Shipping policy

TERMS & CONDITIONS

Effective Date: February 19, 2026
Last Updated: February 19, 2026

These Terms & Conditions (“Terms”) govern your use of this website and purchases made from pHocusAthletic.com (“Company,” “we,” “us,” or “our”).

By accessing this website or placing an order, you agree to these Terms.


1. Eligibility

You must be at least 18 years old to use this website or purchase products.

We sell and ship within the United States only.


2. Orders & Acceptance

All orders are subject to acceptance and availability.

We reserve the right to:

  • Refuse or cancel orders

  • Limit quantities

  • Correct pricing errors

  • Cancel suspected fraudulent transactions

If we cancel your order prior to shipment, you will receive a payment reversal.


3. SHIPPING POLICY

Shipping Origins

Orders are fulfilled from facilities located in:

  • California

  • North Carolina

We reserve the right to ship from either location at our discretion.


Processing Time

Orders are typically processed within 1–3 business days (excluding holidays). Processing time is separate from transit time.

We may extend processing times during high-volume periods or events beyond our control.


Shipping & Delivery Estimates

Delivery times are estimates only and are not guaranteed.

We are not responsible for carrier delays caused by:

  • Weather

  • Natural disasters

  • Labor disruptions

  • Incorrect address information

  • Events beyond our control


Risk of Loss

All purchases are made pursuant to a shipment contract.

Title and risk of loss transfer to the customer upon delivery of the product to the carrier.

We are not responsible for lost, stolen, or delayed packages once transferred to the carrier.


Incorrect Addresses

Customers are responsible for accurate shipping information.

Additional fees may apply for returned or re-shipped packages.



4. ALL SALES FINAL – NO REFUNDS

In accordance with California Civil Code §1723:

ALL SALES ARE FINAL.

We do not offer refunds or monetary returns except where required by law.

By completing your purchase, you acknowledge and agree to this No Refund Policy.

Shipping fees are non-refundable.


5. Limited Exchange Policy

We may allow exchanges at our sole discretion if:

  • Requested within fourteen (14) calendar days of delivery

  • Item is unused, unworn, unwashed

  • Original tags and packaging intact

  • Proof of purchase provided

We reserve the right to deny exchanges that do not meet these criteria.

Customers are responsible for return shipping unless the item is verified defective.

Refunds will not be issued unless required by law.


6. Damaged or Incorrect Items

You must notify us within five (5) calendar days of delivery.

Required documentation:

  • Order number

  • Clear photographs

  • Description of issue

If approved, we will provide a replacement or exchange.


7. Disclaimer of Warranties

To the fullest extent permitted by California and federal law:

Products are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.

Some states do not allow certain exclusions; those limitations may not apply to you.


8. Limitation of Liability

To the maximum extent permitted by law:

Our total liability shall not exceed the amount paid for the product giving rise to the claim.

We are not liable for indirect, incidental, consequential, or punitive damages.

Nothing herein limits rights that cannot be waived under California law.


9. BINDING ARBITRATION AGREEMENT

PLEASE READ CAREFULLY.

By purchasing from us, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your purchase, or use of our website shall be resolved exclusively by binding individual arbitration in the State of California.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

You Agree That:

  • Arbitration will be conducted by a neutral arbitrator.

  • Arbitration will take place in California (unless remote proceedings are agreed upon).

  • You waive the right to a jury trial.

  • You waive the right to participate in a class action lawsuit or class-wide arbitration.

All claims must be brought in an individual capacity.

If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in effect.

You may opt out of this arbitration agreement within 30 days of purchase by emailing a written opt-out request including your full name and order number.


10. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.


11. Modifications

We reserve the right to update these Terms at any time. The version posted at the time of purchase governs the transaction.


 

 


PRIVACY POLICY

Effective Date: February 19, 2026

This Privacy Policy describes how pHocusAthletic.com collects, uses, and protects your personal information.

This policy applies to California residents in accordance with the California Consumer Privacy Act (CCPA), as amended by the CPRA.


1. Information We Collect

We may collect:

  • Name

  • Email address

  • Shipping and billing address

  • Phone number

  • Payment information (processed securely via third parties)

  • IP address

  • Device and browsing data


2. How We Use Information

We use personal information to:

  • Process orders

  • Provide customer support

  • Improve website performance

  • Prevent fraud

  • Send marketing communications (if opted in)


3. Sharing of Information

We may share information with:

  • Payment processors

  • Shipping carriers

  • Ecommerce platforms

  • Fraud prevention services

We do not sell personal information for monetary value.


4. Your California Privacy Rights

Under CCPA/CPRA, California residents have the right to:

  • Request access to personal information

  • Request deletion of personal information

  • Correct inaccurate information

  • Opt out of certain data sharing

  • Limit use of sensitive personal information

To exercise your rights, contact:
[Insert Privacy Email Address]

We will verify your identity before processing requests.


5. Data Retention

We retain personal information as long as necessary for business, legal, tax, or fraud-prevention purposes.


6. Data Security

We implement reasonable security measures to protect personal data. However, no online transmission is 100% secure.


7. Third-Party Platforms

Orders may be processed through third-party ecommerce and payment providers. Those providers maintain their own privacy policies.

We encourage you to review their policies for additional information.


8. Changes to This Policy

We may update this Privacy Policy at any time. The version posted on our website governs your information.