These Terms and Conditions consist of the following sections: 1.
Introduction; 2. The Purchase Terms including adidas Hype Terms &
Conditions; 3. Use of the Platform; 4 and 4. 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.co.uk, 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 (UK)
Limited under company number 1075951, with its registered office at Pepper
Road, Hazel Grove Stockport, Cheshire, SK7 5SA United Kingdom and with VAT
number GB 46.81.71.526, 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; among them adidas (UK) Limited (hereinafter referred to as "adidas/we/us").
Please read these Purchase Terms carefully before
ordering Products online from the Platform.
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.
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.
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:
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:
iii.
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 retailer of your
choice locally. This means that you can only return the Product(s) 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 below do not apply because they apply only to the
return of Products purchased through the Platform.
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.
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.
Notwithstanding your right of withdrawal, it is
possible, under limited circumstances, to cancel your order for Standard
Products. Please see Help section of the
Platform for more information.
The stated prices include VAT. Prices are quoted in
British Pound Sterling (GBP). 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 Help section of
the Platform. Any delivery costs will be charged separately, itemised and added
to the total amount of the order.
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 adidas Privacy 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.
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:
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:
We will deliver to the address indicated by you within
the UK mainland. 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, Germany and/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 the Delivery section 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 the Return 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 (UK) Limited, c/o adidas Customer Service, Withdrawal
Department, Hoogoorddreef 9A, 1101 BA Amsterdam, The Netherlands) 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
explicit withdrawal 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
the Return 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 on the 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 a contractual 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.
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 please contact
us via the means
provided in the Help section of
the Platform, or using the contact information provided below under
Miscellaneous, for
return instructions.
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.
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:
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 us via the means provided in the Help section of the Platform, or using the contact information
provided below under Miscellaneous.
These adidas hype Terms & Conditions (“Hype Terms”) set out the
specific terms that govern your participation in any adidas hype event (“Hype
Event”) that may be available in your country. These Hype Events provide an
opportunity for consumers to purchase a limited edition adidas product (“Hype
Product”) via (one or more channels of) the Platform or in an adidas store.
During the registration and/or participation for any Hype Event, we shall
communicate to you which type of Hype Event you are entering. The specific
terms that apply to the different types of Hype Events that may be available in
your country, are listed below from section 2.19.1 onwards. By registering
and/or participating for any Hype Event you agree to be bound to these Hype
Terms and the decisions of adidas. The Hype Terms apply in addition to the
other terms set out in these Terms & Conditions, insofar the Hype Terms do
not deviate from the other terms. We are
offering a limited number of Hype Products for purchase through a Hype Event.
This offer is good while supplies last and may be limited to one Hype Product
per participant and account during the Hype Event.
adidas reserves the right to modify these Hype Terms, and to cancel,
modify, or suspend the Hype Event at any time. adidas has the right, in its
sole discretion, to disqualify or prohibit from participating in the Hype Event
any individual who adidas believes (i) has tampered with the entry process or
undermined the legitimate operation of the Hype Event 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.
2.19.1 Hype eCom Draw Sale
Sale Period
The Hype eCom Draw Sale (“Draw Sale”) begins and ends on the period
described in the Platform (the “Sale Period”).
How to Participate
In order to participate through the App, you must have a device 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 device. 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, you must enter the requested information to
complete your participation.
Participation Rules
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 Creators Club member, even in the higher tiers, does not
guarantee that you will be selected to be a Purchaser.
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 Draw Sale.
We will ship the Hype Product to the shipping address you provided to
participate in the Draw Sale. adidas’ standard payment and shipping terms
detailed in these Terms and Conditions and the help section apply.
Returns
Purchasers may return Hype Products, subject to sections 2.13-2.15
above.
2.19.2 Hype eCom “First Come, First Served” Sale
Sale Period
The Hype eCom “First Come, First Served” Sale begins and ends on the
period described in the Platform (the “Sale Period”). The first come, first
served mechanism is used for e.g. the Ivy Park Hype Products.
How to Participate
In order to participate through the App, you must have a device 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 device. 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, you must enter the requested information to
complete your participation.
Participation Rules
All entries must be submitted and received before the conclusion of the
Sale 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.
Selection of Purchasers
After the end of the Sales Period, participants will be selected on a
first come first served basis, to purchase the Hype Product (“Purchaser”).
Product Purchase
You should complete the checkout of the Hype Products in your shopping
list as fast as you can after the Hype Products have been released for purchase,
to increase the chance of purchasing them. We do not guarantee you can purchase
any of the Hype Products that are in your shopping list either prior or after
release of the Hype Products. We will notify you of the exact time of release
through a timer on the Platform and by e-mail (sent to the e-mail address
provided when entering).
Returns
Purchasers may return Hype Products, subject to sections 2.13-2.15
above.
2.19.3 Hype eCom “Queue Light” Sale
Sale Period
The Hype eCom “Queue Light” Sale begins and ends on the period described
in the Platform (the “Sale Period”), and ends, at the latest when all Hype
Products are sold out.
How to Participate
In order to participate through the App, you must have a device 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 device. 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, you must enter the requested information to
complete your participation.
Participation Rules
All entries must be submitted and received before the conclusion of the
Sale 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.
Selection of Purchasers
During the Sales Period, participants will be selected on a first come
first served basis, for each available shoe size, to purchase the Hype Product
(“Purchaser”).
Product Purchase
Your registration in the Hype Event means you agree to purchase the item
if you win. We do not guarantee you can purchase any of the Hype Products
either prior or after release of the Hype Products.
Returns
Purchasers may return Hype Products, subject to sections 2.13-2.15
above.
2.19.4 Hype eCom “Queue Pro” Sale
Sale Period
The Hype eCom “Queue Pro” Sale begins and ends on the period described
in the Platform (the “Sale Period”).
How to Participate
In order to participate through the App, you must have a device 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 device. 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, you must enter the requested information to
complete your participation.
Participation Rules
All entries must be submitted and received before the conclusion of the
Sale 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.
Selection of Purchasers
During the Sales Period, participants will be selected at random to purchase
the Hype Product (“Purchaser), whereas certain criteria
related to the participants may be considered, for example App engagement,
participation in other Hype Events, or – if Creators Club is available in your
country – some advantages may be given to higher tier Creators Club members.
Being a Creators Club member, even in the higher tiers, does not guarantee that
you will be selected to be a Purchaser.
Product Purchase
Your registration in the Hype Event means you agree to purchase the item
if you win. We do not guarantee you can purchase any of the Hype Products
either prior or after release of the Hype Products.
Returns
Purchasers may return Hype Products, subject to sections 2.13-2.15
above.
2.19.5 Retail Exclusive Hype Release
How to Participate
When participating, please remember to follow all safety guidelines in
your area, including ones related to COVID-19.
In order to participate with the Retail Exclusive Hype Release, you must
sign up to join a launch event in the App, 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.
Selection of Purchasers
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.
Product Purchase
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.
Returns
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.
2.19.6 Hype eCom “Unbox” Sale
Sale Period
The Hype App “Unbox” Sale begins and ends on the period
described in the Platform and ends once the Products are sold out or at a time
communicated within the App, whichever comes first (the “Sale Period”).
How to Participate
When
participating, please remember to follow all safety guidelines in your area,
including ones related to COVID-19.
In order to participate through the
App, you must have a device 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 device and be located in a Drop Area. 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, you must enter the requested information to complete
your participation.
Participation Rules
The Hype Event is limited to specific
geographic areas in one or more cities, as further described in the App (each location,
a “Drop Area”). Participants must be physically within a Drop Area to
participate in the Hype Event. During the Sale Period, follow the instructions
in the App on how to participate. Normal time rates and data charges, if any,
charged by your internet or mobile service provider will apply. Participating
in this Hype Event does not guarantee that you will be able to purchase a Hype Product.
Once you start participating in the
Hype Event during the Sale Period, you will see a number of virtual shoe boxes
in a map of the Drop Area. Only one of these boxes will contain a virtual
version of the Product. To open a virtual shoe box, you must be within a
certain distance from that box, as described in the App.
Selection of Purchasers
During the Sales Period, participants
will be selected on a first come first served basis in relation to the Drop
Area, to purchase the Hype Product (“Purchaser”). Once you find and open the
box containing the virtual Product, you have a limited number of minutes to
purchase the Product.
Product Purchase
All purchases must be completed before
the conclusion of the Sales Period. We do not guarantee you can purchase any of
the Hype Products that are either prior or after release of the Hype Products.
Returns
Purchasers may return Hype Products,
subject to sections 2.13-2.15 of the adidas Terms and Conditions.
3.1 Introduction
These Terms of Use apply to your
access to and use of the Platform, including the software contained in the
Platform (“Software”).
Your access to and use of the Platform
and the information, materials, products, and services available through the
Platform are subject to these Terms of Use, regardless of whether you possess
an account through the Platform linked to your name and/or contact information
(“Account”).
Please read these Terms and of Use
carefully before using the Platform. If you choose to continue to use or access
the Platform after having the opportunity to read these Terms of Use, you
recognize that adidas has provided valuable consideration by offering the Platform
free of charge, and in exchange for that valuable consideration, you agree to
these Terms of Use.
If you do not agree to be bound by
these terms of use, do not access or use the Platform.
3.2 Privacy Policy
The Platform Privacy Policy describes how we collect information
about you through the Platform and how we use and disclose that
information.
3.3 Changes to these Terms of Use
We may make changes to these Terms of
Use at any time if we believe it is reasonably necessary to do so (including
for security, legal or regulatory reasons). We will give you as much advance
notice of this as is reasonably possible (and may do so by communicating the
changes to you either when you log in to the Platform or by sending you notice
using the contact information that you have provided to us and/or by any other
means we think is appropriate).
In some circumstances we may need you
to download the latest version of the Platform and/or accept a new version of
these Terms of Use before continuing to use the Platform. Your continued use of
the Platform will constitute your acceptance of any new or amended terms and/or
updates.
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.
Except as authorized under applicable
copyright law, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the Platform. For purposes of these
Terms of Use, the use of any such material on any other mobile application,
website, or online service is prohibited.
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.
3.5 Trademarks
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.
3.6 Software
The Software is being provided to you
by adidas pursuant to the following terms. adidas grants you a non-exclusive,
non-transferable, limited license to use the Software only for the purpose of
using the Platform. Except as specifically provided in these Terms of Use, You
may not, in whole or in part: (a) copy the Software, (b) distribute copies of
the Software, in whole or in part, to any third party; (c) modify, adapt,
translate, reverse engineer, make alterations, decompile, disassemble or make
derivative works based on the Software, except as otherwise permitted by law;
(d) use, rent, loan, sub-license, lease, distribute or attempt to grant other
rights to the Software to third parties; or (e) use the Software to act as a
service bureau or application service provider, or to permit access to the
Software by any third party. Part of the Software may be provided by and/or
owned by third parties.
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.
3.8 Minors
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
have the right to allow our use of such User-Provided Content under these Terms
of Use;
·
all
User-Provided Content that you post is accurate; does not violate these Terms
of Use; will not result in a breach or violation of any terms of any contract
or agreement to which you are currently bound or will become bound in the
future; does not and will not violate any applicable law; and will not cause
injury to any person or entity; and
·
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
All User-Provided Content that you
upload, post, transmit, publish, display, or otherwise make available through
the Platform may be used by adidas in accordance with our Privacy Policy.
adidas reserves the right to change, condense, delete, or refuse to post any
User-Provided Content on the Platform in its sole discretion. adidas does not
guarantee that you will be able to edit or delete any User-Provided Content you
have made available in connection with the Platform. We are not under any
obligation to keep the User-Provided Content that you make available through
the Platform confidential.
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 any of 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
services owned 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
We reserve the right to do any of the
following, at any time, at our sole discretion, with or without notice: (i)
modify, suspend, or terminate operation of or your access to the Platform, or
any portion of the Platform, or the agreement between you and us under these
Terms of Use, for any reason including but not limited to for your violation of
these Terms of Use; (ii) modify or change the Platform, or any portion of the
Platform; (iii) interrupt the regular operation of the Platform, or any portion
of the Platform, as necessary to perform routine or non-routine maintenance, to
correct errors, or to make other changes to the Platform.
On cancellation of the agreement under
these Terms of Use for any reason:
·
all
rights granted to you under these Terms of Use shall cease;
·
you
must immediately cease all activities authorised by these Terms of Use
including your use of the Platform;
·
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.
The sections entitled Your Grant of
License to adidas for User Provided Content and Our Responsibility for Loss or
Damage Suffered by You will continue to apply after this agreement under these
Terms of Use ends.
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.
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 Service via
the means provided in the Help section of the Platform .
Alternatively, you may also write
to us using the following address:
Customer Service
Hoogoorddreef 9A, 1101 BA
Amsterdam, The Netherlands
4.2 Priorities
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.
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.
adidas fully respects the privacy of individuals who
access and use the Platform. For details on the manner in which we use cookies,
the type of information we collect, how and for what purpose, we use your
information and under what circumstances we disclose information please see our Privacy
Statement and Cookie
Policy, which are incorporated into and form part of these adidas Terms and
Conditions.
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.
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.
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.
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.
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.
Version February
2021
APPENDIX 1 to
these Terms and Conditions
Sample
withdrawal form
To
adidas (UK) Limited
c/o adidas Customer Service,
Returns department,
Hoogoorddreef 9A, 1101 BA Amsterdam, The Netherlands
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.