Terms and conditions
These are the terms and conditions on which we supply our products to you. Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on the website at the time you place your order will govern that purchase.
Who we are. We are Quadfather Fitness Inc. – a company incorporated and registered in Arizona
How to contact us. You can contact us at Quadfatherfitness.com/contact
How you can place an order. Orders may be placed through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button.
If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.
Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at quadfatherfitness.com/contact.
What we provide. We provide fitness gear, including clothing and accessories.
Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.
The risk of loss for products purchased from us passes to you upon our delivery to the carrier. Title for products purchased from us transfers to you upon payment for the products
When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process. If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.
We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather),we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.
If what you have bought is faulty or differs substantially from how it is described on our website or our app you may have a legal right to get the product replaced or to be given a refund. In this case, the return will be possible in the United States provided you return the product to us within 15 days (unless stated otherwise on our website) from the date you receive it.
Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form at quadfatherfitness.com/contact. Please provide your name, delivery address, order number and email address so we can help you quickly and easily
Returning products after ending the contract. If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy. Visit our Returns Portal at quadfatherfitness.com/returns then enter the required information (including details of the product(s) you are returning and the reason(s) for the return) and follow the relevant instructions including (if specified) printing a returns label. Following this, you should leave the package containing the product(s) you are returning (with the returns label securely attached) at one of the collection points that we identify to you. Unless stated otherwise on our website, please make sure that the products are returned to us within 15 days after you receive it.We reserve the right to refuse returns/exchanges made with or without receipts for any reason.
How and when we will refund you. We will refund you the price you paid for the products by the method you used for payment. If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 30 days from the day we receive the unused product back from you.
We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website (as applicable) at the time when you placed your order.
From time to time we will release discount codes (“Codes”) via email or other marketing channels. These Codes will allow a discount to be applied to a new order at the quadfatherfitness.com US store. To apply a Code please enter it (and remember to click “apply”) where specified during the check-out process.
We are not responsible to you for unforeseeable loss or damage. This excludes liability for consequential, special, incidental, or indirect damages, including without limitation for any lost profits or lost data, in connection with or arising under the contract, or for the performance of the products, even if we have been advised of the possibility of such damages.
If we are found to be liable to you for any damage or loss our liability shall not exceed US$100.00. This limit would apply to any liability which is in any way connected with or arising out of the contract or our products or your use of the website.
We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.
A. Arbitration; Waiver of Class Action Claims
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
A.1 If you live in the United States, you agree that any and all claims, disputes, controversies, actions or proceedings (collectively the “claims”) relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, our app, social media, telephone, catalog, radio, television, mobile device and participating retail stores (collectively the “Sites”), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").
A.2. Before commencing any arbitration, you must give us notice of any claims, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
A.3. You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.The arbitration shall be strictly confidential.
A.4. You must provide your name, address, email that is associated with your Quadfather Fitness account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Sites, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, Quadfather Fitness will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.
A.5. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and Quadfather Fitness agree to waive, to the fullest extent allowed by law, any trial by jury.
B. Class Action Waiver
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
B.1. You agree that you and Quadfather Fitness will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions in connection with any of the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and Quadfather Fitness further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with any of the Sites.
B.2 The terms of this provision will also apply to any claims asserted by you against any of Quadfather Fitness affiliates, to the extent that any such claims arise out of your access to, and/or use of any of the Sites, and/or the provision of content, services, and/or technology on or through any of the Sites.