Terms & Conditions
1. IDENTITY OF ASICS
1.1. In these general terms and conditions as well as on the website, "ASICS" or "we" 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: firstname.lastname@example.org. ASICS is registered in the Trade Register under number 34092761, and VAT number NL-8033.24.273.B.01.
2.1. These general terms and conditions apply to any and all offers of ASICS for products to be sold by the use of the website ("Website"). By placing an order with ASICS, you are agreeing and accepting these general terms and conditions.
2.2. Please note, these general terms and conditions can change at any time, and it is up to you to check these terms and conditions before ordering products in case there are any changes.
3.1. The customer can place orders via the website for the products that are shown on the website at the prices indicated.
3.2. 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.
3.3. 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 that is located in the Territory 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 "Add to Basket" button and proceeding to the checkout page. A telephone order is placed via the customer contact center.
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 shipment (shipment confirmation email) that all or part of the product(s) is/are still available and has/have been dispatched.
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.
6.1. 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.
7.1. If in the presentation of the product, the description of the specifications thereof, or the listing of the price ASICS makes a mistake, and
i) it should have been clear to the customer that such constituted a spelling or typesetting error, or
ii) if 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. ASICS will inform the customer immediately and reimburse any payments made.
7.2. In the event that such mistake as referenced 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.
9.1. Products will only be delivered by ASICS to customers in Germany .
10.1. Payment for the products order 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 you can directly transfer the purchase price to ASICS from the bank account, credit card or PayPal account.
11. RETENTION OF TITLE
11.1.The delivered product shall remain our property until we have received complete payment of the product..
12. TERM OF DELIVERY
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. Asics shall ensure transport of the product to the address as included in the order confirmation.
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.
13.2. The customer has the right to withdraw from or cancel the contract within 30 days without giving any reason in accordance with Clause 13.4 below.
13.3. The right of withdrawal and cancellation only apply with regard to products that were purchased via the website or placed via a telephone order or any contracts entered into between ASICS and customer.
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 for acceptance of the delivery 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 for acceptance of the delivery 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 for acceptance of the delivery 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 for acceptance of the delivery 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 sending an email to email@example.com or contacting our Customer Care, free of charge, by calling +4921317518822. A model withdrawal form can be found here .
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 his 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.
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 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 receives the product and confirms that there is a lack of conformity ASICS will process the refund. The customer will receive an email notification when ASICS has finished processing the return.
14.4. 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.
14.5. ASICS shall only be liable where the lack of conformity becomes apparent within two (2) years as from delivery of the Products.
14.6. 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.
14.7. As regards all contractual and non-contractual claims, including claims for non-conformity, ASICS shall be liable without limitation for (i) damages due to intent or gross negligence on the side of ASICS, its legal representatives or leading members of staff or other vicarious agents, (ii) damages resulting from injuries to life, body or health due to intent or gross negligence on the side of ASICS; its legal representatives or leading members of staff or other vicarious agents; (iii) damages due to the lack of guaranteed quality characteristics and (iv) claims based on the Product Liability Act. ASICS is liable for damages resulting from the violation of essential contractual obligations by ASICS; its legal representatives, leading members of staff or other vicarious agents; essential contractual obligations are obligations which form the basis of the contract and which have been of decisive importance for the conclusion and the implementation of the contract. If the violation results from simple negligence, ASICS’ liability shall be limited to the amount which was foreseeable by ASICS at the time of the respective performance of the obligation. ASICS shall not be liable for the violation of contractual obligations caused by simple negligence which are not essential contractual obligations.
15. PERSONAL DATA
16. APPLICABLE LAW
16.1. All legal relationships between ASICS and the customer are governed by the laws of the Federal Republic of Germany.
16.2. The contract (to which these general terms are applicable) can be entered into in the following languages: English, German.
17.1. If ASICS made any error with respect to the order, if the customer has complaints, or if the customer would like to contact ASICS for other reasons, please contact ASICS immediately at +4921317518822 or firstname.lastname@example.org and we will be happy to assist you. Our normal business hours are 8:00 to 18:00, Monday until through Friday. ASICS is registered in the Trade Register under number 34092761, and VAT number NL-8033.24.273.B.01.
17.2. European legislation requires all web shops to include the following link to the European Commission's Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/. Asics is not a member of any alternative dispute resolution body and does not necessarily agree to use any such body. We prefer to resolve any problems with our customers directly through our customer service centre email@example.com.