This loyalty and membership programme is operated by The Original Factory Shop Limited, a company incorporated in England and Wales (company number 02913491) with it's registered address at The Original Factory Shop, 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:
- Club+ Savings
- 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.
If you have any questions about TOFS Club+, please email us at email@example.com
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.
You can cancel your membership with TOFS Club+ at any time by emailing firstname.lastname@example.org
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.
3. Your personal data
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 at tofs.com or where TOFS is a concession in another retailer. 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.
5. Club+ Savings
Club+ Savings are exclusive promotions in-store which are only available to TOFS Club+ members. To get the Club+ Savings, you must scan the TOFS Club+ card barcode on the App at checkout at the time of purchase from a TOFS store in the UK and the promotion shall be automatically applied to your transaction.
Club+ Savings are subject to section 4 of these terms and conditions.
6. Club+ Badges
Club+ Badges is the loyalty rewards programme within TOFS Club+.
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.
In addition to bonus badges, there are six types of badges to collect:
- Shopping badges:
- Shop three times in a three month period
- Spend £20 in one transaction
- Spend £40 in one transaction
- Department badges:
- Shop from beauty
- Shop from fashion
- Shop from footwear
Members can collect these badges by scanning the barcode on the App at checkout at the time of a purchase from a TOFS store in the UK; excluding those where TOFS is a concession in another retailer. Only one of the shopping badges based on spend can be achieved in one transaction. i.e. you cannot achieve both the ‘Spend £20 in one transaction’ and ‘Spend £40 in one transaction’ if one transaction is worth £40 or more. There is otherwise no limits on the number of badges you can collect in one transaction. With the exception of the badge ‘Shop three times in a three-month period’, all other badges are kept for 12 months from the date that they are achieved.
Once you've collected all six types of shopping and department badges you will receive a ‘£5 off’ reward. This will automatically appear in your ‘My Rewards’ section in the App.
The three month time period for the ‘Shop three times in three months’ shall commence:
- on the date the member registers for TOFS Club+ and the date falling at three month intervals thereafter; or
- if earlier, the date on which all six types of shopping and department badges have been collected and the badge card is completed.
The twelve month time period for the remaining 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.
7. Money-Off Vouchers
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.
8. Refer a Friend
Registered members of the TOFS Club+ who have downloaded the App (each a potential “Referrer”) can invite a friend (“Recipient”) to download the App and join the TOFS Club+ by following the instructions within the ‘Refer your friends’ section of the App. The App will create a unique invitation (“Invite”) which can be sent to a Recipient by the Referrer. The Invite contains a link to the App and a unique invitation code for the Recipient.
Before the Referrer invites a Recipient to join the TOFS Club+ App, the Referrer should obtain their prior consent and ensure they are aware of and understand TOFS’ privacy notice which is available at https://www.tofs.com/pages/privacy-notice.
A Recipient must download the App via the link in the Invite and (provided they comply with the requirements of these terms and conditions) sign up to become a TOFS Club+ member, inputting the unique invitation code where specified.
When the first three Recipients download the App and sign up to become a TOFS Club+ member, the Referrer will receive a Bonus badge.
For the avoidance of doubt, the Recipient must not already be a member of TOFS Club+. An individual may only hold one membership for TOFS Club+.
TOFS reserves the right at any time, in its absolute discretion to:
- verify the eligibility of:
- any Referrer; and
- each Recipient (including their age and place of residence);
- disqualify any person found to be abusing or tampering with the operation of the offer or endeavouring to earn rewards using fraudulent means including (but not limited to) by:
- a Recipient registering on the App more than once; or
- a Referrer sharing a unique Invite with more than one Recipient (via posting the unique Invite on a website, public forum, public social platforms or on TOFS Club+ page, for example). Please note however that there is no limit to the number of Recipients a Referrer can invite to download the App and register for TOFS Club+, but a Referrer should generate a new unique Invite for each Recipient; and
- disqualify any person who TOFS otherwise believes to have acted in breach 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).
10. Changes to these terms and conditions
TOFS reserves the right to amend these terms and conditions at any time.
11. 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.