Terms & Conditions
Terms & ConditionsMARKETPLACE PRODUCT TERMS (ADIDAS AND REEBOK ONLY)
When you select a product on the Website that will be sold to you directly by Adidas or Reebok (“Marketplace Product”), you will be notified of this ahead of your purchase and the contract of sale will be between you and Adidas (UK) Limited (company number 1075951 and registered office at Pepper Road, Hazel Grove Stockport, Cheshire, SK7 5SA) (“Adidas”).
We sell some Adidas and Reebok products to you directly and where that is the case, these terms will not apply and your contract of sale will be between you and the Seller, in accordance with its terms and conditions.
The Seller’s terms and conditions of sale will still apply to the purchase of Marketplace Products, with the following differences:
- Contract formation
- To enter into a contract with Adidas, you must fulfill the following requirements:
- You must be above 16;
- You must not be a reseller; and
- You must guarantee that all information given is accurate.
- All information regarding Marketplace Products on the Website is an ‘invitation to treat’ only and is not an offer for sale or a binding contract. You placing an order is an offer to Adidas to purchase the listed Marketplace Product(s), which is subject to acceptance by Adidas. Adidas are entitled to verify or refuse to accept an order without providing reasons and with no liability to you or any third parties.
- Acceptance of your order and formation of a contract of sale between you and Adidas will not take place unless and until you receive confirmation that the Marketplace Product(s) have been shipped to you.
- If Adidas do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
- Adidas may choose not to accept your order at their own discretion. Examples of when they may not accept your order are as follows:
- If Marketplace Product(s) are shown on the Website but are not or no longer available.
- If we are unable to obtain authorisation of your payment.
- If shipping restrictions apply to Marketplace Product(s).
- If Marketplace Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown.
- If Adidas are unable to process your order due to technical reasons.
- If Adidas know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
- In the event that Adidas do not accept (part of) your order, Adidas shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation Adidas will provide you with a refund for the amount paid to Adidas under the cancelled (part of the) order.
- Adidas reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for any of the reasons set out at Clause 1(e)(i)-(vi) above. Following the cancellation, Adidas will provide you with a refund for the amount paid to Adidas under the cancelled (part of the) order.
- To enter into a contract with Adidas, you must fulfill the following requirements:
- Retention of Title
- Until you have paid all amounts owed to Adidas in full, the Marketplace Product(s) will remain the property of Adidas and you may not sell, dispose of or claim any right against the Marketplace Product(s) until all outstanding amounts have been paid to Adidas and full title in the Marketplace Product(s) has passed to you.
- Maintenance of products
- Adidas draws your attention to the washing and maintenance instructions printed on the labels of any Marketplace Product(s). Adidas are not liable for any damage resulting from the user’s incorrect handling of Marketplace Product(s) or not following the washing and maintenance instructions.
- Liability for damage/defective goods
- Returned Marketplace Product(s) are inspected by the Adidas Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. Adidas 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 Marketplace Product(s) will be returned to you. Adidas do not refund Marketplace Product(s):
- obtained from a source other than the Website;
- that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
- that have been damaged by misuse or activities other than the intended purpose (e.g. use of running shoes for court sports or hiking footwear as work boots, etc.).
- Please note the life expectancy of Marketplace Product(s) depends on the individual using it, the conditions of use, and the characteristic wear patterns of the user. Damage resulting from normal wear and tear or where the reasonable lifespan of the Marketplace Product(s) has been exceeded are not replaceable or refundable.
- Payment methods
- When purchasing a Marketplace Product(s), this will be done through the third party payment processor Stripe Payments Europe Limited.
- Standard delivery is the only delivery method available for Marketplace Product(s).
- Statutory Right of Withdrawal
- You have the right to withdraw from your contract with Adidas within fourteen (14) days without giving any reason. Note that this right of withdrawal does not apply to Marketplace Product(s) not suitable to be returned for health or hygiene reasons and where a seal has been removed after delivery.
- The fourteen (14) day period shall start from the date you, or a third party named by you (who is not the courier), takes possession of the Marketplace Product(s), or, upon the delivery date of the final Marketplace Product(s) (where your order contained multiple products to be delivered separately) (“Withdrawal Period”).
- To implement your right of withdrawal, you must notify the Seller of this in writing before expiry of the Withdrawal Period by contacting Customer Services (“Withdrawal Notice”).
- You must send the Marketplace Product(s) in suitable packaging immediately after, but in any event no later than, fourteen (14) days from the date of the Withdrawal Notice, in accordance with the Adidas returns and withdrawal policy.
- As long as you comply with clauses 7(c) and (d) above, Adidas shall reimburse all payments received from you, including delivery charges (provided the returned product(s) represent(s) the complete order), within fourteen (14) days from the date of the Seller receiving the Withdrawal Notice. Adidas shall use the same method of payment used making the original transaction, unless Adidas arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. Adidas may withhold reimbursement until it has received the returned Marketplace Product(s), or until you have submitted proof that you have returned the Marketplace Product(s), whichever comes earlier.
- Where Adidas finds, upon inspection of the returned Marketplace Product(s), that improper handling by you or a third party on your behalf, has reduced its value, you shall pay for any diminished value of the Marketplace Product(s).
- Voluntary Return Guarantee (in addition to your Statutory Right of Withdrawal)
- In addition to and without affecting your right of withdrawal (and any other applicable statutory rights), Adidas grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional sixteen (16) days beyond the Withdrawal Period, so a total return period of thirty (30) days (“Voluntary Return Period”) is given as a contractual right of withdrawal.
- Adidas offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of Adidas’s returns and withdrawal policy.
- The Marketplace Product(s) must not have been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed (none of the aforementioned affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal).
- Adidas must be in receipt of the Marketplace Product(s) you are returning prior to the end of the Voluntary Return Period (which shall be thirty (30) days from the delivery date of your Marketplace Product(s), or the delivery date of your final Marketplace Product(s), where your order contained multiple products to be delivered separately).
- Adidas reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Marketplace Product(s) that do not comply with these terms.
- If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with Adidas’s returns and withdrawal policy and these terms, Adidas will reimburse all payments from you, including delivery charges (provided the returned Marketplace Product(s) represent the complete order, within fourteen (14) days after receipt of the Marketplace Product(s). For this repayment Adidas shall use the same method of payment that you used making the original transaction, unless Adidas arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.
- Links about how to return your Marketplace Product(s) can be found below. If you need any further assistance or help, please contact the Seller’s Customer Services team in the first instance.
- No exchanges are available for Marketplace Product(s).
- Gift cards
- Gift cards cannot be used for Marketplace Product(s).
- Subcontracting and assignment
- Adidas reserves the right to sub-contract, transfer, assign or novate all or any of their rights and obligations under these terms and conditions provided that your statutory rights are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without Adidas’s consent in writing.
- Where there is a conflict between these terms and the Seller’s terms and conditions, these terms will apply.
- Each clause within these terms will interpreted separately and independently from the others. If any clause is considered invalid, void or otherwise unenforceable, it shall be removed from these terms and will not affect the enforceability of the other clauses in these terms.
- Applicable Law & Jurisdiction
- These terms will be governed by the laws of The Netherlands. Dutch law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable statutory rights under the law of your country of residence.
- You may bring any dispute which arises under these terms and conditions, to either the competent court of Amsterdam, the Netherlands, or to a competent court of your country of habitual residence (for EU member states only), at your discretion. Adidas shall bring any dispute which may arise under these terms and conditions to the competent court of the your country of habitual residence (EU Member States only) or otherwise the competent court of Amsterdam, the Netherlands.
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- Contract formation
- Terms & Conditions