Terms & Conditions
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GENERAL
1. IDENTITY OF ASICS
In these general terms and conditions as well as on the website, "ASICS" refers to ASICS Europe B.V. incorporated and registered in the Netherlands, having its corporate seat in Amsterdam (the Netherlands). The registered office of ASICS is located at Taurusavenue 165, (2132 LS) Hoofddorp (the Netherlands), email address: verbraucher-AT@asics.com. ASICS is registered in the Trade Register under number 34092761, and VAT number NL-8033.24.273.B.01.
2. APPLICABILITY
These general terms and conditions apply to any and all offers of ASICS for products to be sold by the use of the website, as well as to any and all contracts between ASICS and the customer in which ASICS agrees to sell and deliver goods or services to the customer.
3. PRODUCTS
The customer can place orders via the website for the products that are shown on the website at the prices indicated.
The products will have the specifications as indicated in the product description of the website. The scope of the applicable after sales customer assistance and commercial guarantees are described on the website and in the order confirmation.
The customer has a legal guarantee of conformity for the products. If the products do not conform, the customer is entitled by law to remedies for such non-conformity.
4. ORDER PROCEDURE
4.1. A customer may place an order on the condition that the customer:
a) provides its correct name and address, phone number, email address, payment details and other required information;
b) provides a delivery address or choses an available store location for Order pickup that is located in the Territory[RH1] as defined below; and
c) is the owner or authorized holder of a valid debit/credit card to buy the products if paying with a debit/credit card.
4.2. An online order is placed by clicking on the "PAY NOW" button and proceeding to the checkout page.
4.3. The customer will be provided with an opportunity to review his order(s), read and accept the general terms and conditions, check the total price of his order(s) and the information he has provided and correct any input errors before confirming his order(s).
4.4. An order of the customer that is placed and confirmed does not bind ASICS, but constitutes an offer of the customer to purchase the relevant products in consideration for payment of the applicable prices. All orders must then be formally accepted by ASICS who may choose not to accept abnormal orders and orders which they suspect are not placed in good faith.
4.5. Once ASICS receives the confirmed order of the customer, ASICS will send an email to the customer via the email address that customer provided, which acknowledges receipt of the order(s) and setting out details of the ordered product(s). The email will be sent by ASICS as soon as reasonably practical. This email does not constitute an acceptance of the customer's order(s) – only a confirmation that ASICS has received it.
5. CONCLUSION OF CONTRACT
5.1. After receiving the customer's order(s), ASICS will check whether the relevant product(s) is (are) in stock. The contract between the customer and ASICS will only be concluded after ASICS sends the customer an email confirming the contract and confirming either shipment (shipment confirmation email) that all or part of the product(s) is/are still available and has/have been dispatched or that the order(s) is/are ready for pickup in the selected store location.
5.2. ASICS will not file an accessible copy of this contract, so customer is encouraged to download, save and/or print a copy of the order confirmation and these general terms for his records.
6. PRICES
6.1. The price that is payable for a product will be the price in effect at the time the order is placed and will be set out in the acknowledgement email and in the order confirmation email.
6.2. All prices are including Value Added Tax.
6.3. All prices listed on the website are excluding the costs for delivery, which will be listed separately during the finalization of the order procedure, and can vary per day and per order.
7. INACCURACIES
7.1. In case in the presentation of the product, the description of the specifications thereof, or the listing of the price ASICS made a mistake, and i) it should have been clear for the customer that such constituted a spelling or typesetting error, or ii) in case the customer in the given circumstances within reason could not expect that Asics would deliver, or would be able to deliver that product with those specifications for that price, then a valid contract will not be entered into.
7.2. In case of such mistake as reference in clause 7.1, the offer of ASICS is not valid and a contract will not be entered into between customer and ASICS. In such case, ASICS will not be held to deliver any product that is ordered by customer, nor to reimburse customer for damages suffered.
8. OPTION IN CASE OF DELIVERY PROBLEMS
8.1. In case ASICS discovers after conclusion of the contract that ASICS can no longer deliver the ordered products (i.e. package is lost during shipment) and is not responsible for this situation, ASICS will be entitled to terminate the contract. ASICS will, of course, inform the customer immediately and reimburse any payments made.
9. TERRITORY
9.1. Products will only be delivered by ASICS to customers in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Ireland, the Netherlands, Poland, Portugal, Spain, Sweden and United Kingdom.
10. PAYMENT
10.1 Payment for the products can take place by either of the following means:
a) Credit card (MasterCard or Visa): During the order procedure the customer should fill out his credit card number and expiry date. Customer shall ensure that the exact name is filled out as is stated on the credit card. The payment will be authorised online, so the customer will know directly whether or not the payment has been successful; or,
b) PayPal: With PayPal the customer can directly transfer the purchase price to ASICS from the bank account, credit card or PayPal account.
c) iDEAL: With iDEAL the customer can directly transfer the purchase price to ASICS from the bank account, within the trusted internet payment environment offered by customer’s bank.
11. RETENTION OF TITLE
11.1. The delivered products will remain the property of ASICS until the customer has paid all amounts owing under any agreement to ASICS in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. The customer may not sell, dispose of or encumber products before ownership thereof has passed to the customer.
12. TERM OF DELIVER
12.1. ASICS shall deliver any product ordered within 30 (thirty) days after the order confirmation was sent by ASICS to the customer.
12.2. The delivery term constitutes an indication and is not a binding term.
12.3. ASICS shall ensure transport of the product to the address as included in the order confirmation.
12.4. For “Order pickup” option the following will apply:
The customer will receive an email notification once the order is available for pick up in the selected store location;
The order will be held in the selected store for 14 days.
If the order is not picked up within 14 calendar days, ASICS will cancel the order and issue a refund using the customer’s original form of payment.
The customer is required to bring a government-issued photo ID and the order confirmation number/email to pick up the order.
13. RETURN POLICY AND RIGHT OF WITHDRAWAL
13.1. The customer is entitled to cancel or to terminate the contract within 30 working days of receipt of the relevant item on the delivery address/pick up at the selected store location.
13.2. The customer has the right to withdraw from or cancel the contract within 30 days without giving any reason.
13.3. The right of withdrawal and cancellation only apply with regard to products that were purchased via the website.
13.4. The withdrawal and cancellation period will expire after 30 days from the day, on either of the following four dates:
a) on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the goods;
b) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the last good;
c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the last lot or piece; or,
d) in the case of a contract for regular delivery of goods during a defined period of time on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the first good.
13.5. To exercise the right of withdrawal or cancellation, customer must inform ASICS Europe B.V. by an unequivocal withdrawal statement. This can be done by contacting our Customer Care, free of charge, by calling +43720880162, or by sending an email to verbraucher-AT@asics.com. A model withdrawal form can be found here (insert hyperlink to model withdrawal form [Annex A]). The model withdrawal form serves as a template and is not obligatory.
13.6. To meet the withdrawal or cancellation deadline, it is sufficient for the customer to send his communication concerning his exercise of the right of withdrawal or cancellation or contact our Customer Care before the withdrawal period has expired.
13.7. If the customer withdraws from or cancels the contract, ASICS shall reimburse to customer all payments received from customer, including the costs of delivery (with the exception of the supplementary costs resulting from its choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay, and in any event not later than 14 days after ASICS has been informed about customer's decision to withdraw from or cancel this contract, or after ASICS has received the returned product from the customer, if this is at a later time. ASICS will carry out such reimbursement using the same means of payment as customer used for the initial transaction, unless customer has expressly agreed otherwise; in any event, customer will not incur any fees as a result of such reimbursement.
13.8. ASICS may withhold reimbursement until ASICS has received the goods back or customer has supplied evidence of having sent back the goods, whichever is the earliest. Customer will receive an email notification when ASICS has finished processing customer's return.
13.9. Customer shall send back the goods in conformity with the return procedure as stipulated in the return form, which was included with its order, without undue delay from the day on which customer communicates its withdrawal from or cancelation of this contract to ASICS. The deadline is met if customer sends back the goods before the period of 14 days has expired. ASICS does not assume responsibility for lost shipments.
13.10. ASICS will bear the cost of returning the goods if customer uses the return service and procedure as set out in the return form. Otherwise, the customer will have to bear the direct cost of returning the goods.
13.11. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
13.12. In order to ensure that the value of the products is not diminished ASICS urges the customer:
a) Not to damage the product;
b) Not to remove tags attached to the product;
c) Not to wear, wash, and/or alter the product.
13.13. There exists no right to withdraw with regard to: a) the supply of products made to the consumer’s specifications or clearly personalised and/or (b) the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
CONFORMITY
14.1. ASICS shall deliver the products to the customer which products shall be in conformity with the contract of sale for the relevant Products ("Agreement")
14.2. In case there is lack of conformity which exists at the time the Products were delivered, ASICS shall be liable to the customer, subject however to meeting the requirements for such under the applicable law.
14.3. In the case of a lack of conformity, the customer shall be entitled to require an appropriate reduction of the price or have the Agreement rescinded.
14.4. In case of rescission of the Agreement, ASICS may ask the customer to return the products before ASICS can process the refund. For information on how to return the product to ASICS please refer to the return form provided when the product was delivered. Once ASICS receive the product and confirm that there is lack of conformity then ASICS will process the refund. The customer will receive an email notification when ASICS has finished processing the return.
14.5. ASICS shall reimburse to the customer all payments received from the customer, including the cost of the product and delivery charges and the shipping costs for returning the product, without undue delay. ASICS will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.
14.6. ASICS shall only be liable where the lack of conformity becomes apparent within two (2) years as from delivery of the Products.
14.7. The customer must inform ASICS of the lack of conformity within a period of two (2) months from the date on which the customer detected such lack of conformity.
14.8. ASICS cannot be held liable or responsible for damage that occurs due to the fact that the product is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the product is used for another purpose than for which it was sold.
14.9. ASICS will not be liable for damage that results from the lack of conformity, to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss or business opportunities.
14.10. However, in deviation of the above, ASICS does not exclude or limit our legal liability hereunder in the event of the death or personal injury to you resulting from an act or omission of ASICS.
14.11. ASICS would like to remind you that you have legal rights under applicable national legislation governing the sale of the consumer goods and those rights are not affected by the terms and conditions of this certificate of conformity.
15. PERSONAL DATA
16. APPLICABLE LAW
16.1. All legal relationships between ASICS and the customer are governed by the laws of the Netherlands.
16.2. The contract (to which these general terms are applicable) can be entered into in the following languages: English or Dutch.
17. COMPLAINTS
17.1. If ASICS made any error concerning the order, if the customer has complaints, or if the customer would like to contact ASICS for other reasons, please contact ASICS immediately at +43720880162 or verbraucher-AT@asics.com and we will be happy to assist you. Our normal business hours are 9:00 am to 6:00 pm, Monday through Friday.
18. PRE-ORDER PROCESS
Provided that this service is available, the following terms and conditions will apply.
18.1. Pre-order is the process by which you are able to order a Product in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products:
a) Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the Product description page on the Website.
b) By placing a pre-order, you are making an offer to purchase the Product. The acceptance of your offer is subject to Product availability.
c) We reserve the right to refuse or cancel any pre-orders for any reason at our sole discretion. In such cases, we will refund any payments received for the pre-order.
18.2. Pricing and Payment
The price for the pre-ordered Product is as stated on the Website at the time of placing the pre-order. Payment for pre-orders is processed at the time of shipping your order.
You agree to the price of the Product at the time you place your pre-order. As such, any subsequent changes to the price of the Product after placing your pre-order shall be disregarded.
18.3. Delivery
Pre-ordered Products are targeted to be delivered before the retail launch date. Standard delivery timelines will apply from the moment the pre-ordered Product is available in our warehouse. This information is a best estimate only, timelines are not binding.
Product launch date. The scheduled retail launch date (Product launch) for your pre-ordered Product can be found in the Product description page on the Website. The estimated delivery timeframe for pre-ordered Products is provided on the Website. However, this is an estimate and is subject to change.
We are not liable for any delays or failure to deliver within the estimated timeframe. You will be notified once the Product is ready for dispatch, and it will be shipped to the address provided during the pre-order process.
18.4. Changes and Cancellations
You may cancel your pre-order at any time before the last three (3) days before the date of your estimated delivery date. If the price has been charged at the time you cancel your order, you receive a full refund. The full refund will be processed within 14 days after ASICS has been informed about your decision to cancel the contract.
Once your Product is received, our general return policy and right of withdrawal applies.
18.5. Conformity
Our standard Conformity policy, as stated in General Terms & Conditions, apply to pre-orders.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically for changes.
By placing a pre-order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
19. BACK-ORDER PROCESS
Provided that this service is available, the following terms and conditions will apply.
19.1. By placing a back-order, you are expressing your intent in purchasing a Product that is currently out of stock. Acceptance of your back-order is subject to Product availability.
We reserve the right to refuse or cancel any back-orders for any reason at our sole discretion. In such cases, we will refund any payments received for the back -order.
19.2. Pricing and Payment
The price for the back-ordered Product is as stated on the Website at the time of placing the back- order. Payment for back-orders is processed at the time of shipping your order.
You agree to the price of the Product at the time you place your back-order. As such, any subsequent changes to the price of the Product after placing your back-order shall be disregarded.
19.3. Availability and Delivery
The estimated availability timeframe for back-ordered Products is provided on the Website. However, this is an estimate and is subject to change. We are not liable for any delays or failure to deliver within the estimated timeframe.
You will be notified once the back-ordered Product is ready for dispatch, and it will be shipped to the address provided during the back-order process.
19.4. Changes and Cancellations
You may cancel your back-order at any time before the last three (3) days before the date of your estimated delivery date. If the price has been charged at the time you cancel your order, you receive a full refund. The full refund will be processed within 14 days after ASICS has been informed about your decision to cancel the contract.
We may make changes to the Product, including specifications and features, before it is dispatched. If such changes are significant, we will notify you and give you the option to cancel your back-order and receive a full refund.
Once your Product is received, our general return policy and right of withdrawal applies.
19.5. Conformity
Our standard Conformity policy, as stated in our General Terms & Conditions, apply to back-orders.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically for changes.
By placing a back-order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.