Terms & Conditions
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GENERAL
1. IDENTITY OF ASICS
In these general terms and conditions as well as on the website, "ASICS" refers to ASICS Europe B.V. incorporated and registered in the Netherlands, having its corporate seat in Amsterdam (the Netherlands). The registered office of ASICS is located at Taurusavenue 165, (2132 LS) Hoofddorp (the Netherlands), email address: consommateur-fr@asics.com. ASICS is registered in the Trade Register under number 34092761, and VAT number NL-8033.24.273.B.01.
2. APPLICABILITY
These general terms and conditions apply to any and all offers of ASICS for products to be sold by the use of the website, as well as to any and all contracts between ASICS and the customer in which ASICS agrees to sell and deliver goods or services to the customer.
3. PRODUCTS
The customer can place orders via the website for the products that are shown on the website at the prices indicated.
The products will have the specifications as indicated in the product description of the website. The scope of the applicable after sales customer assistance and commercial guarantees are described on the website and in the order confirmation.
The customer has a legal guarantee of conformity for the products. If the products do not conform, the customer is entitled by law to remedies for such non-conformity.
4. ORDER PROCEDURE
4.1. A customer may place an order on the condition that the customer:
a) provides its correct name and address, phone number, email address, payment details and other required information;
b) provides a delivery address or choses an available store location for Order pickup that is located in the Territory[RH1] as defined below; and
c) is the owner or authorized holder of a valid debit/credit card to buy the products if paying with a debit/credit card.
4.2. An online order is placed by clicking on the "PAY NOW" button and proceeding to the checkout page.
4.3. The customer will be provided with an opportunity to review his order(s), read and accept the general terms and conditions, check the total price of his order(s) and the information he has provided and correct any input errors before confirming his order(s).
4.4. An order of the customer that is placed and confirmed does not bind ASICS, but constitutes an offer of the customer to purchase the relevant products in consideration for payment of the applicable prices. All orders must then be formally accepted by ASICS who may choose not to accept abnormal orders and orders which they suspect are not placed in good faith.
4.5. Once ASICS receives the confirmed order of the customer, ASICS will send an email to the customer via the email address that customer provided, which acknowledges receipt of the order(s) and setting out details of the ordered product(s). The email will be sent by ASICS as soon as reasonably practical. This email does not constitute an acceptance of the customer's order(s) – only a confirmation that ASICS has received it.
5. CONCLUSION OF CONTRACT
5.1. After receiving the customer's order(s), ASICS will check whether the relevant product(s) is (are) in stock. The contract between the customer and ASICS will only be concluded after ASICS sends the customer an email confirming the contract and confirming either shipment (shipment confirmation email) that all or part of the product(s) is/are still available and has/have been dispatched or that the order(s) is/are ready for pickup in the selected store location.
5.2. ASICS will not file an accessible copy of this contract, so customer is encouraged to download, save and/or print a copy of the order confirmation and these general terms for his records.
6. PRICES
6.1. The price that is payable for a product will be the price in effect at the time the order is placed and will be set out in the acknowledgement email and in the order confirmation email.
6.2. All prices are including Value Added Tax.
6.3. All prices listed on the website are excluding the costs for delivery, which will be listed separately during the finalization of the order procedure, and can vary per day and per order.
7. INACCURACIES
7.1. In case in the presentation of the product, the description of the specifications thereof, or the listing of the price ASICS made a mistake, and i) it should have been clear for the customer that such constituted a spelling or typesetting error, or ii) in case the customer in the given circumstances within reason could not expect that Asics would deliver, or would be able to deliver that product with those specifications for that price, then a valid contract will not be entered into.
7.2. In case of such mistake as reference in clause 7.1, the offer of ASICS is not valid and a contract will not be entered into between customer and ASICS. In such case, ASICS will not be held to deliver any product that is ordered by customer, nor to reimburse customer for damages suffered.
8. OPTION IN CASE OF DELIVERY PROBLEMS
8.1. In case ASICS discovers after conclusion of the contract that ASICS can no longer deliver the ordered products (i.e. package is lost during shipment) and is not responsible for this situation, ASICS will be entitled to terminate the contract. ASICS will, of course, inform the customer immediately and reimburse any payments made.
9. TERRITORY
9.1. Products will only be delivered by ASICS to customers in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Ireland, the Netherlands, Poland, Portugal, Spain, Sweden and United Kingdom.
10. PAYMENT
10.1 Payment for the products can take place by either of the following means:
a) Credit card (MasterCard or Visa): During the order procedure the customer should fill out his credit card number and expiry date. Customer shall ensure that the exact name is filled out as is stated on the credit card. The payment will be authorised online, so the customer will know directly whether or not the payment has been successful; or,
b) PayPal: With PayPal the customer can directly transfer the purchase price to ASICS from the bank account, credit card or PayPal account.
c) iDEAL: With iDEAL the customer can directly transfer the purchase price to ASICS from the bank account, within the trusted internet payment environment offered by customer’s bank.
11. RETENTION OF TITLE
11.1. The delivered products will remain the property of ASICS until the customer has paid all amounts owing under any agreement to ASICS in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. The customer may not sell, dispose of or encumber products before ownership thereof has passed to the customer.
12. TERM OF DELIVER
12.1. ASICS shall deliver any product ordered within 30 (thirty) days after the order confirmation was sent by ASICS to the customer.
12.2. The delivery term constitutes an indication and is not a binding term.
12.3. ASICS shall ensure transport of the product to the address as included in the order confirmation.
12.4. For “Order pickup” option the following will apply:
The customer will receive an email notification once the order is available for pick up in the selected store location;
The order will be held in the selected store for 14 days.
If the order is not picked up within 14 calendar days, ASICS will cancel the order and issue a refund using the customer’s original form of payment.
The customer is required to bring a government-issued photo ID and the order confirmation number/email to pick up the order.
13. RETURN POLICY AND RIGHT OF WITHDRAWAL
13.1. The customer is entitled to cancel or to terminate the contract within 30 working days of receipt of the relevant item on the delivery address/pick up at the selected store location.
13.2. The customer has the right to withdraw from or cancel the contract within 30 days without giving any reason.
13.3. The right of withdrawal and cancellation only apply with regard to products that were purchased via the website.
13.4. The withdrawal and cancellation period will expire after 30 days from the day, on either of the following four dates:
a) on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the goods;
b) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the last good;
c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the last lot or piece; or,
d) in the case of a contract for regular delivery of goods during a defined period of time on which customer acquires, or a third party other than the carrier and indicated by customer acquires, physical possession of the first good.
13.5. To exercise the right of withdrawal or cancellation, customer must inform ASICS Europe B.V. by an unequivocal withdrawal statement. This can be done by contacting our Customer Care, free of charge, by calling +33411950679, or by sending an email to consommateur-fr@asics.com. A model withdrawal form can be found here (insert hyperlink to model withdrawal form [Annex A]). The model withdrawal form serves as a template and is not obligatory.
13.6. To meet the withdrawal or cancellation deadline, it is sufficient for the customer to send his communication concerning his exercise of the right of withdrawal or cancellation or contact our Customer Care before the withdrawal period has expired.
13.7. If the customer withdraws from or cancels the contract, ASICS shall reimburse to customer all payments received from customer, including the costs of delivery (with the exception of the supplementary costs resulting from its choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay, and in any event not later than 14 days after ASICS has been informed about customer's decision to withdraw from or cancel this contract, or after ASICS has received the returned product from the customer, if this is at a later time. ASICS will carry out such reimbursement using the same means of payment as customer used for the initial transaction, unless customer has expressly agreed otherwise; in any event, customer will not incur any fees as a result of such reimbursement.
13.8. ASICS may withhold reimbursement until ASICS has received the goods back or customer has supplied evidence of having sent back the goods, whichever is the earliest. Customer will receive an email notification when ASICS has finished processing customer's return.
13.9. Customer shall send back the goods in conformity with the return procedure as stipulated in the return form, which was included with its order, without undue delay from the day on which customer communicates its withdrawal from or cancelation of this contract to ASICS. The deadline is met if customer sends back the goods before the period of 14 days has expired. ASICS does not assume responsibility for lost shipments.
13.10. ASICS will bear the cost of returning the goods if customer uses the return service and procedure as set out in the return form. Otherwise, the customer will have to bear the direct cost of returning the goods.
13.11. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
13.12. In order to ensure that the value of the products is not diminished ASICS urges the customer:
a) Not to damage the product;
b) Not to remove tags attached to the product;
c) Not to wear, wash, and/or alter the product.
13.13. There exists no right to withdraw with regard to: a) the supply of products made to the consumer’s specifications or clearly personalised and/or (b) the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
CONFORMITY
14.1. ASICS shall deliver the products to the customer which products shall be in conformity with the contract of sale for the relevant Products ("Agreement")
14.2. In case there is lack of conformity which exists at the time the Products were delivered, ASICS shall be liable to the customer, subject however to meeting the requirements for such under the applicable law.
14.3. In the case of a lack of conformity, the customer shall be entitled to require an appropriate reduction of the price or have the Agreement rescinded.
14.4. In case of rescission of the Agreement, ASICS may ask the customer to return the products before ASICS can process the refund. For information on how to return the product to ASICS please refer to the return form provided when the product was delivered. Once ASICS receive the product and confirm that there is lack of conformity then ASICS will process the refund. The customer will receive an email notification when ASICS has finished processing the return.
14.5. ASICS shall reimburse to the customer all payments received from the customer, including the cost of the product and delivery charges and the shipping costs for returning the product, without undue delay. ASICS will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.
14.6. ASICS shall only be liable where the lack of conformity becomes apparent within two (2) years as from delivery of the Products.
14.7. The customer must inform ASICS of the lack of conformity within a period of two (2) months from the date on which the customer detected such lack of conformity.
14.8. ASICS cannot be held liable or responsible for damage that occurs due to the fact that the product is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the product is used for another purpose than for which it was sold.
14.9. ASICS will not be liable for damage that results from the lack of conformity, to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss or business opportunities.
14.10. However, in deviation of the above, ASICS does not exclude or limit our legal liability hereunder in the event of the death or personal injury to you resulting from an act or omission of ASICS.
14.11. ASICS would like to remind you that you have legal rights under applicable national legislation governing the sale of the consumer goods and those rights are not affected by the terms and conditions of this certificate of conformity.
15. PERSONAL DATA
16. APPLICABLE LAW
16.1. All legal relationships between ASICS and the customer are governed by the laws of the Netherlands.
16.2. The contract (to which these general terms are applicable) can be entered into in the following languages: English or Dutch.
17. COMPLAINTS
17.1. If ASICS made any error with respect to the order, if the customer has complaints, or if the customer would like to contact ASICS for other reasons, please contact ASICS immediately at +33411950679 or consommateur-fr@asics.com and we will be happy to assist you. Our normal business hours are 9:00 am to 6:00 pm, Monday until through Friday.
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PROMOTION
ASICS Customer Feedback Survey Sweepstakes Rules
ASICS Customer Feedback Sweepstakes (the “Sweepstakes”) is a Sweepstakes conducted in association with the ASICS Customer Feedback Survey (the “Survey”) provided by/sponsored by ASICS Corporation (“ASICS”). No purchase is necessary to enter or win.
DURATION
The Sweepstakes will run from 10/07/23 0:00 (CET) to 06/08/23 23:59 (CET).[COdC1]It can be entered online through this link.
ENTRY
The Sweepstakes is open to all individuals (excluding Directors, officers, management, employees, other staff and the immediate family and household members of those individuals of ASICS, ASICS offices in the participant countries, sales force, agencies involved in the development of the Survey, affiliated companies and other persons involved in the Survey, anyone who provides services to ASICS – all of which are restricted from participation and from benefiting in any way from this Sweepstake) who are residents of The Netherlands, Ireland, Belgium, Spain, France, UK, or Germany at least 18 years of age or the age of majority in such individual’s state or country of residence, whichever is older, who completed the Survey prior to the end of the Sweepstakes Period (defined below).
Your entry to the Sweepstakes will be automatic after you complete the Survey, including contact information, during the Sweepstakes Period. One (1) entry per entrant.
PRIZES
3 Winners will be randomly selected by ASICS employees via software, from all valid entries and once verified will each be awarded a unique coupon of 70% discount on the value on 1 full price item of any category and any type purchased on ASICS official online website which is valid from the date of receipt up to and including 31st August 2023. The odds of winning a Prize will be determined by the number of eligible entries received.Any expenses not specifically mentioned herein are not included as part of the Prize and are solely each Winner’s responsibility. All taxes or fees on the Prize, if any, are the sole responsibility of each Winner. Each Winner bears all risk of loss or damage to Prize after it is released to Winner or after it is placed by ASICS with a third party common carrier for shipment to Winner. Prize will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. No substitution allowed, except at ASICS’ sole discretion, a prize of equal or greater value may be substituted.
General Terms and Conditions
1. The Sweepstakes is administered by ASICS Europe with its offices at Taurusavenue 165, 2132 LS Hoofddorp, Netherlands (“ASICS Europe B.V.”).
2. The Sweepstakes period runs from 10/07/23 0:00 (CET) to 06/08/23 23:59 (CET). (the “Sweepstakes Period”). Entries, including alternative methods of entry, must be received during the Sweepstakes Period to be validly included in the Sweepstakes.
3. Participants must be at least 18 years old or the age of majority in such individual’s state or country of residence (please see the list of countries above), whichever is older, at the time of entry into the Sweepstakes.
4. If entering the Sweepstakes via the Survey, participants must complete the Survey to enter. The Survey participation is free. Once the Survey is completed, entry to the sweepstake is contingent upon provision of email address for contact purposes. No purchase is necessary to enter or win the Sweepstakes.
5. If entering the Sweepstakes via the Survey, the Survey must be completed during the Sweepstakes Period. Winners will be randomly selected by ASICS employees via software from all eligible entries received before the end of the Sweepstakes Period.
6. Any entry not complying with these Sweepstakes Rules is invalid. ASICS explicitly reserves the right to refuse or remove a submission of an entry, at its sole discretion, in the event ASICS determines the Participant does not comply with all Sweepstakes Rules.
7. ASICS or its regional ASICS entity will contact the Winners within one (1) week from 06/08/23 [COdC2] about the prize draw, via the email address provided for the entry and ask to provide a valid mailing address for the sole purpose of delivering the Prize. The Winners will need to confirm the acceptance of the Prize within seven (7) working days to confirm the acceptance of the Prize. In the event that ASICS cannot for any reason get in contact with a winner, or a winner rejects or does not confirm its acceptance, via email, to the initial communications within seven (7) working days, ASICS reserves the right to select another winner by means of same winner selection process.
8. In case the Winner rejects the Prize after the acceptance, he or she shall bear any administrative costs incurred by ASICS and the cancellation fees/change of name fees. For the avoidance of doubt, there are no cash prizes or any other alternatives.
9. In ASICS’ sole discretion, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential Winner’s failure to respond to notification promptly upon receipt; (2) a potential Winner’s failure to provide ASICS with satisfactory proof of age, identity and residency; and (3) any other non-compliance with the Sweepstakes Rules.
10. No cash redemptions or Prize substitutions allowed. The Prizes, or any unused portion thereof, cannot be returned, are non-transferable or exchangeable and cannot be taken as cash.
11. If for any reason any aspect of the Sweepstakes event is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of ASICS, ASICS reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or invalidate any affected entries, subject to the approval of the relevant government authorities, if required.
12. ASICS reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or operation of ASICS or to be acting in violation of these Sweepstakes Rules or in an unsportsmanlike or disruptive manner or entering or attempting to enter the Sweepetakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries.
13. ASICS’ decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes and are not open for discussion with ASICS.
14. ASICS (including its group companies, their officers, directors, employees and agents) shall not be liable (including for negligence) for any personal injury or any loss or damage otherwise arising out of or in connection, directly or indirectly, with this Sweepstakes, the Prize(s) or technical difficulties or equipment malfunction (whether or not under ASICS’s control).
15. Except for any liability that cannot be excluded by law, by participating in the Sweepstakes, all participants agree to release and hold harmless ASICS, its subsidiaries, affiliates, partners, agents, successors, assigns, each of their officers, directors, employees and agents, from and against any claim or cause of action, including, but not limited to, (a) Prize claims that contain inaccurate information or do not comply with or violate these Sweepstakes Rules; (b) Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) participants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the participant to accept the Prize for any reason; (f) if a Prize cannot be awarded due to cancellation, delays or interruptions due to Act of God, natural disasters, terrorism, pandemic, weather or any other similar event beyond ASICS’s reasonable control; or (g) any damages, injuries or losses of any kind caused by the Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of the Prize or resulting from participating in the Sweepstakes or prize related activities.
16. ASICS will not respond to any inquiries regarding individual’s Sweepstakes status or result. In case of any other inquiries or complaints about the Sweepstakes, please send an email to compliance-eu@asics.com.
17. ASICS reserves the right to modify these Sweepstakes Rules at any time without prior notice for the sole purpose of ensuring the good execution of the Sweepstakes, with no detrimental effect on the participants.
18. These Sweepstakes Rules shall be governed by and be interpreted in accordance with the laws of The Netherlands and any disputes arising out of the Sweepstakes shall be subject to the exclusive jurisdiction of the courts of the Amsterdam.
PRIVACY NOTICE
ASICS respects your privacy and is committed to protecting your personal information. ASICS processes your privacy information in accordance with the applicable privacy legislation and ASICS Privacy Policy.
What personal information do we collect for the Sweepstakes?
ASICS collects your personal information for the purpose of running the Sweepstakes. Personal information ASICS collects from you who entered the Sweepstakes includes your name, your gender, your address, your telephone number, and your email address.
For more information on how ASICS handles your personal information, please kindly refer to the ASICS Privacy Policy https://corp.asics.com/en/p/privacy-policy.
[COdC1]Update
[COdC2]update