MY BODY EXPEDITIO TERMS & CONDITIONS
Version October 2021
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Platform; 4. adidas Hype eCom Sale Terms and adidas Hype Retail Release and 5. Miscellaneous, as well as policies, set of terms or documents to which a link has been provided herein (collectively “Terms & Conditions”).
If you place an order through www.adidas.de, the adidas app (the “App”) or any other website or app in which we present these Terms and Conditions (together referred to as the “Platform”), upon confirmation that such order is accepted a contract of sale will be executed between you and adidas AG under company numberHRB3868, with its registered office atAdi-Dassler- Strasse 1, Herzogenaurach, BY, 91074, Germanyand with VAT numberDE132490588, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.
adidas AG is the parent company of the adidas group, which includes several affiliated companies; (hereinafter referred to as "adidas/we/us").
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Platform.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Platform, (ii) order anything at any web page directly connected to the Platform or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We have different types of products. This may include products fully designed and created by us (“Standards Products”) – and products that, although designed by us, may be personalised by you by adding your own content: you can for example add your name, select a player or number (“Personalised Products”), jointly “Products”.
Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the Platform.
All Products shown on the Platform are subject to availability. This means that, although we strive to ensure our Platform reflects the availability of stock, a Product shown on the Platform may no longer be available for purchase.
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. adidas is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Platform.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH ADIDAS
You have to be 16 years of age or older to buy Products via the Platform.
You can only order on the Platform if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
The following applies to all types of Products. All information on the Platform is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
If Product(s) are shown on the Platform but are not or no longer available;
If we are unable to obtain authorisation of your payment;
If shipping restrictions apply to a Product;
If Product(s) shown on the Platform contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
If we are unable to process your order due to technical reasons;
If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4. under headings a through f above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until either:
you receive a confirmation from us that the Products have been shipped to you from our warehouse; or
you receive a confirmation from the carrier that the Products are ready for you to pick up if this option is available on the Platform and you have chosen to pick up the Product(s) at a carrier office or the carrier has stored the Products at the pickup location; or
you receive a confirmation from us that the Products are ready for you to pick them up at the selected adidas store, in the event this option is available on the Platform and you have chosen to collect the Products you ordered and paid for on the Platform at an adidas store (Click & Collect).
Please note that the Click & Collect functionality available on the Platform in your country, may not include the option for you to order and pay for the Product on the Platform (as described under clause 2.4. iii), but give you the option to reserve a Product on the Platform and to then buy and thus pay for it locally in an adidas store. This Click & Collect reservation is only possible in selected adidas stores as indicated during the checkout process on the Platform. If you buy the reserved product, you are concluding a purchase agreement with the adidas
2.5 RETENTION OF TITLE
All Products will remain the property of adidas until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 MAINTENANCE OF PRODUCTS
We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 ORDER CANCELLATION
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order for Standard Products. Please seeHelpsection of the Platform for more information.
The stated prices include VAT. Prices are quoted in euro (EUR). adidas reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12 or go to ‘Delivery’ in the Helpsection of the Platform. Any delivery costs will be charged separately, itemised and added to the total amount of the order.
2.9 METHODS OF PAYMENT
Please check the Help section of the Platform for information on available payment methods.
adidas reserves the right to conduct an individual credit check for each order in accordance with the adidasPrivacy Statement. Depending on the results of this check, adidas reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.11 SPECIAL ASPECTS OF PERSONALISED PRODUCTS
To customise your Personalised Product and make it personal you can add your own content. You can add your name, select a player and number or be as creative as you like. Please keep it decent. We reserve the right to remove inappropriate language and use of brand names. Also keep in mind that some special characters are not supported by our system.
We kindly request you not to use, upload, submit, copy or otherwise make public any names, words or phrases which:
consist of or contain the name of a product, service, company, organisation or event which belongs to someone else;
consist of or contain the name or nickname of a famous person (living or dead);
infringe or may infringe third party trademarks or other intellectual property rights;
are threatening, incite violence, are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful; and/or
are otherwise unacceptable to adidas in its sole discretion.
adidas reserves the right to reject any customisation, names, words or phrases (or combinations thereof) which fall into any of the above categories. This will result in your order being cancelled. Further, adidas will be entitled to claim compensation equal to the value of the Products ordered.
Note that by placing your order for your Personalised Products, you:
represent and guarantee that any names, words or phrases you use, upload, submit, copy or otherwise make public for use on your Personalised Product do not fall into any of the above categories;
agree to indemnify adidas and its affiliated companies and keep adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies as a result of the use of any names, words or phrases used, uploaded, submitted, copied or otherwise made public by you (including use on your Personalised Product);
grant to adidas and its affiliated companies a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by you for the purposes of fulfilling your order; and/or
insofar as the order involves Personalised Products you will not have any cooling-off period, right of revocation, right of return or right of withdrawal (Section 6:230p under f, subsection 1˚ of the Dutch Civil Code).
We will deliver to the address indicated by you within Germany. We can only deliver to a home or office address or a carrier pickup location or if you have chosen to collect the Products from a adidas store, to the address of the relevant adidas store. We will confirm this to you by an email when informing you that the Products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which adidas is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence and in the city of Rieste, Germanyand/or the United Kingdom. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
For detailed information about delivery periods, please check the specifications for the different types of delivery on theDeliverysection in the Help section of our Platform. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery. Note that Personalised Products have different delivery periods. This means that your complete order of Standard Products and Personalised Products will take longer to deliver. However, Personalised Products may also be delivered separately from any other Products you may have ordered.
adidas is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.13 Returns and Withdrawal Policy
For practical information and the instructions for returning Standard Products please see theReturn section in the Help section of the Platform.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your Standard Product(s)) in accordance with Sections 2.14 or 2.15, the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal you must inform us (adidas AG, c/o adidas Customer Service, Withdrawal Department,skr. poczt. Nr 10, ul. Targowa 73, 03-700Warsaw, Poland) submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from the contract of sale. You can use the sample withdrawal form attached as Appendix 1 to these Terms and Conditions, however, this is not mandatory. You may also withdraw from the contract of sale electronically by filling in the explicitwithdrawal declaration on our Platform at https://www.contactus.adidas.com/EMEA/ContactUs?country=GB&brand=adidas&language=en_GB. If you use this option, we shall confirm receipt of order withdrawal via email.
To meet the withdrawal period deadlines specified in Sections 2.14 and 2.15 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The Standard Product must be returned (following the instructions on the Platform) to our warehouse.
The easiest and our preferred way to return your Products is to follow the steps in theReturn section of the Help section of Platform, because this both returns the Products and notifies us of your desire to withdraw from the contract of sale in one go.
If you return your Products by following the above instructions, we shall bear the costs of returning the Products. In some cases you can request the carrier to pick up the parcel for return but this may result in an extra cost charged to you by the carrier. The current extra cost can be found onthe in the Return section of the Help section of the Platform. Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
Please note that special provisions apply for Personalised Products as these have been designed specifically for you. This means that (without this affecting your statutory rights) we cannot accept returns of these under the Voluntary Returns Guarantee, unless they have manufacturing defects.
2.14 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in section 2.13 and in suitable packaging. This deadline shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy (Section 2.13) and this Section 2.14, we shall reimburse all payments we received from you, including delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available), at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned Products, or until you have submitted proof that you have returned the Products, whichever comes earlier.
You only have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.
Exceptions to your right of withdrawal
You do not have a right of withdrawal, whether pursuant to Section 2.14 or Section 2.15, for contracts regarding the:
delivery of Products that are made to your own specifications or which are clearly tailored to your personal needs (Personalised Products); and/or
delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.15 Voluntary Return Guarantee in addition to your Statutory Right of Withdrawal
In addition and without prejudice to your right of withdrawal pursuant to Section 2.14 (and any other applicable statutory rights), we grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional 16 days beyond the Withdrawal Period, so a total return period of 30 days (“Voluntary Return Period”), as acontractual right of withdrawal with respect to a Standard Product.
Please note that the Voluntary Return Period does not apply to Standard Products that are considered to be hype Products. Hype Products include but are not limited to Yeezy. In the process of ordering these hype Products we communicate to you that the Withdrawal Period of 14 days applies.
We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Policy (Section 2.13) and the following conditions.
The Standard Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed (none of the aforementioned affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal pursuant to Section 2.14).
We must be in receipt of the Standard Product(s) you are returning prior to the end of the Voluntary Return Period.
We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Standard Products that do not comply with these conditions.
If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.13) and this Section 2.15, we will reimburse all payments we received from you, including delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) days after our receipt of the Standard Product(s).For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.
2.16 RETURN RELATED TO PERSONALISED PRODUCTS
As explained in section 2.13, since Personalised Products are created just for you, we do not accept returns of Personalised Products except in the case of manufacturing defects. If your Personalised Product has a defect pleasecontact usvia the means provided in theHelpsection of the Platform,or using the contact informationprovided below under Miscellaneous, for return instructions.
2.17 EXCHANGE POLICY
It may be possible to exchange your Product (“Original Product”) for another Product (“New Product”) under certain conditions fully at our discretion. Exchange is always subject to stock availability. The Original Product must be returned in accordance with our return policy set out in sections 2.13-2.15. If you do not return the Original Product in accordance with our return policy, we may not refund you (fully) or charge you for the New Product. The price of the New Product will be equal to the price of the Original Product, even if the price and/or applicable taxes have changed. The order of your New Product is subject to the same terms regarding returns (see section 2.13-2.15) and contract formation as the order of your Original Product (see section 2.4), understanding that the order of the New Product will - mutatis mutandis - be treated as an order made on our Platform. Please check our FAQ’s for more information on order exchange.
2.18 DAMAGED OR DEFECTIVE PRODUCTS
For adidas, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. adidas has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected by the adidas Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
obtained from a source other than the Platform;
that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
that have been damaged by misuse or activities other than the intended purpose (e.g. use of running shoes for court sports or hiking footwear as work boots, etc.).
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments. Contact usvia the means provided in theHelpsection of the Platform, or using the contact information provided below under Miscellaneous.
3. USE OF THE PLATFORM
3.4 Copyright and ownership
All of the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by adidas, its licensors, vendors, agents, and/or its Content providers.
You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non-commercial purposes only.
You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.
You are responsible for complying with all laws which apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of adidas or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.
All trademarks, service marks, and trade names of adidas used as part of or in connection with the Platform (collectively "Marks") are trademarks or registered trademarks of the adidas Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify adidas Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without adidas’ prior written consent. The use of adidas Marks on any other mobile application, website, or online service is not allowed. adidas prohibits the use of adidas Marks as a "hot" link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Platform or its content or circumvent the structure or presentation of the Platform or any of its content or (b) to interfere with the operation of the Platform or any transaction being made on the Platform or interfere or affect any person's use of the Platform or to help facilitate any third party to purchase any product on the Platform.
You may not attempt to gain unauthorised access to any part or feature of the Platform or any system connected to the Platform by hacking, password mining or other illegitimate or unauthorised means.
Certain of the third party materials supplied by adidas for use with the Software are governed by open-source software license agreements supplied with such third party materials. adidas makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open-source software.
3.7 Accuracy of information
We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
You must be 16 years of age or older to access or use the Platform.
3.9 Your provision of information
When you provide information about yourself to us or to other users of the Platform, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Platform, and/or refuse any or all current or future use of the Platform or any portion thereof.
3.10 User-Provided Content
You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including information you share with or make available to other users of the Platform ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform.
We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
We are not responsible for any User-Provided Content, and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:
· you are the owner of all rights in such User-Provided Content;
· you have waived all "moral rights" that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content ;
· you are at least 16 years old.
3.11 Your grant of license to adidas for User-Provided Content
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.
We may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.
3.12 adidas’ discretion to use User-Provided Content
3.13 Your conduct
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:
· upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, or misleading;
· upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
· upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Platform;
· upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
· upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Platform (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission;
· upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform;
· attempt to gain unauthorized access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to anyof our or our service providers’servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorized means;
· probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform or any network connected to the Platform;
· in accordance with Section 3.6, use any automated means to collect information or Content from or otherwise access the Platform, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
· harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses;
· install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
· interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
3.14 Links to websites and online servicesowned or controlled by third parties and third party attributions
For your convenience, the Platform may contain links to or at times redirect you to websites and/or online services owned or controlled by third parties. Also, at your request, the Platform may connect to social networking websites that are not owned or controlled by us.
These websites and online services are not under our control, and you accept that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Platform does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.
3.15 Registration and passwords
You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages in the Platform. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Platform through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.
3.16 Operation of the Platform and termination of this agreement
· you must immediately delete or remove the Platform from your device(s) and immediately destroy all copies, full or partial of the Platform then in your possession, custody or control and on request by us certify to us (or our nominee) that you have done so.
You may cancel this agreement at any time without notice and for any reason by uninstalling the App. Uninstallation methods vary depending on your device. To uninstall the App, please use the application manager provided with your device or consult your device manual for reference.
3.17 Access to the Platform
Neither adidas, nor any of its respective affiliates guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected.
We may suspend, withdraw, discontinue or change all or any part of the Platform without notice.
3.18 Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are 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 you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.19 Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
4. ADIDAS HYPE ECOM SALE AND HYPE RETAIL RELEASE TERMS
IF AVAILABLE IN YOUR COUNTRY THESE ADIDAS HYPE ECOM SALE AND HYPE RETAIL RELEASE TERMS (“HYPE TERMS”) SET OUT THE SPECIFIC TERMS THAT GOVERN YOUR PARTICIPATION IN THE ADIDAS HYPE ECOM SALE (“HYPE ECOM SALE”) AND THE RETAIL EXCLUSIVE HYPE RELEASE (“HYPE RETAIL RELEASE”). THE HYPE TERMS APPLY IN ADDITION TO THE OTHER TERMS - SPECIFICALLY THE PURCHASE TERMS, INSOFAR THE HYPE TERMS DO NOT DEVIATE - SET OUT IN THESE TERMS & CONDITIONS. BY PARTICIPATING IN THE HYPE ECOM SALE OR HYPE RETAIL RELEASE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND THE DECISIONS OF ADIDAS. THE SPECIFIC HYPE TERMS FOR THE HYPE ECOM SALE ARE SET OUT IN SECTIONS 4.1-4.8 AND THE SPECIFIC HYPE TERMS FOR THE HYPE RETAIL RELEASE ARE SET OUT IN SECTION 4.1 AND 4.9.
THE HYPE ECOM SALE AND THE HYPE RETAIL RELEASE ARE AN OPPORTUNITY FOR CONSUMERS TO PURCHASE A LIMITED EDITION ADIDAS PRODUCT (“HYPE PRODUCT”) VIA THE APP.
4.2 Sale Period
THE HYPE ECOM SALE BEGINS AND ENDS ON THE PERIOD DESCRIBED IN THE APP (THE “SALE PERIOD”).
4.3 How to Participate
IN ORDER TO PARTICIPATE, YOU MUST HAVE A MOBILE PHONE THAT USES THE IOS OR ANDROID OPERATING SYSTEM AND HAS THE ABILITY TO RECEIVE TEXT MESSAGES. YOU ALSO MUST HAVE LOCATION SERVICES AND IN-APP MESSAGING ENABLED ON YOUR MOBILE PHONE. TO PARTICIPATE, CREATE AN ADIDAS ACCOUNT OR CREATORS CLUB ACCOUNT DEPENDING ON WHETHER CREATORS CLUB IS AVAILABLE IN YOUR COUNTRY. ONCE YOU HAVE AN ACCOUNT, DURING THE SALE PERIOD, OPEN THE APP AND GO TO THE PRODUCT’S PAGE. THEN CLICK THE “PARTICIPATE” BUTTON. WHEN PROMPTED, ENTER YOUR SHOE SIZE, SHIPPING ADDRESS, AND PAYMENT DETAILS, AND CONFIRM YOUR PARTICIPATION.
4.4 Participation Rules
THERE IS A LIMIT OF ONE HYPE PRODUCT PER PERSON DURING THE SALE PERIOD. ALL ENTRIES MUST BE SUBMITTED AND RECEIVED BEFORE THE CONCLUSION OF THE SALES PERIOD. NORMAL TIME RATES AND DATA CHARGES, IF ANY, CHARGED BY YOUR INTERNET OR MOBILE SERVICE PROVIDER WILL APPLY. ALL ENTRIES ARE SUBJECT TO VERIFICATION AT ANY TIME. PROOF OF SUBMISSION DOES NOT CONSTITUTE PROOF OF ENTRY.
4.5 SELECTION OF PURCHASERS
AFTER THE END OF THE SALES PERIOD, PARTICIPANTS WILL BE SELECTED AT RANDOM TO PURCHASE THE HYPE PRODUCT (“PURCHASER”), WITH - IF CREATORS CLUB IS AVAILABLE IN YOUR COUNTRY - SOME ADVANTAGE GIVEN TO HIGHER TIER CREATOR CLUB MEMBERS. BEING A CREATOR CLUB MEMBER, EVEN IN THE HIGHER TIERS, DOES NOT GUARANTEE THAT YOU WILL BE SELECTED TO BE A PURCHASER.
4.6 Product Purchase and Delivery
IF YOU ARE SELECTED AS A PURCHASER, WE WILL NOTIFY YOU BY E-MAIL (SENT TO THE E-MAIL ADDRESS PROVIDED WHEN ENTERING), AND AUTOMATICALLY CHARGE THE PURCHASE PRICE OF THE HYPE PRODUCT, PLUS ANY APPLICABLE TAXES, AND SHIPPING AND HANDLING, TO THE PAYMENT METHOD YOU PROVIDED TO PARTICIPATE IN THE HYPE ECOM SALE. WE WILL SHIP THE HYPE PRODUCT TO THE SHIPPING ADDRESS YOU PROVIDED TO PARTICIPATE IN THE HYPE ECOM SALE. ADIDAS’ STANDARD PAYMENT AND SHIPPING TERMS DETAILED IN THESE TERMS AND CONDITIONS AND THE HELP SECTION APPLY.
4.7 Product Availability
WE ARE OFFERING A LIMITED NUMBER OF HYPE PRODUCTS FOR PURCHASE THROUGH THE HYPE ECOM SALE. THIS OFFER IS GOOD WHILE SUPPLIES LAST AND IS LIMITED TO ONE HYPE PRODUCT PER PARTICIPANT AND ACCOUNT DURING THE HYPE ECOM SALE. PURCHASERS MAY RETURN HYPE PRODUCTS, SUBJECT TO SECTIONS 2.13-2.15 ABOVE.
4.8 General Rules
ADIDAS RESERVES THE RIGHT TO MODIFY THESE HYPE TERMS, AND TO CANCEL, MODIFY, OR SUSPEND THE HYPE ECOM SALE AT ANY TIME. ADIDAS HAS THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY OR PROHIBIT FROM PARTICIPATING IN THE HYPE ECOM SALE ANY INDIVIDUAL WHO ADIDAS BELIEVES (I) HAS TAMPERED WITH THE ENTRY PROCESS OR UNDERMINED THE LEGITIMATE OPERATION OF THE HYPE ECOM SALE IN ANY MANNER; (II) HAS ENGAGED IN CONDUCT THAT ANNOYS, ABUSES, THREATENS, OR HARASSES ANY OTHER PARTICIPANT OR ANY REPRESENTATIVE OF ADIDAS; OR (III) HAS ATTEMPTED OR INTENDS TO ATTEMPT ANY OF THE FOREGOING. THE USE OF AGENTS OR AUTOMATED DEVICES, PROGRAMS, OR METHODS TO SUBMIT ENTRIES IS PROHIBITED, AND ADIDAS HAS THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY PARTICIPANT THAT IT BELIEVES MAY HAVE BEEN SUBMITTED AN ENTRY USING SUCH AN AGENT OR AUTOMATED DEVICE, PROGRAM, OR METHOD.
4.9 Hype Retail Release
You must sign up to join a launch event, which will give you a chance to win a reservation for a particular style of Hype Product. Signing up to join a launch event is not a guarantee of a reservation. During the process of signing up for a launch event you will select your preferred size and store. In order to receive notice of exclusive releases in your area, push notifications must be enabled within the App. Location services must be enabled on your device. Reservations are granted based on a random selection and are non-transferable. To reserve a Hype Product you must be within a pre-determined zone around eligible store locations as determined within the App. If you are selected to make a reservation, you will be provided a pick-up location and several timeslots. If you do not choose a timeslot, one will be allocated to you. At the designated time, you are required to bring your device with the App installed and containing a valid voucher (QR code) confirming your reservation to your pick-up location. In order to complete a purchase of the Hype Product, you must bring photo ID, an acceptable method of payment, and provide the confirmation voucher to a store employee. If you do not or are unable to pick up the Hype Product at the time, date and location indicated, it will not be held for you. Receiving a reservation is not a guarantee that you will be able the purchase the Hype Product. One (pair of the) Hype Product can be picked up per person regardless of the number of reservations. Additional terms may apply to particular launch events and reservations for particular styles of the Hype Product. Any such additional terms will be disclosed at the time you seek to join such a launch event or make such a reservation. If you buy the reserved Hype Product, you pay for it in store and are concluding a purchase agreement with the adidas retailer of your choice locally. This means that you can only return the Hype Product to the same store you bought it from, subject to the return policy of that store. Therefore sections 2.13, 2.14 and 2.15 above do not apply.
5.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Platform or the adidas Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Servicevia the means provided in theHelpsection of the Platform.
Alternatively, you may also write to us using the following address:
skr. poczt. Nr 10, ul. Targowa 73
In case of contradiction between adidas Terms and Conditions and any content contained in other parts of the Platform or in links, adidas Terms and Conditions contained in this document prevail.
5.3 AMENDMENTS TO THEADIDASTERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Platform as well as any purchase agreement executed between you and us, will be subject to the version of the adidas Terms and Conditions in force at the time you place the order through this Platform or the day you browse this Platform (as applicable).
Please check the adidas Terms and Conditions periodically for changes.
5.4 DATA PROTECTION
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the adidas Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these adidas Terms and Conditions.
5.6 SUB-CONTRACTING AND ASSIGNMENT
adidas reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under adidas terms and conditions provided that your rights under adidas terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the adidas terms and conditions without our consent in writing.
5.7 EVENTS BEYOND REASONABLE CONTROL
adidas will be not held responsible for any delay or failure to perform or comply with our obligations under the adidas terms and conditions when the delay or failure arises from any cause which is beyond adidas’ reasonable control.
5.8 APPLICABLE LAW AND JURISDICTION
The adidas Terms and Conditions shall be governed by the laws of The Netherlands. Dutch law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence.
You may bring any dispute which may arise under these Terms and Conditions to – at your discretion - either the competent court of Amsterdam, the Netherlands, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. adidas shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Amsterdam, the Netherlands.
5.9 INFORMATION REGARDING BATTERIES
Some of the Products sold by adidas contain batteries.
Batteries and rechargeable batteries that contain hazardous substances are clearly identified bearing the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.
Old batteries and rechargeable batteries must not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop. You may also return purchased batteries and rechargeable batteries (without devices) to our offices in person. Please do not send in any batteries by post.
APPENDIX 1 to these Terms and Conditions
Sample withdrawal form
c/o adidas Customer Service,
skr. poczt. Nr 10, ul. Targowa 73
I/We* hereby give notice that I/We*withdraw from my/our* contract of sale of the following goods:
Ordered on*/received on*:
Name of consumer(s) and order number:
Address of consumer(s):
Date/Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
Credit / Debit Cards, Bank Transfers, Payment in installments X2 and more depending on the purchase amount.