adiClub Terms & Conditions
and
Platform
Terms of Use
Welcome to adiClub (the “Club”).
The Club includes a membership program and a subscription to the adidas
running app as further set out below in Chapter 1. Additionally, our Platform Terms of Use as set
out in Chapter 2 govern your use of the adidas website through your membership
account and the use of the adidas and Confirmed app (individually and
collectively referred to as “App”), all of which are part of adidas’ platform (the
“Platform”). Chapter 3 includes general
terms that apply to the membership, subscription to adidas running app, and the
use of the Apps collectively.
The Club is organised by adidas AG, with company
number HRB3868, whose registered address is Adi-Dassler-Str.
1, 91074, Herzogenaurach, Germany and VAT number is DE132490588 (“adidas,”
“we,” or “us”). When we refer to
"you" or "your" we mean you, the person accessing these
terms and conditions (the
“Terms”). These Terms govern your participation in the Club and by
participating in the Club, you agree to be bound by these Terms. By
joining the Club you also agree to be bound by our eCom terms and conditions, accessible https://www.adidas.de/en/terms_and_conditions ("eCom
Terms and Conditions").
Please
read these Terms carefully.
Chapter
1
1.
ELIGIBILITY
To
participate in the Club, you must be at least 16 years old and a legal resident
of Germany. If you are at least 16, but less than 18 years old (or the
age of majority in your location), you must also have the consent of your
parent or guardian before enrolling in the Club and your parent or guardian
must read and agree to these Terms. By enrolling and participating in the
Club, you confirm that you meet these eligibility requirements.
For
a high-level summary of how to join the Club, how to earn points, available
rewards and how to redeem the rewards, please visit https://www.adidas.de/en/adiclub . You may also visit our FAQ
section on the Club by clicking https://www.adidas.de/en/help?hcid=HCID_ACCOUNT_NEWSLETTER. For more details, please keep
reading below.
2.
JOINING THE CLUB
If
you meet the eligibility criteria above, you can join the Club by filling out a
registration form on http://www.adidas.de/en, on the adidas mobile apps or
in adidas retail stores. No purchase of any products is required to join the
Club. Only one account is allowed per individual. If you join the Club, you
agree to provide and maintain true, accurate, current and complete information
about yourself as prompted by the registration form.
3.
EARNING POINTS
As
a member of the Club, you will be entitled to earn membership level points
(“Level Points”) and points to spend (“Points to Spend”) (together, the
“Points”).
You
will earn Points for purchases (except whilst using or purchasing gift cards)
that you make on the DE-version of our official website http://www.adidas.de/en (the "Website"), the
DE-version of our official mobile applications: the adidas App or the Confirmed
App (together, the "App") or in participating adidas retail stores in
Germany, as set forth in Annex 1 to these Terms (the "Stores")
(together, the "Eligible Channels"). For every EUR 1 spent you will
earn 10 Level Points and 10 Points to Spend.
Purchases
include purchases of regular and sale priced merchandise. Purchases at stores
other than the Eligible Channels will not qualify for Points (even if you
purchase adidas products). If you return purchased items, the Points earned by
those items will be deducted from your Point’s total.
In
addition to earning Points for purchases, you can also earn Points for certain
interactions with us. The number of Points available will be as set out at https://www.adidas.de/adiclubrewards. These include but are not limited to:
·
Welcome
bonus: When you first successfully register as a member of the Club, we will
automatically credit your account with Points to thank you for joining.
·
Profile
bonus: If you submit a complete profile on the App or Website then you will be
awarded additional Points. This profile bonus can only be earned once.
Subsequent changes to your profile will not be awarded Points, unless
explicitly stated by us at that time.
·
Product
reviews: You can earn Points by posting a review of adidas products on the Website
or App. You hereby consent to your product reviews being publicly viewable. You
may only be awarded Points for a maximum of 10 reviews per calendar year. For
the avoidance of doubt, you are free to determine the content of your review provided that you comply with Customer Ratings and Reviews
terms and conditions presented to you when submitting your review.
·
Birthday
bonus: You may be eligible for bonus Points on your birthday based on your level.
This will be automatically credited to your membership account. Birthday bonus Points
will be awarded only once during a calendar year.
From
time to time, we, in our sole discretion, may change, discontinue, or add
interactions where you can earn Points and change the number of Points earned,
with or without prior notification to you.
You
must provide your adidas membership identification (email address or membership
ID) in the Stores, or be logged into your adidas
account on the Website or App to receive the eligible Points for your purchases
or interactions. In the event you are unable to receive eligible Points due to
not being logged in or your identification not being accepted as proof, you may
contact the adidas customer services team here with the required proof to redeem the Points for your
purchases or interactions.
Existing
adidas account holders can start earning Points from the day they have been
migrated to the Club, and no prior transactions or interactions will be
eligible for Points. New members will start earning Points from the date they
register for the Club, and no prior transactions or interactions will be
eligible for Points save that when you have provided your email address (for
the purpose of being contacted in relation to Club membership) in our Stores
whilst making a purchase and you subsequently join the Club, we shall award you
the Points for that purchase to your Club membership. Membership start dates
for the Club may vary for members depending on their account type.
You
will only be entitled to accumulate a maximum of 100,000 Points to Spend (the
“Limit”). If you reach the Limit but engage in an activity that should earn you
Points to Spend, we will add 0 Points to Spend to your account, however this
will reset the 365-day expiry period (as set out below in Clause 4).
4. EXPIRATION OF POINTS
Level Points
Level Points will remain valid for 12 months. This
period will always finish at the end of the month. If you earned Level Points
on June 9, 2022, they will expire on June 30, 2023,
unless adidas explicitly states otherwise. Level Points cannot be transferred
between members. Level Points have no cash value and cannot be exchanged for
cash.
Points to Spend
To reward
our most loyal members, there will be more adiClub
benefits for those who earn points on a regular basis. Points to Spend will
expire, on a rolling basis and to the end of the Calendar month, 12 months
after your last purchase or activity that earned you Points to Spend. But because all good things must come
to an end, any Points to Spend can only be retained for a maximum period of 36
months - towards the end of the month - before they expire automatically. Please note that neither a purchase later
fully returned nor the birthday bonus will extend the
expiration of your Points to Spend.
Example: If you earned Points to
Spend on 1 January 2022 and 10 January 2022, all your Points to Spend will be
saved until end of January 2023. However, if you made a purchase on 21 June
2022 and earned some more Points to Spend, all your Points to Spend will be
available for 12 months after that purchase until the end of June 2023. The
Points to Spend earned in January 2022 will in any case not be available
anymore after the end of January 2025.
Points to Spend cannot be
transferred between members. Points to
Spend cannot be exchanged
for cash.
5. CLUB LEVELS
The Club has four separate levels. You can move up
through the different levels by earning Level Points.
Level 1 is the entry-level for members with 0–999 Level
Points. You just need to register for the Club to be part of this level, and no
purchase of any products is required.
Level 2 is for members with 1,000–2,999 Level Points.
Level 3 is for members with 3,000–8,999 Level Points. Level 4 is for members
with 9,000 Level Points or more.
You can climb to the higher levels by accumulating
the number of Level Points mentioned above within 12 months of the end of the month
of registration or current level entry (the “Membership Year”). At higher levels,
you can access even greater benefits. If level upgrades are achieved by
acquiring Level Points through purchases of our products, we reserve the right
to delay this upgrade for a period that is equal to the applicable return
period for the purchased product(s).
You must meet the requalification requirements at
the end of your membership year in order to remain at
your current level. If not, you will be downgraded to the level below. Returns
can cause you to drop down multiple levels. For example, if you return an order
or product, the points earned will be deducted, which could cause you to drop
by that number of points.
6. LEVEL REQUALIFICATION
If you are in level 2, 3, or 4
and you do not earn enough Level Points during the current requalification
period, you will be downgraded to the next level down, regardless of the number
of qualification Level Points you have accumulated by this date.
The requalification period
starts on the date you reached a new level and ends 12 months later, always at
the end of the month. The number of Level Points you need in
order to requalify for your current level is equal to the minimum Level
Point balance needed to enter that level.
Level Points earned after your
last level entry will count towards requalification Level Points. The new
requalification period will start on the exact date of that level upgrade and
end 12 months later at the end of the month. After a level upgrade, your
requalification Level Points will be set to 0.
If you do not earn enough Level
Points for your level during the requalification period, you will be
downgraded. The downgrade will take place after the last day of the
requalification period, which is always at the end of the month.
If you are downgraded, your new
requalification period will start on the exact date of your downgrade and end
12 months later at the end of the month, unless you upgrade during this period.
After a level downgrade, your requalification Level Points will be set to 0. If
a member does not earn enough Level Points for their level within the
requalification period, they will be downgraded. The downgrade will take place
after the last day of the requalification period, which is always at the end of
the month.
7.
REWARDS
Entry
and progress through each of the above-mentioned levels will unlock a set of
new rewards for members as set out here https://www.adidas.de/en/adiclubrewards.
You
will have access to the rewards in your current level and the levels below
them. For example, a level 3 member will have access to the rewards from level
3 as well as level 2 and level 1 (except for the lower levels’ entry discount
vouchers).
Certain
rewards will be conditional upon you agreeing to separate terms and conditions applicable
to that reward which will be made available to you when redeeming that reward. In
addition the following terms and conditions apply to
the following specific rewards:
·
Discount
Vouchers: These are single use discount vouchers that are unlocked when you
enter a new level. These will have limited validity periods and maximum
discount values of which details will be communicated to you on receipt of the
discount vouchers. Certain product exclusions may apply. These discount
vouchers may not be combined with other promotions or discounts.
·
Early
access to product launches: You will get early access to certain adidas product
launches. These will exclude Hype product launches and is subject to
pre-allocated stock availability for members.
·
Free
subscription to the adidas running app: available from entry into the Club and
subject to acceptance of any applicable terms of use.
·
Premium
subscription to the adidas running app: You will get a Premium subscription to
the adidas Running app for the term indicated for your level, subject to
acceptance of any applicable premium membership terms. For the avoidance of
doubt, the subscription may be revoked if when returning an order this results
in a level downgrade.
·
Free
personalisation: This reward entitles you to personalise your products from the Eligible
Channels for free. This is capped to a maximum of 10 product personalisation requests per membership year.
·
Hype
priority access: You will get priority access to Hype product launches.
However, this does not guarantee that you will get the Hype product if you
participate. This reward depends on the availability of Hype product launches.
·
Early
access to sales: You may receive early access to certain sales that we make
available. The duration of early access may vary between sales and could also
depend on which level you are in at the time of the sale. Our standard terms
and conditions for sales will also apply.
Specific
rewards (whether products or experiences) are available while supplies last and
may be subject to change, discontinuance, limitations, and substitutions by us,
at its discretion and at any time without notice.
8.
USE OF POINTS TO SPEND
Points
to Spend can be redeemed against a number of use
cases, including but not limited to:
a.
Vouchers
You
may be able to use your Points to Spend to purchase a voucher (e.g. a 20% off
voucher) (“Voucher”). The Voucher may
then be used to make an order on the App, on the Website or in the Stores.
Certain exclusions may apply, and any additional terms and conditions will be
presented to you when making a purchase.
You can
only use one Voucher at any one time when making a purchase and it cannot be combined with any other vouchers or discount
codes. The Voucher will only apply to the product price and will not apply
to any delivery costs.
No
Voucher can be exchanged, transferred or redeemed for cash or Points to Spend.
You may only use a Voucher for personal, non-commercial use and must not sell
any Voucher. Vouchers may not be used in sales or promotional activities
including as giveaways or prizes in competitions. We reserve the right to
cancel any Voucher that we suspect has been resold or obtained in connection
with an unauthorised sales or promotional activity.
If
you return any products that you have purchased online using a Voucher, you
will not be entitled to a refund of Points to Spend but, provided you have
returned all of the products purchased using the Voucher, you will be entitled
to request a new Voucher by contacting our adidas Customer Service here.
We
may also offer Vouchers to be used on third-party platforms. These Vouchers cannot be exchanged,
transferred, or redeemed for cash or Points to Spend. You may only use these
Vouchers for personal, non-commercial use and must not sell any Voucher. These
Vouchers may not be used in sales or promotional activities including as
giveaways or prizes in competitions. We reserve the right to cancel any Voucher
that we suspect has been resold or obtained in connection with an unauthorised sales or promotional activity.
b.
Money can’t buy products (“MCBP”)
You
may be able to use your Points to Spend to purchase MCBP and any such purchase
will be subject to our eCom Terms and Conditions and any additional terms presented to you when
making a purchase.
For
the avoidance of doubt, if you return any MCBP in accordance with the eCom Terms and Conditions and are entitled to a
reimbursement of your Points to Spend, this will be subject to the Limit as set
out above at Clause 3 (for example, if you return a MCBP that you purchased for
500 Points to Spend but have 99,990 Points to Spend at the time of the
reimbursement, we will reimburse you 10 Points to Spend).
c.
Raffles
You
will be entitled to use your Points to Spend to participate in raffles. These
will be subject to you agreeing to separate terms and conditions applicable to
each raffle.
If
you withdraw from a raffle prior to the conclusion of the raffle, you will be
entitled to a refund of Points to Spend.
d.
Good causes
When
made available to you, you will be entitled to use your Points to Spend to make a contribution to a good cause as further set out in
the Club. We cannot refund your Points to Spend once you have contributed. Any additional terms and conditions will be
presented to you prior to making a contribution.
9.
USE OF ACCOUNT
You
are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all
activities that occur under your password or account. The Club is for your
personal use only. You must not share your adidas membership identification
and/or password or in any way make them accessible to others. You must
immediately inform the adidas customer services team (details set out below in Chapter
3, Section 3) of any unauthorised use of your password or account or any other breach
of security.
You
agree that you shall not:
·
access,
use, reproduce, modify, download, sell, transfer, publish or otherwise make
available your membership of the Club for any commercial purposes;
·
do any act or thing that might damage, disrupt
or otherwise interfere with the operation of the Club;
·
abuse
your membership of the Club or use it for any unlawful or unauthorised purpose (which include
transmitting any computer viruses through your account or using your account in
a manner which is discriminatory, offensive, abusive, malicious, defamatory or
other violates or infringes the rights of anyone else); and
·
transfer,
sale or barter (or attempt to transfer, sale or barter) any of your rewards or
member exclusive promotional offers.
10. RIGHT TO WITHDRAW FROM THE CLUB MEMBERSHIP
AGREEMENT
You may withdraw from your Club membership within
14 days of the date on which you enrolled in the membership without stating any
reasons. To exercise this right of withdrawal, you must inform us of your
decision to withdraw from your Club membership by sending us a clear
declaration (e.g. a letter sent by post) stating your decision to withdraw from
the agreement. Please use the following contact details: adidas AG, c/o adidas Customer Service, Withdrawal Department, Hoogoorddreef
9a, 1101 BA Amsterdam, The Netherlands.
To exercise
your right pursuant to this section you may also use the following form:
I/We (*)
hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of
the following goods (*)/for the provision of the following service (*),
Ordered on
(*)/received on (*),
Name of
consumer(s),
Address of
consumer(s),
Email address
of consumer(s) which is used to register a Club membership.
Date
You may also
withdraw from the Club membership electronically by filling in the explicit
withdrawal declaration on our Website at https://www.contactus.adidas.com/EMEA/ContactUs?country=GB&brand=adidas&language=en_GB or by deleting your account by going to the
“Data settings” in the footer of our Website and select the option “Delete my
data & account” within the withdrawal term. If you use one of these
options, we shall confirm receipt of order withdrawal via email.
11. CONSEQUENCES OF WITHDRAWAL FROM THE CLUB MEMBERSHIP AGREEMENT
If you
withdraw from your Club membership on the basis of
your right of withdrawal as set out above, the Club will become inaccessible to
the you and you shall refrain from using your Club membership and from making
it available to third parties.
If you
withdraw from your Club membership on the basis of your right of withdrawal as
set out above, we will refrain from using any data, which is not personal data,
which was provided or created by you when participating in
the Club, except where such data
(i)
has no use
outside the context of the Club membership,
(ii)
is
exclusively related to your use of the Club membership,
(iii)
has been
aggregated by us with other data and cannot be disaggregated or can only be
disaggregated with disproportionate effort, or (iv)was generated by you
together with other customers, provided that other customers can still use the
data.
Upon your
request, we will make available to you any data, which is not personal data,
which was provided or created by you when participating in
the Club, except in the
situations under this clause 11 (i), (ii) and (iii)
as mentioned above.
If you use the option to delete your account
(via “Delete my data & account” as stipulated in Clause 10 above) to
withdraw from your Club membership and you want to receive a copy of your data,
please make sure to download it before you delete your account by going to the
‘Data Settings’ in the footer of our Website and selecting the option ‘Send me
my data’ or ‘Send me my machine readable data’.
Please note that if you have requested a copy
of your data we process, your account can only be deleted after the export is
completed, because otherwise, we would no longer be able to comply with this
request.
For the
consequences of withdrawal in respect of any data that qualifies as personal
data, the provisions of the Privacy Notice apply.
12. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
Notwithstanding
the above, you may cancel your Club membership at any time by logging in to
your account on the Website or
App.
We
may cancel your Club membership at any time, if we determine that you (a) are
ineligible in accordance with Clause 1 above, (b) have violated any of these
Terms, any of the eCom Terms and Conditions, any
applicable product terms of sale or any applicable law or regulation, or (c)
engaged in any deception, forgery, fraud or committed any other abuse of the
Club.
We
reserve the right to revoke some or all of your Points
or rewards if we determine that you received Points or a reward due to an
error, through fraud or deception, or in any manner not authorised.
If
you or we cancel your Club membership, you will lose all your accumulated Points.
If you cancel your membership, you may choose to rejoin the Club by registering
on the Website or the App. When restarting your Club membership, your previously-earned Points will not continue to your new Club membership.
In the event of your cancellation of the Club
membership, the following applies with
regard to the data provided upon
registration for the Club and uploaded, posted, transmitted, published,
displayed or otherwise made available through or in the scope of the Club
membership thereafter:
·
any
rights granted to us in relation the data, which is not personal data, shall
expire. This does not, however, apply if such data:
o
has
no use outside the context of the Club membership,
o
is
exclusively related to your use of the Club membership,
o
has
been aggregated by us with other data and cannot be disaggregated or can only
be disaggregated with disproportionate effort, or
o
was
generated by you together with other customers, provided that other customers
can still use the data.
For
personal data, the provisions of the Platform’s Privacy Notice shall prevail.
·
we
shall, at your request, provide you with the data, which is not personal data,
free of charge, within a reasonable period
of time and in a common and
machine-readable format after the cancellation becomes effective. This does not
apply if such data:
o
has
no use outside the context of the Club membership,
o
is
exclusively related to your use of the Club membership, or
o
has
been aggregated by us with other data and cannot be disaggregated or can only
be disaggregated with disproportionate effort.
For
personal data, the provisions of the Platform’s Privacy Notice shall prevail.
We may make minor changes to these Terms from
time to time (if, for example, there is a change in the law that means we need
to change these Terms, we add new rewards, add possibilities to earn Points, modify Club
functionalities or modify the technical environment). Please check these Terms
regularly to ensure that you understand the up-to-date terms that apply in
relation to your membership of the Club.
For any significant changes to these Terms
that will materially adversely impact you or if we choose to discontinue the
Club then we shall provide you with three months' written notice.
13.
CONFORMITY
We
have a legal obligation to make sure that the Club conforms to the contract.
As
part of this legal obligation, we may, from time to time, offer and request you
to update the Club for security and technical reasons. It is your
responsibility to install such updates without delay and to update the
operating system of your end device if this is required for such updates. We
will not be liable for any lack of conformity of the Club resulting from the
lack of the relevant update when you fail to install the update that we
supplied to you.
If the Club does not conform with the contract
and/or the statutory conformity requirements, you have the right to have the Club brought into conformity
throughout the duration of supply. Your right to claim lack of conformity expires
two (2) years from the time of
supply
of the Club membership or the expiry of
twelve (12) months after the end of the supply period (whichever period is
longer). If a defect has become apparent within
the aforementioned limitation period, the limitation
period shall not expire before the expiry of four (4) months after the time
when the defect first became apparent. You
will reasonably cooperate with us to assess whether the cause of the lack of
conformity lies in your digital environment. If you do not provide such
cooperation, the burden of proof of any conformity will lie with you.
14.
DISCLAIMER AND LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our
breach of these Terms or our negligence, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if it is
an obvious consequence of our breach or if it was contemplated by you and us at
the time we entered into these Terms.
Nothing
in these Terms excludes or limits our liability for:
·
death
or personal injury caused by our negligence;
·
fraud
or fraudulent misrepresentation; or
·
any
matter in respect of which it would be unlawful for us to exclude or restrict
our liability.
Nothing
in these Terms affects your statutory rights.
To
the extent permitted by law, our aggregate liability to you in respect of any
loss or damage suffered and arising out of or in connection with these Terms,
whether in contract, tort (including negligence) or for breach of statutory
duty, or in any other way, shall not exceed the amount of EUR 100.
Chapter
2
These Terms of Use apply to your access to and use of the Platform,
including the software contained in the Platform (“Software”). Insofar the provision of
personal data for the use of the Platform or the creation of the membership
account qualifies as payment under applicable law, also the Digital Content and Digital
Services Purchase Terms (Chapter 2, section 2) apply.
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”).
1.2
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.
1.3
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.
1.4 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.
1.5
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.
1.6
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.
1.7 Minors
You must be 16 years of age or older to access or
use the Platform.
1.8
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.
1.9
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 the information provided when
creating an Account and 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.
1.10
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.
1.11
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 Notice. 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.
1.12
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 1.5, 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.
1.13
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.
1.14
Registration and passwords
By
registering for the adiClub, your account username
and password can be used to fully access the Apps. For more information on the account, please
see Chapter 1, section 9 above.
1.15
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 required for, inter
alia, changes to the technical environment or
functionalities, changes in the number of users or improvements to the services.
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.
1.16
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.
1.17 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 of Use 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.
1.18
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.
These Purchase Terms apply where you provide us with
your personal data in exchange for the access to and use of our Platform. This Chapter 2, Section 2 does not apply
when we collect your personal data exclusively to supply digital content or a
digital service to you or for the sole purpose of meeting legal requirements,
or where we only collect metadata under applicable law. You agree to these
Purchase Terms when you start using the Platform, for example by the creation of the adidas account. It is only possible to deviate from these Purchase Terms if agreed in
writing by us.
If you do not
agree to be bound by these terms of use, do not access or use the Platform.
For adidas,
quality is paramount and we have a legal obligation to
make sure that our Platform conforms to the contract.
As part of this legal obligation, we will,
from time to time, offer and request you to install security and technical
updates. It is your responsibility to install such updates without delay and to
update the operating system of your end device if this is required for such
updates. We will not be liable for any lack of conformity of the Platform
resulting from the lack of the relevant update when you fail to install the
update that we supplied to you.
If our Platform does not conform to the
contract of sale, you have the right to have the defect corrected. Your right
to claim lack of conformity expires two (2) years after the delivery of the
Platform. You will reasonably cooperate with us to
assess whether the cause of the lack of conformity lies in your digital
environment. If you do not provide such cooperation, the burden of proof of any
conformity will lie with you.
You have the right to withdraw from your agreement
with us within fourteen (14) days from the date on which the agreement was
entered into (“Withdrawal Period”) without giving any reason.
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.
To exercise your right of withdrawal you must inform
us (adidas AG, 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) stating your decision to withdraw from the
agreement. You can use the sample withdrawal form attached as Annex 2 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 or by
deleting your account by going to the “Data settings” in the footer of our
website and select the option “Delete my data & account” within the
Withdrawal Period. If you use one of these two options, we shall confirm
receipt of order withdrawal via email.
2.4 Consequences of withdrawal
If you withdraw from the agreement, the Platform
will become inaccessible to you and you shall refrain
from using the Platform and from making it available to third parties.
If you withdraw from the agreement, we will refrain
from using any User-Provided Content, which does not qualify as personal data,
which was provided or created by you when using the Platform, except where such
User-Provided Content:
Upon your request, we will make available to you any
User-Provided Content, which does not qualify as personal data, which was
provided or created by you when using the Platform except in the situations (i), (ii) and (iii) as mentioned above.
If you use the option to delete your account (via “Delete my data &
account” as stipulated in Chapter 2, Section 2.3 above) to withdraw from the
contract of sale and you want
to receive a copy of any User-Provided Content,
including personal data, please make
sure to download it before you delete your account by going to the ‘Data
Settings’ in the footer of our Website and selecting the option ‘Send me my
data’ or ‘Send me my machine readable data’.
Please note
that if you have requested a copy of your data we process, your account can
only be deleted after the export is completed, because otherwise, we would no
longer be able to comply with this request.
For the consequences of
withdrawal in respect of any User-Provided Content which qualifies as personal
data, the provisions of the Privacy Notice apply.
Notwithstanding the above, if you
have uploaded, posted, transmitted, published, displayed,
or otherwise made available through the Platform User-Provided Content,
the following applies in the event of termination of the purchase agreement:
·
The rights granted in
accordance with Chapter 2, section 1.11 in relation to the
User-Provided Content, which is not personal data, shall expire. This does not, however, apply if such User-Provided Content:
·
We shall, at your request,
provide you with the User-Provided Content, which is not personal data, free of
charge, within a reasonable period of time and in a
common and machine-readable format after the termination becomes effective.
This does not apply in the situations under Chapter 2, Section 2.5 (i), (ii) and (iii) as mentioned above. For User-Provided Content containing personal data, the provisions of the
Platform’s Privacy Notice shall prevail.
Chapter 3 – General Terms (Miscellaneous)
1. GOVERNING LAW AND JURISDICTION
You
may bring any dispute which may arise under these Terms 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. We shall bring any
dispute which may arise under these Terms 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.
2.
MISCELLANEOUS
Each
of the clauses of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining
clauses will remain in full force and effect.
If
we fail to insist that you perform any of your obligations under these Terms,
or if we do not enforce our rights against you, or if we delay in doing so,
that will not mean that we have waived our rights against you and will not mean
that you do not have to comply with those obligations. If we do waive a default
by you, we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
If
you wish to have more information on online dispute resolution, please follow
this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as
required by Regulation (EU) No 524/2013 of the European Parliament and of the
Council, for information purposes only.
We are not obliged to participate in online dispute resolution.
3.
CONTACTING US
Should
you have any questions about these Terms or the Club or have any reasons for a
complaint you can contact us by clicking https://www.adidas.de/en/help.
PLEASE
RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS
WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Last Updated: January 2023
Annex 1 – Participating Retail Stores
|
STORE |
ADDRESS |
CITY |
COUNTRY |
|
Berlin, Muenzstrasse |
Muenzstrasse 13-15 |
Berlin |
Germany |
|
Berlin, Tauentzienstrasse |
Tauentzienstrasse 15 |
Berlin |
Germany |
|
Berlin, Tauentzienstrasse 9 |
Tauentzienstrasse 9
-11 |
Berlin |
Germany |
|
Frankfurt,
Zeil |
Zeil
105 |
Frankfurt |
Germany |
|
MyZeil,
Frankfurt |
Zeil
106 |
Frankfurt |
Germany |
|
Hamburg, Moenckebergstrasse |
Moenckebergstr. 13 |
Hamburg |
Germany |
|
Leipziger
Platz, Berlin |
Leipziger
Platz 12 |
Berlin |
Germany |
|
Berlin,
Running, Muenzstrasse |
Muenzstrasse 14-16 |
Berlin |
Germany |
|
Herzogenaurach |
Olympiaring
3 |
Herzogenaurach |
Germany |
|
Munich,
Sendlinger Strasse |
Sendlinger Strasse
10 |
München |
Germany |
|
Nuernberg, Karolinenstrasse |
Karolinenstrasse 47 |
Nuernberg |
Germany |
|
Herzogenaurach,
WOS Promotion |
Olympiaring
20 |
Herzogenaurach |
Germany |
|
Stuhr-Brinkum, Ochtumpark |
Bremer Strasse 111,
Stuhr-Brinkum |
Bremen |
Germany |
|
Piding, Lattenbergstrasse |
Lattenbergstrasse 6 |
Piding |
Germany |
|
Herzogenaurach,
WOS |
Olympiaring
2 |
Herzogenaurach |
Germany |
|
Sandersdorf-Brehna,
Leipzig |
Berliner
Str. 1 |
Sandersdorf-
Brehna |
Germany |
|
Greding,
An der Autobahn |
An
der Autobahn 2 |
Greding |
Germany |
|
Metzingen, Outletcity Metzingen |
Reutlinger
Str.46-54 |
Metzingen |
Germany |
|
Zweibruecken,
The Style Outlet |
Zweibrücken
Outlet Village, Londoner Bogen 10-90 |
Zweibrücken |
Germany |
|
Berlin-Wustermark, Designer Outlet |
Alter
Spandauer Weg 7A |
Wustermark |
Germany |
|
Wolfsburg |
An
der Vorburg 1, Einheit 67 |
Wolfsburg |
Germany |
|
Neumunster, Designer
Outlet |
10 Oderstrasse |
Neumunster |
Germany |
|
Ochtrup,
Laurenz |
Laurenz Strasse 55 |
Ochtrup |
Germany |
|
Adidas
Store Oberhausen |
Centroallee
111,112 Ground Floor |
Oberhausen |
Germany |
Annex 2 – Sample withdrawal
form
To
adidas AG
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.