Terms of Sale
Terms of Sale (UK)
You are reading these Terms of Sale (“Terms of Sale”) because you are using the NIKE STRENGTH Platform.
These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, purchases, and returns at the uk.NIKESTRENGTH.com digital store (the “NIKE STRENGTH STORE”) for customers 18+ located in the United Kingdom (“UK”). If you are located in another country, different, country-specific terms may apply.
Please review the terms carefully before ordering products online or otherwise purchasing from the NIKE STRENGTH STORE.
By shopping in the NIKE STRENGTH STORE you are accepting and agreeing to be bound by these terms of sale. If you do not agree to the terms, you must (a) discontinue using or shopping in our stores, (b) not make a purchase and/or (c) return any eligible purchase within the applicable return window.
We may update these Terms of Sale from time to time. If a material change is made, we will send you a notification. 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.
These Terms of Sale create a legally binding agreement between you and MTCN UK VENTURES LTD (which we may refer to as “MTCN VENTURES,” “we,” “us,” or “our”) with its headquarters and principal place of business at 2nd Floor, 55 Ludgate Hill, London, United Kingdom, EC4M 7JW.
Your use of the Platform is also governed by NIKE STRENGTH’s Terms of Use and Privacy Policy. Both are incorporated herein by this reference.
CHANGES
We can always change a product to reflect changes in laws and regulatory requirements and to make minor technical adjustments and improvements and changes to prices. We can also make other changes to the products or these Terms of Sale but if we do so we'll notify you of the change, and you can contact us to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.
We may, at any time and without notice, change or withdraw any products which are available on the NIKE STRENGTH STORE. Any changes made by us do not affect your right to receive products which you have ordered and paid for.
NO PURCHASE FOR RESALE
The NIKE STRENGTH STORE is intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a product by someone who intends to resell the product to others (consumers, businesses or any third party). If we determine that a purchase or order is intended for resale, we reserve the right, in our sole discretion, and as it relates to such purchase or order, to (a) suspend the application of any policy that provides a right or benefit intended for direct to consumer purchases; and (b) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, and/or suspend or close any account.
HOW TO PURCHASE – DIGITAL STORES
To complete your purchase at the NIKE STRENGTH STORE, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of the NIKE STRENGTH STORE, including adding items to your shopping bag and submitting your order. When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfilment of all orders at the NIKE STRENGTH STORE is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damages or costs other than repayment/refund of any amount received from you in relation to such sale or order, in situations including but not limited to:
- an Event Outside Our Control (as defined below);
- the product you seek to purchase is not available or in stock;
- your address, billing information or form of payment is incorrect or cannot be verified;
- your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
- there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purposes;
- your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
- your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
- your account and/or purchase history shows an excessively high volume of returns;
- there is evidence that you are not eligible to make purchases; or
- in the event of misspelling, pricing or other errors or mistakes at the NIKE STRENGTH STORE.
We will determine whether any of the above events have occurred in our sole discretion.
TITLE TRANSFER & RISK OF LOSS
Title and risk of loss for products purchased from the NIKE STRENGTH STORE pass to you upon our delivery to the carrier. The title to the products will not transfer to you until we have received full payment from you for the products.
ENDING OUR CONTRACT WITH YOU
We can end our agreement with you at any time if you have broken these Terms of Sale in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
LEGAL RESPONSIBILITY
We're responsible for losses you suffer caused by us breaking the agreement between you and us unless the loss is unexpected or unforeseeable, caused by a delaying Event Outside Our Control (provided we have taken the steps stated in these Terms of Sale), avoidable (i.e., something you could have avoided by taking reasonable action, including following our reasonable instructions), or a business loss.
WEBSITE - NIKE STRENGTH STORE
To the extent allowed by law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the NIKE STRENGTH STORE.
We do not guarantee that the NIKE STRENGTH STORE is free from viruses or defects. You are responsible for configuring your information technology, computer programs and platform to access the NIKE STRENGTH STORE. You should use your own virus protection software.
Where the NIKE STRENGTH STORE contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those other websites or resources.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the NIKE STRENGTH STORE, its contents or any products or services provided via, or in relation to, our website for any purpose, including the development, training, fine-tuning or validation of AI systems or models.
We won’t be liable to any person for any loss or damage which may arise from the use of the NIKE STRENGTH STORE, websites linked from our website or any information contained in any of the materials on our website.
OWNERSHIP OF RIGHTS
All rights (including intellectual property rights) in or to the NIKE STRENGTH STORE and its contents are owned by or licensed to us. Any use of (including linking to) the NIKE STRENGTH STORE or its contents, including copying or storing it, or them in whole or in part, other than for your own personal, non-commercial use is prohibited without our permission..
PERSONAL DATA
How we use any personal data you give us is set out in our Privacy Policy.
COMPLAINTS AND DISPUTES
If you have any complaints or problems, you can contact our customer service team at nikestrengthuk@support.nikestrength.com and they will do their best to resolve any complaints or problems you have.
These Terms of Sale, as well as all other agreements concluded in connection herewith, are governed by the laws of England and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
We may assign (transfer) our rights and duties under these Terms of Sale to any party, but this will not affect your rights or our obligations under these Terms of Sale. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under these Terms of Sale and/or allow you to end our agreement with you within 30 days of us telling you about the transfer and refund you any payments you've made in advance for products not provided. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree to it in writing.
Our failure to insist upon or enforce strict performance of these Terms of Sale is not a waiver of any of these Terms of Sale or our rights and doesn't mean that we can't enforce these Terms of Sale or our rights later.
If any court or relevant authority decides that any provision of these Terms of Sale is invalid or unenforceable, the remainder of these Terms of Sale shall continue to be enforceable.
PAYMENT
Payment is captured at the time of sale. We accept several payment methods at checkout. Redemption/use of gift cards to purchase products is subject to separate terms and conditions. Please do not try to pay using any payment method not accepted at checkout. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
If we're unable to collect any payment you owe us, we shall charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.
PRICES AND CURRENCY
The product prices displayed on products, packaging, signage, or otherwise posted within the NIKE STRENGTH STORE include sales tax. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. Shipping rates are applied per order. The prices of the products will be as displayed in the NIKE STRENGTH STORE. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
YOUR TOTAL PRICE
The total price specified in the final check out screen on the NIKE STRENGTH STORE includes estimated tax and shipping costs (if applicable). If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. If not paid in your local currency, your bank or credit card issuer will apply an exchange rate and any fees according to the terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.
DELIVERY – WHERE AND WHEN
We can only fulfill an order to a valid delivery address which is a home or office address in the UK. We will decide which carrier to use to deliver your product. Delivery options, shipping costs and product prices in the NIKE STRENGTH STORE can change over time, but shipping costs will not change for a particular order once we have confirmed in an order confirmation.
SPLIT DELIVERY
Multi-unit orders may be delivered in multiple shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact the NIKE STRENGTH STORE customer service team for assistance.
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
CANCELLING ORDERS BEFORE SHIPMENT
If you wish to cancel your order, please contact our customer service team at nikestrengthuk@support.nikestrength.com as soon as possible. Order cancellations may be subject to a cancellation fee if the order has already been processed or shipped.
RETURNING PRODUCTS AFTER PURCHASE/DELIVERY
Returns must be requested within 30 days and all products must be returned in a new and unused condition. Equipment must be unused with original undamaged packaging, and apparel must be unworn with tags still on.
Returns of products purchase on the NIKE STRENGTH STORE in retail stores will not be accepted.
RETURNS OF DEFECTIVE PRODUCT
You are entitled to return products if they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified (as determined by MTCN UK VENTURES LTD in its sole discretion), the purchase price and any shipping costs will be refunded to you. For instructions on how to return defective products, please visit the Returns section of the NIKE STRENGTH STORE.
REFUND INFORMATION
Refunds will be issued to the original form of payment. Except for returns of defective products that have been approved by MTCN UK VENTURES in its sole discretion, you will be responsible for paying all shipping costs charged at checkout and all shipping costs to return any product. The shipping costs to return your product(s) will be deducted from the purchase price of your returned product(s), and the net amount will be refunded after the return has been received and accepted.
Return shipping costs may be more or less expensive than the shipping costs on the original purchase, depending on the prevailing shipping rates in effect at the time the return is initiated. Return shipping costs will be communicated to you when a return is initiated.
Shipment of products to a location other than that shown on the return label may result in a denial of all customer claims pertaining to that return. Returns received without a valid RMA# and NIKE STRENGTH STORE provided shipping label are subject to refusal and return to the customer at the customer’s cost. We retain the right to refuse refunds for all unauthorised returns.
For more information on how to complete a return please visit the Returns section of the NIKE STRENGTH STORE.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, 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 provide notice to you as soon as reasonably possible; and (b) our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended during the time needed for resolution 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 order if an Event Outside Our Control takes place and you no longer wish us to provide the products.