Terms & Conditions
-
GENERAL
1. IDENTITY OF ASICS
In these General Terms and Conditions as well as on the website, the name "ASICS" refers to ASICS Europe B.V., a company 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-DE@asics.com. ASICS is registered in the Dutch 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 purchase contracts between ASICS and the customer, which are concluded via the website operated by ASICS. The customer is asked to read these General Terms and Conditions carefully before the customer places his/her order.
3. PRODUCTS
3.1 The Products presented by ASICS on the website do not constitute a binding offer to conclude a purchase contract, but merely a non-binding online catalog.
3.2 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.
4. ORDER PROCEDURE
4.1 After the customer has selected the Product and placed it in the shopping cart, he/she will get an overview of the Products in the cart by clicking on the shopping cart icon in the upper right corner of the website.
4.2 By clicking the "Proceed To Checkout" button, the customer is taken to a new website where he/she enters his/her shipping address and sees an overview of his/her order. Alternatively, the customer can click the "PayPal" button to go directly to the PayPal Express checkout page. By clicking on the "Save & Continue" button, the customer will be shown the shipping method. When the customer confirms the shipping method and clicks the "Save & Continue" button again, he/she can choose the payment method and select the billing address.
4.3 Payment for the Products can take place by either of the following means:
a) Credit card / prepaid card (MasterCard, Visa, Amex, Maestro): The customer must provide his/her payment information, which may vary depending on whether the customer selects credit card or prepaid card. The payment is authorized online so that the customer knows directly whether the payment has been successful or not; however, the customer's account will not be debited until the customer receives the shipping confirmation email or,
b) PayPal: Through PayPal, the customer can transfer the purchase price directly from his/her bank account, credit card or PayPal account to ASICS.;
c) Pay over time with Klarna: Through Pay over time with Klarna, the customer can pay the amount in instalments (interest-free). Once the order is placed, the customer will receive an order confirmation email from ASICS and a separate email with a payment schedule from Klarna.
d) Pay later with Klarna (invoice): Through Klarna Pay later, the customer has 30 days to complete payment. Once the order is placed, the customer will receive an order confirmation email from ASICS and a separate email with payment instructions from Klarna. The customer can pay with direct debit in the Klarna App or via Bank transfer.
e) Pay now with Klarna: The customer can pay immediately via online bank transfer. When selecting this payment method, the customer must fill in the required payment details in order to complete the order process.
4.4 By clicking on the button "Check Order", the customer is taken to an overview page where he/she can check his/her selection and the total price as well as any errors in his/her entries. Before the customer places his/her order by clicking the button "Order with obligation to pay", the customer is informed about the applicability of these General Terms and Conditions, ASICS' Privacy Policy and the withdrawal instruction.
4.5 The placed order constitutes a binding offer by the customer to purchase the selected Product(s) in accordance with these General Terms and Conditions at the price indicated on the Website.
5. CONCLUSION OF CONTRACT
5.1 After ASICS receives the placed order of the customer, ASICS will immediately send an email to the customer via the email address that the customer provided, which acknowledges acceptance of the order, setting out details of the ordered Product(s) and including the withdrawal instruction as well as these General Terms and Conditions (“Order Confirmation Email”).
5.2 As soon as the ordered Product(s) are shipped, ASICS will send the customer an email confirming shipment of the ordered Product(s).
5.3 ASICS will not file an accessible copy of the contract, so the customer is encouraged to download, save and/or print a copy of the contractual terms, which have been transmitted to the customer in the Order Confirmation Email, these General Terms and Conditions and the withdrawal instruction for his/her 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, which will also be set out in the Receipt Confirmation Email and in the Shipment 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 beginning of the order procedure, and can vary per day and per order.
7. FORCE MAJEURE
Unforeseeable and unavoidable events of force majeure, such as war, natural disasters or labour disputes, which are beyond ASICS' control and for which ASICS is not responsible, shall release ASICS from the obligation to deliver on time for the duration of the event. Delivery periods or dates will be extended or postponed by the duration of the disruption; the customer will be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than two months, each party is entitled to rescind the contract.
8. DELIVERY TERRITORY
Products will only be delivered by ASICS within Germany. Nevertheless, customers from other EU Member States, Switzerland and the United Kingdom are entitled to order Products for delivery within Germany.
9. RETENTION OF TITLE
The delivered product shall remain our property until we have received complete payment of the purchase price for the Product.
10. TERM OF DELIVERY
10.1 The delivery times are displayed on the product page of each product offered in the webshop.
10.2 ASICS shall ensure transport of the Product(s) to the address as included in the Order Confirmation Email. The delivery address included in the Order Confirmation Email is the delivery address selected by the customer during the order process.
11. RETURN POLICY AND RIGHT OF WITHDRAWAL
11.1 The customer is entitled to withdraw from this contract without giving any reason.
11.2 The withdrawal period is 30 days and starts on either one of the following dates:
a) the date on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the Products;
b) in the case of a contract relating to multiple Products ordered by the customer in one uniform order and delivered separately: the date on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last Product;
c) in the case of a contract relating to delivery of a Product consisting of multiple partial shipments or pieces: the date on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last partial shipment or piece; or,
d) in the case of a contract for regular delivery of Products during a defined period of time: the date on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the first Product.
11.3 To exercise the right of withdrawal, the customer must inform ASICS Europe B.V. by an unequivocal declaration of his/her decision to withdraw from the contract. This can be done by a letter sent by mail to ASICS Europe B.V. c/o ASICS Consumer Experience ASICS Iberia S.L. Carrer del Doctor Ferran, 25 - 08034, Barcelona, Spain, contacting our Consumer Experience under the telephone number +4921317518822, or by sending an email to verbraucher-DE@asics.com. A model withdrawal form can be found here. The model withdrawal form can be used for the notification of the withdrawal but is not obligatory. There is also the option to send ASICS the completed model withdrawal form by proceeding as follows: Visiting the “Help” section on our website located on the top menu, then scrolling down to the Contact Us section and clicking on “Send ASICS an email”. In the field “Message” the customer can copy the completed model withdrawal form and send it to ASICS.
11.4 To meet the withdrawal deadline, it is sufficient for the customer to send his/her communication concerning his/her exercise of the right of withdrawal or contact our Customer Experience before the withdrawal period has expired.
11.5 ASICS will bear the cost of returning the Products, if the customer uses the return service and procedure as set out in Section 11.6 respectively in the Return Policy. Otherwise, the customer will have to bear the direct cost of returning the Products (see Section 11.7).
11.6 The customer can make use of the free return option by doing the following:
a) Creating and printing the prepaid return label by clicking one of the buttons below:
b) Packing the Product to be returned together with the intact tags in the original packaging/box in such manner that it is not damaged during transport.
c) Sealing the package well and sticking the prepaid return label (with barcode) on the outside.
d) Taking the return package to the nearest UPS drop-off point. Alternatively, the customer can also schedule a collection via the following link or via the telephone number +49 (0)69 66 40 50 60.
11.7 The customer can also return the Products via other logistics service providers. In this case, however, the customer must bear the cost of the return. In this case, the customer may proceed as follows:
a) Packing the product to be returned so that it is not damaged during transport. For example, the customer can use the packaging that was used to send the Product.
b) Sealing the package well and address it to:
ASICS European Distribution Centre
Hans-Günther-Sohl Straße 6
47807 Krefeld, Germany
c) Handing it over to a transport service provider of the customer’s choice for shipping. ASICS recommend that the customer keeps the proof of delivery safely.
Please try to use the original packaging when returning the Products. Please try to keep the tags intact and to return them with the Products.
11.8 The customer shall only be liable for a loss in value of the Products, if the loss in value is due to handling of the Products that is not necessary for checking the condition, characteristics and functioning of the Products. This could e.g. be the case, if the Product is soiled, damaged, has been washed or has been altered.
11.9 The customer shall send back the Products without undue delay and in any event at the latest within 14 days from the day on which the customer communicates the withdrawal from this contract to ASICS. The deadline is met, if the customer dispatches the Products before the period of 14 days has expired.
11.10 If the customer withdraws from the contract, ASICS shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by ASICS), without undue delay, and in any event not later than 14 days after the day ASICS has been informed about the customer's decision to withdraw from this contract. ASICS will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless ASICS has expressly agreed otherwise with the customer; in any event, the customer will not incur any fees as a result of such reimbursement.
11.11 ASICS may withhold reimbursement as long as ASICS has received the Products back or the customer has supplied evidence of having sent back the Products, whichever is the earliest.
11.12 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.
12. CONTRACT CONFORMITY
12.1 ASICS shall deliver the Products to the customer which shall be in conformity with the contract of sale for the relevant Products.
12.2 In case there is lack of conformity with the subjective requirements, objective requirements or assembly requirements, which exists at the time the Products were delivered, the customer has statutory warranty rights against ASICS.
12.3 ASICS shall only be liable where the lack of conformity has already been existent upon delivery of the Product and becomes apparent within two (2) years as from delivery of the Product.
12.4 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.
13. PERSONAL DATA
ASICS’ Privacy Policy is applicable. The Privacy Policy is linked on the website.
14. APPLICABLE LAW AND MISCELLANEOUS
14.1 The legal relationships between ASICS and the customer are governed by the laws of the Federal Republic of Germany to the exclusion of the conflict of laws.
14.2 The contract (to which these General Terms and Conditions are applicable) can be entered into in the following languages: English or German.
14.3 ASICS is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
15. COMPLAINTS
If the customer wishes to communicate a complaint or would like to contact ASICS for other reasons, please contact us by calling +4921317518822 (this is a phone line with usual phone rates), or by sending a message to ASICS. To send ASICS a message, please visit the “Help” section on ASICS’ website located on the top menu, then scroll down to the Contact Us section and click on “Send ASICS an email”. The “Help” tab located in the top banner of ASICS website opens and then see the “Contact Us” area. ASICS will be happy to assist. Our normal business hours are 9:00 am to 1:00 pm and 2:00 pm to 4:00 pm, Monday to Friday.
16. PRE-ORDER PROCESS
Provided that this service is available, the following terms and conditions will apply.
16.1. Pre-order is the process by which you can 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.
16.2. 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.
16.3. 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.
16.4. 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.
16.5. 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.
17. BACK-ORDER PROCESS
Provided that this service is available, the following terms and conditions will apply.
17.1. By placing a back-order, you are expressing your intent to purchase 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.
17.2. 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.
17.3. 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.
17.4. 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 apply.
17.5. Conformity
Our standard Conformity policy, as stated in our General Terms & Conditions, applies 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.