The following Terms Of Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between Nfinity Athletic, LLC (Nfinity, "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the Nfinity website, related micro-sites accessed through the URL www.nfinity.com, related domain names, and any other website or micro-site of Nfinity (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
REGISTRATION & ACCOUNT TERMS AND CONDITIONS
To use some of the services or features made available to you on this Site you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify Nfinity immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through the Nfinity Athletic, LLC ("Nfinity") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Georgia.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Nfinity terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Nfinity, and who have authorized Nfinity to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Nfinity reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Nfinity feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
Nfinity offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our factory. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make a Pre-Order. This will ensure that you receive this item in priority once factory stock has been delivered to Nfinity. Nfinity will only take Advance Purchase orders for stock that has been scheduled for delivery the factory supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Nfinity.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
Nfinity will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Nfinity will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of Georgia, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Nfinity.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by Nfinity. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to Nfinity, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email as soon as possible.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Solupay, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Nfinity user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure Nfinity uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
Nfinity insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Nfinity, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
The signature can be waived for domestic orders dispatched via FedEx. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that Nfinity can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize Nfinity to leave the package(s) at the shipping address without obtaining a signature and release and indemnify Nfinity from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. Nfinity is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
ARRANGING YOUR EXCHANGE OR RETURN
You must request your exchange or return and send your unwanted items back to us within 30 days for a refund of the value of the item only, or an exchange on the same item in a different size, based on stock availability. Please refer to our Exchanges & Returns policy for further details on how to request your return.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All items must be sent back to us within 30 days of receiving your order. For full details on how to return your purchase see our Exchanges & Returns policy.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
Shipping is complementary on the replacement item, but exchanges made to destinations outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.
Items should be returned unused and with all Nfinity garment tags still attached. Returns that are damaged or soiled will not be accepted and will be returned to the customer.
All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing.
All shoes should be tried on a carpeted surface before wear.
Skincare, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise we will not accept them. Please note, fragrance, nail polish and aerosols are final sale and will not be returned due to restrictions by the Department of Transportation.
LINGERIE & SWIMWEAR
Returns will not be accepted if packaging has been opened.
Technology products should be returned in the original packaging.
Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty.
If your item is faulty when you receive it, you must return it for a refund within 30 days from the date you received it.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your Nfinity account or future orders being refused.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Nfinity Software and all HTML and other code contained in this Site, shall remain at all times vested in Nfinity and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Nfinity and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Nfinity tries to ensure that the information on this site is accurate and complete. Nfinity does not warrant or represent that Nfinity's Content is accurate, error-free or reliable or that your use of Nfinity's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. Nfinity does not warrant that the functional aspects of the Web Site or Nfinity's Content will be error free or that this Web Site, Nfinity Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or Nfinity's Content results in the need for servicing or replacing property, material, equipment or data, Nfinity is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Nfinity and its suppliers make no warranties about Nfinity Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Nfinity reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Nfinity is not liable to you or any third party for any such withdrawal.
Opinions expressed on Nfinity TV are the personal opinions of the authors and do not reflect the views of Nfinity. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Nfinity a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but Nfinity does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail comments@Nfinity.com . Nfinity reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Nfinity and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Nfinity, including advertisers. Nfinity has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While Nfinity will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless Nfinity immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and Nfinity and govern your use of the Services and completely replace any prior agreements between you and Nfinity in relation to the Services. Notwithstanding the foregoing, you understand that Nfinity may make changes to the TOS from time to time. When these changes are made, Nfinity will make a new copy of the TOS available at http://www.Nfinity.com. You agree that Nfinity is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: Nfinity is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Nfinity provides may change from time to time without prior notice to you. You further acknowledge and agree that Nfinity may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Nfinity's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that Nfinity grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nfinity reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that Nfinity has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which Nfinity may suffer) of any such breach.
(e) Rights Not Waived: You agree that if Nfinity does not exercise or enforce any legal right or remedy which is contained in the TOS (or which Nfinity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nfinity's rights and that those rights or remedies will still be available to Nfinity.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with Nfinity under the TOS, shall be governed by the laws of the State of New York. You and Nfinity agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org.
(i) Independent Relationship: You and Nfinity are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Nfinity. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
DATA PROTECTION AND USE OF PERSONAL INFORMATION
LICENCE TO USE MATERIAL
We grant you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on this Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('NAP Material') on the basis set out immediately below.
You are entitled to access, download and transmit (for the purposes expressly permitted in these Terms) and store the NAP Material for your own personal, non-commercial use provided that you do not:
Remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined below) in the NAP Material; Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the NAP Material;
Rent, lease, sub-licence, loan, copy or give or transfer any rights in the NAP Material in any form, to any person or entity without the prior written consent of The Nfinity Group Limited.
Unless otherwise stated, all intellectual property rights, (including but not limited to copyright, trade marks, registered and unregistered designs, database rights, domain names and goodwill (“Intellectual Property Rights”)) in all content included on this Site, including all text, graphics, logos, photographs and images) is the exclusive property of Nfinity Athletic, LLC or its licensors and is protected by applicable legislation around the world. Any commercial use, including the reproduction, modification, distribution and transmission of any content is strictly prohibited without the consent of Nfinity Athletic, LLC.
If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreement or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms within these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
LAW & JURISDICTION
These Terms are governed by and construed in accordance with American law and subject to the exclusive jurisdiction of the American Courts.
RIGHTS TO VARY TERMS
We retain the right to vary these Terms without notice to you. However any variation to these Terms shall be uploaded to http://www.nfinity.com.