunction with the trial you agree to this form of payment. If you do not want this charge, you must cancel within the agreed cancellation period (14 days after the first payment). If you do not want to continue to be charged the recurring fees, follow the steps in 46.c to cancel your membership. Athlete Perks will not refund any fees/ payments you have already paid.
Any promotion code or offer provided on this website cannot be used in conjunction with any other promotion (current or historical).
We reserve the right to withdraw or terminate any of our promotion codes or offers at any time. On withdrawal or termination, the promotion codes or offers will not be valid for any orders placed after the date of such withdrawal or termination. Where fraud is suspected, we reserve the right to reject the use of any promotion codes.
Subject as stated in these Terms and Conditions, you can cancel this contract at any time without giving any reason. The cancellation will result in your membership being downgraded to the free membership (if you are a premium member).
In a contract for the supply of services (without goods), the contract can be cancelled at any time without giving a reason. In a contract for the service over time (ie recurring payments), you can cancel this at any time and without giving any reason – Athlete Perks will not refund any fees/ previous or historic payments you have already paid.
Our free trials convert on the last day of your trial (for example, a two week trial converts on the fourteenth (14) day of your trial) to a recurring periodic yearly subscription (which is billed yearly). If you do not wish to be enrolled into a yearly subscription, you can cancel your account at any time. You can cancel your account by following the steps at .c below.
.b By subscribing to Athlete Perks you are agreeing to pay recurring periodic subscriptions for an indefinite time until your account is cancelled by you or us. The price for this subscription is as set out on our website, www.athleteperks.co.uk.
.c Cancelling your subscription is simple. You just need to go to your account area and follow these steps.
- Log into your account on the Athlete Perks website – www.athleteperks.co.uk
- Click My Account in the menu. This will take you to the ‘My Account’ section
- Under ‘My Memberships’ click ‘cancel’
- Click ‘yes,cancel this membership’
.d We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
To meet the refund deadline, it is sufficient for you to complete the cancellation process before the refund period has expired.
WITHDRAWAL AND CANCELLATION
You can withdraw the membership by telling us within 14 days of your latest payment, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised; c. goods which are liable to deteriorate or expire rapidly.
d. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
EFFECTS OF CANCELLATION IN THE REFUND PERIOD
If you cancel this Contract within 14 days from your latest payment, you will be eligible for a full refund. If you would like to request a refund please contact us. Previous or historic orders will only be refunded at our entire discretion.
If you do not cancel your membership within 14 days of your latest payment you will not be eligible for a refund.
Our refunds policy applies only to the most recent order you have made. Previous or historic orders will not be refunded.
To meet the refund deadline, it is sufficient for you to complete the cancellation process before the refund period has expired.
To request a refund, please contact us and a member of our team will get back to you swiftly.
TIMING OF REIMBURSEMENT
We will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive the confirmation of your cancelation.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
THE WELCOME PACKAGE
We do not accept the return of goods (welcome package).
The Welcome Package is delivered within 3-5 days once payment has been received at Athlete Perks. The Welcome Package may take longer to be delivered if stock is low.
a. Our Monthly membership and any membership with 3 or more months trial will not receive a welcome package.
DURATION, TERMINATION AND SUSPENSION
The Contract continues indefinitely.
Either you or we may terminate the Contract or suspend the Services at any time to the other if that other:
a.commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. shares confidential information provided by the service (codes); or
c. private email communications; or
d.is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
We have a legal duty to supply the Services/Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
a.be of satisfactory quality;
b.be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c.conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
In the event of any failure by a party because of something beyond its reasonable control: a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel).
LIMITATION OF LIABILITY
In no case shall Athlete Perks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987; or
- For fraud or fraudulent misrepresentation;
We are not liable for indirect losses which was not foreseeable by you or us, including but limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of goodwill
- loss of anticipated savings
- loss or corruption of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
GOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customer should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.