adidas service email: info(at)adidasrunnersvienna.com
These adidas Terms and Conditions consist of the following sections, as outlined in this document: 1. Introduction; 2. Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as terms and conditions dealing with specific matters in any policy or document to which a link is provided herein.
www.adidas.at (the “Website”) is owned by and/or operated by or on behalf of adidas International Trading B.V., Atlas Arena, Africa Building, Hoogoorddreef 9a, 1101 BA Amsterdam ZO, The Netherlands (“adidas/We/Us”).
If you place an order through this Website, upon confirmation of acceptance of the order, a purchase contract will be executed between you and Us, which will be governed by these adidas Terms and Conditions and specifically by the Purchase Terms outlined below.
adidas AG is the parent company of adidas Group, which includes several affiliated companies; among them, adidas International Trading B.V.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the adidas Website. Please note that these Terms and Conditions of Purchase are supplemented by the Terms contained on those pages, which include a link to these Terms and Conditions of Purchase.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by adidas. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) order anything from any web page directly connected to the Website or (iii) when you accept an offer from adidas. It is only possible to deviate from these Purchase Terms if agreed in writing by adidas.
adidas has different types of products. This may include products completely designed by adidas, meaning fully designed and created by adidas (“Standard Products”) and products that, although designed by adidas, may be customised or modified by you by selecting materials, colours or other such customisations to your liking (“Customised Products”). Both types are encompassed by the term “Products”.
Where such services are available, you may customise your products by selecting a Standard Product and personalising it. Making it personal means adding the name and number of your favourite player, your own name, your pet’s name or similar individualised aspect (as appropriate – see 2.11). Choose a player or their number, or add your own personalised text and numbers.
In addition, you may also refine or design your own Mi adidas products by choosing your own colours and, in some cases, materials. The Mi adidas customisation tool also allows you to add your name, number, badge or flag.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH ADIDAS
You must be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to adidas in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 Formation of contract related to Standard Products
All information on the website is merely an invitation to submit an offer. In other words, this information does not constitute an offer or a legally binding contract. You thus agree that by placing an order, you are making an offer to purchase the products specified in that order.
adidas is 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 adidas does not confirm acceptance of your order within ten working days, it shall be deemed refused.
All orders you submit are subject to the approval of adidas. We reserve the right to accept your order at Our discretion. Cases in which We may not accept your order include:
- If a Product is shown on the Website but is not available;
- If We are unable to obtain authorisation of your payment;
- If shipping restrictions apply to a Product;
- If a Product shown on the Website contains an apparent error, such as being incorrectly priced or otherwise incorrectly described.
Upon submission of your order, We will email you an order confirmation with your order number and details of the Product(s) you have ordered from Us, as well as details of any delivery services – unless your order is for Customised Products, as described in section 2.4.2. The acceptance of your order and the conclusion of a contract between you and adidas for the purchase of Standard Products will take place only when one of the following occurs:
- You receive an e-mail from adidas which confirms the shipping of the Standard Products from Our warehouse;
- You receive a confirmation from the carrier that the Standard Products are ready for you to pick up, in the event you have chosen the option to pick up the Standard Products at an adidas store or carrier office, or the carrier office has the Standard Products stored at the pickup location;
- You receive a communication from adidas confirming that the Standard Products are ready for you to pick them up at the selected adidas store, in the event you have chosen to collect the Standard Products at an adidas store.
Please note that the option to reserve a Standard Product on the Website and to then buy it locally in an adidas store is only possible at selected locations, as indicated during the purchasing process on the Website. When you purchase the reserved product, you are concluding a purchase agreement with the local adidas retailer of your choice. This means that you can only return the product to the same store you bought it from. Therefore clauses 2.13, 2.14 and 2.15 below do not apply because they refer only to the return of Standard Products purchased through the Website.
2.4.2 Formation of contract related to Customised Products
Once you have placed your order for Customised Products (including Mi adidas Products) We will send you an order confirmation email. Acceptance of your order and the formation of a contract between you and adidas for the purchase of Customised Products will take place only once you receive the order confirmation email from adidas.
2.5 RETENTION OF TITLE
The delivered products remain the property of adidas until you have paid to Us all outstanding amounts owed to Us under any agreement. This includes the payment of costs from earlier or later deliveries or partial deliveries. You may not sell, dispose of or affect these products until they have become your property.
2.6 QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different means of image capturing, due to diverse display technologies or for other technical reasons. adidas is not liable for these variations and deviations.
adidas draws your attention to the washing and care instructions on the product labels. adidas can not be held liable for any damage resulting from misuse of products including handling contrary to these instructions.
2.7 ORDER CANCELLATION
We start to process your order as soon as it is submitted; it is thus unfortunately not possible to cancel your order.
The prices quoted are inclusive of VAT. All prices are in Euro (EUR). adidas reserves the right to make price and product changes prior to your placing an order. adidas reserves the right to change, restrict or terminate any special offers or discounts at any time.
adidas calculates shipping costs. The shipping costs vary depending on the product and shipping method. Shipping can be done as "Express Shipping", "Standard Shipping", "Your adidas Shipping" and "Combined Shipping" (Standard and Customised Products, not Your adidas Products).
For additional details regarding the costs, please click here to visit the Delivery Section of the Website. If applicable, these costs will be calculated separately, listed and added to the total amount of the order.
2.9 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
In cases where We choose or are required by applicable law to issue an invoice or make an invoice available, adidas reserves the right to issue or create an electronic invoice – and you agree to such a form of invoicing.
2.11 SPECIAL ASPECTS OF CUSTOMISED PRODUCTS
To individualise your Customised Product and making it personal, you can add your own text. You can add your name, the name of an athlete and their number – or let your creativity run wild. Please ensure any customised text is appropriate. We reserve the right to remove inappropriate language as well as any brand names. Also keep in mind that some special characters are not supported by Our system.
We ask that you do not use, upload, submit, copy or otherwise make public any names, words or phrases that fall into any of the categories below:
- Consist of or contain the name of a product, service, company, organisation or event that is/are owned by a third party or includes such a name;
- Consist of or contain the name or nickname of a famous person (living or dead);
- Infringe or may infringe third party trademarks or other intellectual property rights;
- Are threatening, incite violence, are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful.
adidas reserves the right to reject any customisation that includes the above-described names, words or phrases (or combinations thereof) or that is otherwise unacceptable to adidas, as determined by the sole discretion of adidas. This will result in your order being cancelled. Further, adidas will be entitled to claim compensation equal to the value of the products ordered.
Please note that by placing your order for Customised Products, you:
- Confirm and guarantee that any names, words or phrases you use, upload, submit, copy or otherwise make public for use on your Customised Product do not fall into any of the above categories;
- Agree to indemnify adidas and its affiliated companies and keep adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies as a result of the use of any names, words or phrases used, uploaded, submitted, copied or otherwise made public by you (including use on your Customised Product);
- Grant to adidas and its affiliated companies a non-exclusive, irrevocable royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by you for the purposes of fulfilling your order.
Insofar as the order contains products that have been manufactured or customised according to customer specifications (in other words: Customised Products), you will not have any time for reflection, nor right of withdrawal, nor right of return, nor right of termination (Article 6: 230p under f, subsection 1 of the Dutch Civil Code).
adidas will deliver to the address indicated by you within Germany. adidas can only deliver to residential or office addresses. Or, if you choose to pick up the products at an adidas store, they will be delivered to the adidas store address. adidas will email you a confirmation as soon as the products are ready to be picked up.
Deliveries are made on business days that are not a public holiday in your country or region where Our adidas warehouse is located. Therefore, please count any national, regional and local holidays in your country of residence, as well as in the city of Rieste, Germany (address of the adidas warehouse) as public holidays. Please note that public holidays may vary depending on the country and year. We recommend that you look at a current calendar of public holidays to better estimate delivery times.
For detailed information about delivery periods, please check the specifications for the different types of delivery such as “Express delivery”, “Standard delivery”, “Customised Product delivery” and “Mi adidas Customised Product Delivery” by clicking the ‘Delivery‘ section of Our Website. Note that Delivery periods are indicative and are therefore not regarded as binding or definite 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, adidas shall, at its discretion, refund the full cost of Express Delivery.
Please note that Customised Products have different delivery times. Adding text to a product takes some time. This means that your complete order of Standard Products and Customised Products will take longer to deliver. We would like to stress, however, that mi adidas Customised Products will be delivered separately from any other Products you may have ordered, and will take approximate 4-6 weeks to be delivered. For detailed information, please verify the delivery period in your country by clicking here
adidas is entitled, insofar as reasonably possible, to make partial deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such partial deliveries. However, in the event that you request that adidas delivers in parts, adidas will charge you for extra delivery costs. In such a case, each partial order shall constitute a separate purchase contract. If adidas delivers on part too late or a partial delivery is faulty, this does not give you the right to cancel another partial order.
In the unlikely event that adidas can no longer deliver the ordered products after the purchase agreement has been concluded and is not responsible for this situation, adidas is entitled to cancel the purchase agreement. adidas will of course inform you immediately and refund any payments already made.
2.13 YOUR RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal/cancellation period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for several goods that you have ordered under a single order and which are being delivered separately) the final product, or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.
In order to exercise your right of withdrawal, you must notify Us (adidas International Trading BV, c/o adidas Customer Service, Withdrawal Department, Postbus 57, 6200 AB Maastricht, The Netherlands) by means of a clear statement (i.e. a letter sent by post, fax or e-mail) informing Us of your decision to withdraw from the purchase contract. You may use the sample withdrawal form attached as Appendix 1 to these General Terms and Conditions, but this is not mandatory. You can also electronically complete and submit a clear revocation statement via Our website at https://e-com.secure.force.com/EMEA/Austria. If you use this option, We will confirm the receipt of the cancellation immediately via e-mail.
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.
Consequences of Withdrawal
If you withdraw from this contract, adidas shall reimburse all payments received from you, including delivery charges (with the exception of the additional charges arising from the fact that you chose a different method of delivery other than the cheapest standard delivery offered by us) immediately and 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 expressly arrange a different method agreed upon 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 goods, or until you have submitted proof that you have returned the goods, whichever comes earlier.
We shall bear the costs of returning the goods (see 2.15 below).
You must send back the goods immediately, but in any event no later than fourteen (14) days from the date on which you inform Us about the withdrawal from this contract (adidas International Trading BV, CDC Rieste, Hildesheimer Strasse 2-10, 49597 Rieste, Germany). The deadline shall be deemed met if you send the goods before the deadline of fourteen (14) days expires.
You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.
Exceptions to your right of withdrawal
You do not have a legal right of withdrawal for contracts regarding the:
delivery of goods that are made to your own specifications or which are clearly tailored to your personal needs; and/or
delivery of goods which are not suitable to be returned for health or hygiene reasons, and where a seal was removed after delivery.
– End of withdrawal conditions –
- A simple (but not mandatory) option to exercise your right of withdrawal is to take one of the following options:Complete the withdrawal form in Appendix 1 to these Terms and Conditions (or draft another express declaration), attach it to the package in which you are returning the products to Us (in correspondence to the contract that you wish to withdraw from) and send the package to Us in accordance with the return policies described in section 2.15.
- Fill in the customer services form at https://e-com.secure.force.com/EMEA/Austria Enter (1) your first name and (2) your last name, (3) select the category "Orders & Delivery", (4) enter “withdrawal” in the subject line and (5) attach a scan of the completed withdrawal form (see Appendix 1 to these General Terms and Conditions) AND/OR enter in the "question" field a clear statement that you wish to withdraw from the contract, for example, by writing "I/We* hereby give notice that I/We withdraw from my/our contract of sale of the following goods: [<<So that We can process the withdrawal, please indicate: (i) the relevant goods, (ii) the order, (iii) the order date and (iv) when you received the goods<<].““If you use this option, We will confirm the receipt of your withdrawal immediately via email.
- Fill out the withdrawal form in Appendix 1 to these Terms and Conditions (or draft another express declaration) and send it by post to adidas International Trading B.V., c / o adidas Customer Service, Revocation Department, Postbus 57, 6200 AB Maastricht, The Netherlands.
2.14 OUR VOLUNTARY RETURN GUARANTEE IN ADDITION TO YOUR LEGAL RIGHT OF WITHDRAWAL
adidas grants you the following voluntary return guarantee (“Voluntary Return Guarantee”):
This voluntary return guarantee does not affect your legal rights (especially your legal right of withdrawal in accordance with the above provisions and your statutory warranty rights). This means that in addition to your legal statutory right of withdrawal, adidas also gives you this voluntary return guarantee (in accordance with the following provisions) as a contractual right of return with respect to a Standard Product ordered. This voluntary return guarantee does not affect your statutory rights in any way.
If you are not fully satisfied with your Standard Product, you have the right (in addition to and notwithstanding your statutory right of withdrawal described above) to rescind the purchase agreement. In other words, you have the right to return the Standard Product as described below, and We shall ensure that you obtain a refund (as outlined below). Simply follow the guidelines explained in the following section:
Subject to the provisions of these Terms and Conditions, you may return the Standard Product received within one hundred (100) calendar days (“Return Period”) from the day you receive the Standard Product, without specifying any reason. In order to meet the deadline, you must return the standard product to Us before the deadline expires and as described in the return policy section 2.15 of these General Terms and Conditions.
If the return is made after the deadline has expired, or the Standard Product has been used or damaged beyond normal inspection use, or is not returned in its original packaging, adidas shall reserve the right to reject the return and shall not provide any reimbursement, in accordance with this Voluntary Return Guarantee. Returns of clothing items can only be accepted if the original label has not been removed (all the aforementioned do not affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal.)
Please follow the instructions on the packing slip when returning the Standard Product (see the Returns Policy in section 2.15 of these Terms and Conditions). All returns must be made using the carrier's return label or other traceable shipping method.
The return of Standard Products shall be at the expense and risk of adidas, as long as the costs are reasonable and as long as such returns are made in accordance with section 2.15. Returns not made in accordance with section 2.15 shall be at your own risk and at your expense. The Standard Products must be returned unused, complete and in their original packaging, as far as reasonably possible, to:
adidas International Trading B.V.
Hildesheimer Straße 4-10
For all valid returns made in accordance with these Purchase Terms & Conditions, adidas shall reimburse the purchase price (in case of a complete returned order) and delivery costs fourteen (14) days after receipt of the Standard Product.
The length of time your return is in transit is beyond Our control, despite Us processing your return immediately upon receipt. A returns processing-period of at least fourteen (14) days – to receive and to process your return – must therefore be allowed. Although adidas will normally refund the money within approximately two (2) days after processing a return, it may take additional time for a bank or credit card company to process a refund and for the refund to reach an account. We shall notify you via email once We have received and processed the returned Standard Product(s). We shall refund the total value of the Standard Product(s). Refunds will be made using the same type of payment as was used making the original purchase.
Please note that Customised Products are subject to special conditions as they are designed for you only. This means that We will not accept returns under this Voluntary Return Policy (without affecting your statutory rights), except for manufacturing defects.
If you have questions about returning Customised Products purchased online from the website, please contact Us at 0800–005073 or email Our customer service team. For any questions about Customised Products purchased from one of Our stores, please call the store where you purchased the product. The phone number can be found on your purchase receipt.
2.15 RETURN INSTRUCTIONS FOR STANDARD PRODUCTS:
To return a Standard Product please follow the instructions as set out in the Return section of Our Website.
2.16 RETURNS RELATED TO CUSTOMISED PRODUCTS
As explained above, since Customised Products (including Mi adidas products) are created just for you, We do not accept returns of Customised Products except for manufacturing defects. If your Customised Product has a defect please contact Us for return instructions at 0800–005073 or e-mail Our Customer Service team.
2.17 EXCHANGE POLICY
adidas does not offer a direct exchange of products. If you wish to exchange a Standard Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with Our return policy.
2.18 DAMAGED OR DEFECTIVE PRODUCTS
Quality is of paramount importance for adidas. 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 comply with the purchase agreement.
Returned Products are inspected by the adidas Quality Assurance Department. If the damage is the result of a manufacturing defect or deviation from factory specifications, the purchase price will be refunded. 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:
- Obtained from a source other than the Website
- Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
- Damaged by misuse or activities other than the intended purpose (use of running shoes for court sports or hiking footwear as work boots, etc.)
Please note the life expectancy of any adidas product depends on the individual using the product, the conditions of use, and the characteristic wear patterns of the user. Products that have been damaged by normal wear and tear, or that have exceeded their reasonable lifespan, are not replaced. Our customer service team is at your disposal. You can always contact Us with any questions or comments. Call 0800–005073 or send Us an e-mail.
3. USE OF THE WEBSITE
Please read these "Terms and Conditions for Use of the Website" carefully before using the Website and any adidas content on social media websites, including but not limited to Facebook and Twitter (collectively: the “Website”). These "Terms and Conditions for Use of the Website" apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these "Terms and Conditions for Use of the Website" in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these "Terms and Conditions for Use of the Website", please leave the Website immediately.
3.1 CONTENTS OF THE WEBSITE
All content contained or displayed on the Website, including but not limited to logos, symbols, trademarks, graphics, photographs, illustrations, moving images, sound recordings, illustrations and software (collectively: Content) is and remains the property of adidas AG, its affiliates, and its licensors or their content providers. All elements of the Website, including but not limited to the general design and content, may be protected by copyright, moral rights, database rights, trademark laws and other intellectual property laws. Except as expressly permitted under this or any other agreement with adidas, no part or element of the Website or its contents may be reproduced or distributed in any form. The Website, its content and all related rights remain the sole property of adidas AG, its affiliates or their licensors unless expressly agreed otherwise. All these rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright for all content is and will remain the property of adidas AG, its affiliates or its licensors, as appropriate. Unless otherwise stated in certain Website documents, you may view, play, print and download content that you find on the Website for your personal, informational and non-commercial use only. You may not modify or duplicate, distribute, transmit, publicly display, publicly present, reproduce, publish, license, create derivative works, transfer or sell any of the Content. You may not reuse any Content without the prior consent of adidas. These Terms prohibit the use of such Content on other websites or in networked computing environments. You may not remove any copyright, trademark or other proprietary notices regarding the intellectual property of the Content you find on the Website.
In the event that you download software (including, but not limited to, screensavers, smartphone applications, icons, videos and wallpapers) from the Website, the software, including any files, images or data embedded or generated by the software, and data accompanying the software (collectively: the Software), are licensed to you by adidas. adidas does not transfer the title to the Software to you. Even if you own the medium on which the Software is recorded/stored, adidas retains the sole rights to this Software and all related intellectual property rights. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and brand names that appear on adidas Group products, product packaging, and/or the Website, whether registered or not (the "Trademarks") remain the sole property of adidas AG, its affiliated companies or its licensors (where applicable) and are protected by applicable trademark laws and treaties. Without the prior written consent of adidas, you may not use, reproduce, copy, republish, upload, send, share, post, distribute or modify the trademarks in any manner whatsoever; this includes, but is not limited to, advertisements on or advertisements used to sell materials on the Website. The use of any of the Trademarks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external Website or the creation of links, hypertext or deep links between the Website and any other websites, is prohibited without the express written consent of adidas.
3.3 DISCLAIMER OF WARRANTIES
The Website and Content are provided free of charge and without any guarantee against defect, without any form of warranty. The information contained on the Website is for general information purposes only and does not constitute any advice or recommendation.
adidas makes no guarantee as to the accuracy, timeliness and completeness of the information and services contained on the Website, and further provides no warranty that the Website or Website server are free of viruses or other harmful components. Furthermore, adidas does not support the specific IT infrastructure or connections. As a result, adidas cannot assure and warrant that the site is free from malfunctions or defects. adidas expressly makes no representations or warranties as to the accuracy, correctness, appropriateness, usefulness, timeliness, reliability or otherwise regarding the Website Content, and in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the website is at your own risk. Neither adidas nor its employees and executives nor its agents or any other party involved in the creation, production or provision of the Website shall be liable for any direct, indirect, special, consequential or other damages resulting from the use or inability to use the Website or the Content contained on the Website, including but not limited to viruses, incorrect or incomplete information contained on the Website, damage caused by the performance of the Products, or damage otherwise arising out of or in connection with these "Use of Website Terms & Conditions", even if adidas has been advised of the possibility of such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User-Generated Content (as defined below) which infringes or may infringe on third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, an invasive of privacy, or is obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. adidas may deny you access to the Website at any time at its sole discretion, which shall include situations where adidas believes that your use of the Website is in breach of any of these "Terms and Conditions for Use of the Website" and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, adidas shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that adidas only acts as a passive conduit for the distribution of the User Generated Content and does not assume any responsibility or liability to you or to any third party for the content or accuracy of the User Generated Content. adidas shall not continuously monitor any User Generated Content published by you or adapted by other users, nor shall adidas be under an obligation to do so. Without limit to the generality of the aforementioned points, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in User Generated Content do not necessarily constitute adidas' point of view. Any use by you of User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content you send or transmit is original to you and does not copy the work of any third party or otherwise violate any intellectual property rights, the right to privacy or the personality rights of third parties, and will not contain any defamatory or disparaging remarks. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
You agree to notify adidas in writing immediately (for contact details, see "How to contact us", below) if you notice any User Generated Content (or other content) that violates these Terms and Conditions for Use of the Website. You agree to provide adidas with sufficient information to enable adidas to investigate whether such User Generated Content (or other content) disregards these Terms and Conditions for Use of the Website. adidas undertakes to do everything possible to investigate complaints and to take appropriate action at its own discretion. However, adidas does not warrant or declare that it will block or remove (in whole or in part) any such User Generated Content or other Content.
3.8 UNSOLICITED IDEAS
adidas acts on the principle that no unsolicited submissions of ideas, inventions, designs and/or other materials related to the adidas business (including but not limited to footwear, apparel, sporting goods and services) are judged or accepted, regardless of whether they consist of texts, images, sound recordings, software, information or other submissions (materials) of persons not belonging to adidas. Therefore, you should not send any materials to the Website, via e-mail or by any other means to adidas.
4.1 4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments regarding the adidas website or terms and conditions, or in the unlikely event that you wish to file a complaint, feel free to contact Our customer service at any time by clicking here.
Alternatively, you can call Us at 0800–005073 (toll-free), if you prefer.
Finally, in relation to the conclusion of a purchase contract or its execution, you can also contact Us in writing via the following address:
1101 BA Amsterdam
In case of a contradiction between adidas Terms and Conditions and any content contained in other parts of the Website or its links, the adidas Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE ADIDAS TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website 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 Website or the day you browse this Website (as applicable).
Please check the adidas Terms and Conditions periodically for changes. The current version is indicated by the last revision date, which is at the bottom of the page.
4.4 DATA PROTECTION
4.5 SEVERABILITY CLAUSE
Each provision of the adidas Terms and Conditions shall be interpreted separately and independently of the others. If any provision is deemed invalid, void or otherwise unenforceable, that shall not affect the enforceability of any of the other provisions of these adidas Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
adidas reserves the right to sub-contract, transfer, assign or contractually renew all or any of Our rights and obligations described under the 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 written permission.
4.7 EVENTS BEYOND OUR CONTROL
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.
4.8 APPLICABLE LAW AND JURISDICTION
The adidas Terms and Conditions shall be governed by the laws of The Netherlands. The contract of sale is governed by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You and adidas hereby submit to the non-exclusive jurisdiction of the Dutch courts.
4.9 INFORMATION REGARDING BATTERIES
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.
Appendix 1 of these General Terms and Conditions
Sample Withdrawal Form
adidas International Trading B.V.
c/o adidas Customer Service,
6200 AB Maastricht,
I/We* hereby revoke the contract concluded by myself/us* for the purchase of the following goods*/provision of the following service* (please describe):
Ordered On*/Received On*:
Name of Consumer(s) and Order Number(s):
Address of Consumer(s):
Date/Signature of Consumer(s) (only when notified on paper)
(*) Delete as appropriate.