This loyalty and membership programme is operated by The Original Factory Shop Limited, a company incorporated in England and Wales (company number 02913491) with its registered address at The Factory Shop Ltd, Orient Business Park, Billington Road, Burnley, East Lancashire, BB11 5UB ("TOFS").
These are the terms and conditions for the TOFS Club+ loyalty and membership programme ("TOFS Club+"). These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. All members of TOFS Club+ will be deemed to have accepted and agree to be bound by these terms and conditions.
It is free to become a member of TOFS Club+. Members of TOFS Club+ can enjoy exclusive member-only prices, collect rewards and help raise money for local causes. TOFS Club+ includes the following benefits, which are subject to change from time to time:
- Member Prices
- Club+ Badges
- Money-off Vouchers
- Scratch & Win
Scratch & Win is subject to additional terms and conditions which are available at https://www.tofs.com/pages/scratch-win-terms. By participating in Scratch & Win, you will be deemed to have accepted and agreed to be bound by those terms and conditions.
1. How to register for TOFS Club+
In order to register for TOFS Club+, you must:
Register as a TOFS member on the TOFS Club+ app (the "App"). You can download the App from the "App Store" or "Google Play Store".
- Be resident in the UK.
- Be of a minimum of 18 years of age.
Not already be a registered member of TOFS Club+ (e.g. under a different email address).
TOFS Club+ must not be used for corporate or business purposes or by groups of individuals.
2. Managing your TOFS Club+ account
Once you have registered for TOFS Club+, your account and benefits are not transferable.
You are responsible for ensuring that all of the personal details you provide to TOFS are accurate, complete and up-to-date. TOFS shall not be responsible if you are unable to redeem the benefits of TOFS Club+ or if any communications are delayed or undelivered due to your details not being accurate, complete and up-to-date.
TOFS may cancel your membership with TOFS Club+ if TOFS reasonably suspects that you may be acting fraudulently, criminally or in breach of these terms and conditions. TOFS may also suspend or cancel your membership if you have been inactive for 12 months.
TOFS will only process your personal data in accordance with applicable data protection laws (including the General Data Protection Regulation (EU) 2016/679 as implemented into UK law and the Data Protection Act 2018) and as set out in TOFS' privacy notice which is available at https://www.tofs.com/pages/privacy-notice.
The benefits of TOFS Club+ are subject to change, time limitations and exclusions. They are also subject to availability and if necessary may be substituted by TOFS. TOFS may cancel, withdraw, void, suspend, modify or replace any benefits at any time for any reason. We will notify you of any material changes to the benefits of TOFS Club+ via the App or by email where possible.
Benefits are non-transferable, non-exchangeable and no cash alternative is offered. Benefits are only redeemable in TOFS stores in the UK. They cannot be redeemed online or in stores where TOFS is a concession. Styles and colours of items provided in connection with the benefits of TOFS Club+ may vary by store.
Benefits cannot be used to purchase plastic bags, gift cards, mobile top-ups, postage stamps, DVDs, lottery scratch cards and lottery tickets. Other category and product exclusions may apply in some stores. In TOFS stores within Co-op stores, we do not sell groceries.
If the value of the benefit is higher than the purchase amount at checkout that the benefit is redeemed against, the difference is forfeited by the user and is non-refundable. The balance will not be given in cash.
If items purchased using a benefit are returned, only the discounted purchase price paid by the member will be refunded. If the item was wholly purchased using the benefit, the purchase price of the product shall be refunded on a gift card.
TOFS shall not be liable for any delay or failure to perform any obligation to the intended recipient of any benefit. That includes, without limitation, where a delay or failure to perform is caused by:
any act or omission of a third party;
- technical problems affecting the App and/or TOFS Club+; or
any other event outside of TOFS' reasonable control.
Member Prices are exclusive promotions in-store which are only available to TOFS Club members (physical card or App). To get the Member Prices, you must scan the TOFS Club+ card barcode on the App (or swipe the physical Club card) at checkout at the time of purchase from a TOFS store in the UK and the promotion shall be automatically applied to your transaction.
Member Prices are subject to section 4 of these terms and conditions.
Club+ Badges is the loyalty rewards programme within TOFS Club+.
There are three badges to collect:
Shop and spend £20 or more
Shop and spend £20 or more
Shop and spend £20 or more
Members can collect these badges by scanning the App card barcode on the App at checkout at the time of a purchase from a TOFS store in the UK. Only one shopping badge can be achieved in one transaction. i.e. you cannot achieve more than one 'Shop and spend £20 or more 'in one transaction. Badges are kept for 12 months from the date that they are achieved.
Once you’ve collected all three badges you will receive a '£5 off' reward. This will automatically appear in your 'My Rewards' section in the App.
The twelve month time period for the badges shall commence on the date that the badge is achieved.
The '£5 off' reward will be valid for 3 months. If it isn't used within that time period, it will be automatically removed from the 'My Rewards' section in the App. This reward is subject to section 4 of these terms and conditions.
When you redeem your '£5 off' reward earned through the Club+ Badges programme, that transaction will not count towards achieving future badges.
Bonus badges may be released by TOFS from time to time and will be communicated to members through the App or by email, SMS or post as and when they are released.
TOFS may, on occasion, reward TOFS Club+ members with money-off vouchers.
These money-off vouchers will be subject to section 4 of these terms and conditions.
TOFS is liable (i.e. responsible) to you for foreseeable loss and damage caused by TOFS. If TOFS fails to comply with these terms and conditions, TOFS is responsible for loss or damage you suffer that is a foreseeable result of TOFS' breach of these terms and conditions or TOFS failing to use reasonable care and skill. However, subject to the foregoing:
(A) TOFS is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;
(B) TOFS is not responsible for any pre-existing faults or damage or for any loss or damage which you could have avoided by following TOFS' advice or instructions, or taking reasonable care; and
(C) TOFS is not liable for business losses. TOFS only provide the benefits for domestic and private use. Use of TOFS Club+ and the benefits provided thereunder for commercial or business purposes is prohibited. If you use or intend to use the benefits for any commercial, business or re-sale purpose, TOFS will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
TOFS does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (i.e. if TOFS fails to take reasonable care or exercise reasonable skill in the performance of its obligations under these terms and conditions) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation (i.e. if TOFS deliberately tells you something that is untrue, which you then reasonably rely on).
9. Changes to these terms and conditions
TOFS reserves the right to amend these terms and conditions at any time.
10. Governing law and jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales.
You agree to submit to the jurisdiction of the courts of England and Wales (or the Scottish courts if you live in Scotland or the Northern Irish courts if you live in Northern Ireland) if any dispute arises.