Terms and Conditions

1. IDENTITY OF ASICS
1.1. In these general terms and conditions ("Terms") as well as this Website ("Website"), "ASICS" or "we" refers to ASICS Asia Pte Ltd, a company incorporated and registered in Singapore. The registered office of ASICS is located at One Raffles Place, #24-00, Singapore 048616, and our mailing address is customers-sg@asics.com. ASICS is registered in the Accounting and Corporate Regulatory Authority under registration number 201213268K.

2. APPLICABILITY
2.1. These Terms apply to the sale and purchase of ASICS products (“Product(s)”) on the Website as between ASICS and the Customer who makes such purchase (“Customer” or “You”). By placing an order with ASICS, You are accepting these Terms and are agreeing to be bound by them.
2.2. Please note, these Terms can change at any time, and it is up to You to check these Terms before ordering Products in case there are any changes.

3. PRODUCTS
3.1. The Customer can place an order for Products on the Website (“Order(s)”) at the prices indicated.
3.2. The Products will have the specifications as indicated in the product description on the Website. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Website and in the order confirmation.
3.3. 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 his correct name and address, phone number, email address, payment details and other required information;
b) provides a delivery address that is located in the Territory 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 Order is placed by clicking on the "Add to Cart" 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 Terms, 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. The Customer’s Order does not bind ASICS, but constitutes an offer made by 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 ASICS suspects are not placed in good faith
4.5. Once ASICS receives the Customer’s Order, ASICS will send an email to the Customer via the email address that Customer provided (the “Acknowledgement Email”). This will be done as soon as reasonably practical. The Acknowledgment Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Acknowledgment 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 governing the sale and purchase of the Product(s) between the Customer and ASICS (“Contract of Sale”) will only be concluded after ASICS sends the Customer an email confirming the Contract of Sale, that all or part of the Product(s) is/are still available, and that the Product(s) has/have been dispatched (the “Confirmation Email”).
5.2. ASICS will not file an accessible copy of the Contract of Sale, so the Customer is encouraged to download, save and/or print a copy of the Confirmation Email and these 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. It will be set out in the Acknowledgement Email and in the Confirmation Email.
6.2. All prices listed on the Website include Goods and Service Tax, but exclude the costs for delivery. Delivery fees will be listed separately during the finalization of the order procedure, and can vary per day and per Order.

7. MISTAKE IN PRODUCT DETAILS
7.1. If ASICS makes a mistake in the presentation of a Product, the description of the specifications thereof, or the listing of its price, and
a) it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
b) in the given circumstances, the Customer could not have reasonably expected 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. ASICS will, as soon as reasonably practicable, inform the Customer and reimburse any payments made.
7.2. Where a mistake as referenced in clause 7.1. arises, the offer of ASICS will not be valid and a contract will not be entered into between the Customer and ASICS. In such case, ASICS will not be held to deliver any Product that is ordered by the Customer, nor to reimburse the Customer for damages suffered.

8. FORCE MAJEURE
8.1. Notwithstanding any other provision in these Terms, ASICS shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event; provided however, that ASICS will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, ASICS will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond ASICS’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, acts of war, civil insurrections, national emergencies, or governmental acts. 

9. TERRITORY
9.1. ASICS will only deliver Products to addresses in Singapore ("Territory").

10. PAYMENT
10.1. Payment for Orders can take place by either of the following means:
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.

Atome Buy Now Pay Later: During the order procedure, the Customer can select Atome as preferred payment option. Customer will then be directed to Atome payment page with the option to scan to pay with Atome App or login/register to pay. The payment status will be displayed under “Bills” in Atome App, so the Customer will know directly whether or not the payment has been successful.

11. DELIVERY
11.1. ASICS shall ensure delivery of the Product to the address as included in the Order confirmation.

12. RETURN POLICY AND RIGHT OF TERMINATION
12.1. The Customer is entitled to terminate the Contract of Sale without giving any reason within 14 calendar days of: (1) the date on which all the Products ordered in a single transaction have been delivered to the delivery address specified in the Order, or (2) the date on which all the Products ordered in a single transaction have been picked up at an ASICS store. This right of termination only applies with regard to Products that were purchased via the asics.com/sg website, or any contracts entered into between ASICS and the Customer.
12.2. To exercise the right of termination, Customer must inform ASICS by submitting a return request online or at an ASICS store, or by contacting our Customer Care.
12.3. To meet the termination deadline, it is sufficient for the Customer to send his communication concerning his exercise of the right of or contact our Customer Care before the 14 calendar days has expired.
12.4. If the Customer terminates the Contract of Sale, ASICS shall reimburse to Customer all payments received from Customer, excluding the costs of delivery (with the exception of defective or wrong items sent). Subject to Clause 12.5, ASICS shall effect such reimbursement not later than 14 calendar days after ASICS has been informed about Customer's decision to terminate this Contract of Sale, or after ASICS has received the returned Product from the Customer, whichever is later. 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, ASICS will bear the fees of such reimbursement.
12.5. ASICS may withhold reimbursement until ASICS has received the Products, or Customer has supplied evidence of having sent back the Products, whichever is the earlier. Customer will receive an email notification when ASICS has finished processing Customer's return.
12.6. Customer shall send back the Products in conformity with the return procedure as stipulated in our return policy without undue delay from the day on which Customer communicates its termination of this Contract of Sale to ASICS. Unless otherwise provided by ASICS, ASICS does not assume responsibility for lost shipments.
12.7. ASICS will bear the cost of returning the Products if Customer uses the postal return service and procedure as set out in the returns policy. Otherwise, the Customer will have to bear the direct cost of returning the Products in-store.
12.8. The Customer is only liable for any diminished value of the Products resulting from the handling of the Products, other than what is necessary to establish the nature, characteristics and functioning of the Products.
12.9. 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.
12.10. There exists no right to terminate the Contract of Sale with regard to: 
a) the supply of Products made to the consumer’s specifications or Products which are clearly personalised; and
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.

13. DEFECTIVE PRODUCTS
13.1. ASICS shall deliver the Products to the Customer which Products shall be in conformity with the Contract of Sale of sale for the relevant Products ("Agreement").
13.2. If the Products purchased by the Customer do not conform to the Contract of Sale at the time the Products were delivered to the delivery address in the Order or picked up at an ASICS Store, ASICS shall be liable to the Customer, subject however to meeting the requirements for such under the applicable law.
13.3. In the case of a lack of conformity, the Customer shall be entitled to have the Agreement rescinded.
13.4. 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 receives the Product and confirms that there is a lack of conformity, ASICS will process the refund. The Customer will receive an email notification when ASICS has finished processing the return.
13.5. ASICS shall reimburse to the Customer all payments received from the Customer, including the cost of the Product and excluding 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.
13.6. ASICS shall only be liable where the lack of conformity exists at the time of delivery of the Products
13.7. 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.
13.8. To the fullest extent permitted by law, 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.
13.9. 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.
13.10. 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 of this certificate of conformity.

14. PERSONAL DATA
14.1. ASICS’ Privacy Policy is applicable. The Privacy Policy can be found on the Website under the link Privacy Policy.

15. APPLICABLE LAW
15.1. All legal relationships between ASICS and the Customer are governed by the laws of Singapore.
15.2. The contract (to which these Terms are applicable) can be entered into in the following languages: English.

16. COMPLAINTS
16.1. 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 customers-sg@asics.com and we will be happy to assist. Our normal business hours are 9:00 to 17:00 SGT, Monday until through Friday. ASICS is registered in the Accounting and Corporate Regulatory Authority under registration number 201213268K.

17. CUSTOMER EXPERIENCE PROGRAM (CXP)
17.1 The above ASICS Customer Experience Program (CXP) (“Program”) is organized by ASICS Asia Pte Ltd and ASICS Corporation (collectively referred to as “ASICS”)

17.2 In order to participate in the Program, participant (“Participant”) must be at least eighteen (18) years of age and must purchase an ASICS product in ASICS selected stores including ASICS Suntec City, ASICS Plaza Singapura, ASICS NEX, ASICS Vivo City, and, ASICS Westgate (“ASICS’ Stores”).

17.3 Participant below the age of 18 years warrants and undertakes that he/she has sought his/her parental or legal guardian consent before entry into this Program.

17.4 Participant who has purchased ASICS products and completed the Program via the following survey website [https://feedback.inmoment.com/websurvey/2/begin?gateway=LIVESingaporeWeb&Country=7&entry=2] shall be entitled to receive a discount code of five percent (5%) (“Discount Code”)

17.5 The Program commences on 4th November 2020 and shall continue until otherwise stated.

17.6 Each Participant shall be entitled to only one (1) Discount Code per receipt transaction regardless of the number of purchases made or number of entries submitted in the Program.

17.7 ASICS’s decision in respect to the Program or Discount Code shall be final and no correspondence shall be entertained.

17.8 Where applicable, the Discount Code not claimed or collected by the Participant will be irrevocably forfeited without any liability on the part of ASICS.

17.9 ASICS has sole discretion to amend the terms and conditions herein stated at any time and to exclude any person/ Participant from participating in the Program without any obligations to furnish any notice and/or reason to the person/ Participant.

17.10 By participating in the Program, Participant certifies and confirms that he or she has read and agrees to the terms and conditions provided above.

17.11Term and Condition of the Discount Code

· This Discount Code is valid for regular priced ASICS items in ASICS’ Stores.

· This Discount Code must be presented at the time of purchase in ASICS’ Stores for redemption.

· This Discount Code limits one (1) Discount Code per transaction and per person and limits to one (1) time use only.

· This Discount Code is not valid with other ongoing promotions, discounts, offers, rebates or privileges.

· This Discount Code is valid for thirty (30) calendar days starting from the date of the completion of the Program

· The Discount Code is non-transferable or exchangeable for cash or any other items and is strictly not for resale. If a Discount Code is lost, such Discount Code cannot be replaced whatsoever.

· This Discount Code is not applicable in ASICS Factory Outlets.

· The Discount Code is applicable to in-stock ASICS items and cannot be applied to past orders or purchases, shipping costs, taxes or the purchase of gift cards.

17.12 ASICS reserves the right to change these terms and conditions at any time and to invalidate the Discount Code or refuse to permit the redemption of the Discount Code where fraudulent use of the Discount Code is suspected.

17.13 Personal Data Protection

17.13.1 “Personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the ASICS has or is likely to have access.

17.13.2 When receiving the Discount Code of the Program, a Participant will provide ASICS with his or her Personal data and agree to: (i) provide true, accurate, current and complete Personal data about himself/herself and (ii) maintain and promptly update the Personal Data provided to ensure it stays true, accurate, current and complete.

17.13.3 If a Participant provides any information that is untrue, inaccurate, not current or incomplete or if ASICS has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASICS may suspend or terminate the Discount Code.

17.13.4 When receiving the Discount Code of the Program, Participants hereby consent to ASICS collecting, using and/or disclosing the Personal Data for the following purposes:

(a) to communicate with Participants for the purposes related to the collection or use of the Discount Code; and

(b) to conduct and manage the Program, including for matters relating to promotional and the marketing of the Program

17.13.5 Participant may withdraw his or her consent to the collection, use, and/or disclosure of his or her Personal Data by ASICS. However, depending on the nature of such withdrawal, a withdrawal of consent could result in the inability of ASICS from allowing Participant to receive the Discount Code. In all situations of a withdrawal, ASICS will inform Participant of the legal consequences of such withdrawal.

17.13.6 For further information on how ASICS handles Participant’s Personal data and Participant’s rights to withdraw his/ her consent, please refer to ASICS’ Privacy Policy which can be found below: https://www.asics.com/sg/en-sg/privacy-policy

17.13.7 ASICS respects Participant’s privacy and assures that Participant’s Personal data will be kept securely according to the Personal Data Protection Act 2012. If Participant has any queries, please refer to ASICS’ Privacy Policy which can be found below (whichever applicable): https://www.asics.com/sg/en-sg/privacy-policy

18. OWNERSHIP & CONTENT

18.1. Ownership. Any and all materials integrated in the Website including trademarks, logos, trade names, service marks, and trade identities of various parties, including those of ASICS and other forms of intellectual property (the "Content") and the Website itself (including past, present, and future versions) are owned by or licensed to ASICS and can only be used with prior written approval of ASICS. You may not distribute, modify, transmit, reuse, re-post, or use the Content or the Website for public or commercial purposes without ASICS' prior written approval.

18.2. License to use. Subject to your strict compliance with these Terms, ASICS grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use certain Content that ASICS, from time to time, may make available on the Website explicitly for you to use as part of or to be incorporated into your User Content (as defined below) ("ASICS Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the ASICS Licensed Elements are made available on the Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such ASICS Licensed Elements. The foregoing limited license may immediately be suspended or terminated by ASICS for any reason, in ASICS’ sole discretion, and without any advance notice and/or liability for ASICS.

18.3. User Content. ASICS may now or in the future offer Customers the opportunity to make available on or submit through the Website messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, feedback, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding ASICS Licensed Elements included therein, "User Content"). Any submission of User Content by you is at your own risk and account. The submission of User Content may be subject to additional terms that will be provided to you when submitting your User Content (“Additional Terms”). You will indemnify, defend, and hold harmless ASICS from and against any and all claims that arise from or in connection with any third-party rights in the User Content provided by you through the Website.

18.4. Reservation of All Rights Not Granted as to Content and Website. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by ASICS and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.

18.5. Disputes. You are solely responsible for your interactions with other Customers, whether online or offline. We are not responsible and/or liable for the conduct or content of any Customer. Please exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all your other online activities.

19. CODE OF CONDUCT

19.1. Violation of the Code of Conduct. You understand and agree that ASICS may review and delete any User Content that in the sole judgment of ASICS violates these Terms or which might be offensive, inconsistent with what is appropriate in our Website, illegal, or that might violate the rights, harm, or threaten the safety of Customers. The following is a list of the kind of User Content that is prohibited on the Website. ASICS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Website and terminating the membership (where applicable) of such violators. Content that violates ASICS’ "Code of Conduct" , includes but is not limited to, User Content that:

· is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
· involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming", or flooding;
· contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
· displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous;
· promotes any infringing, illegal, or other similarly inappropriate activity;
· impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
· solicits personal information from anyone; and
· engages in commercial activities and/or sales without ASICS prior written consent, including, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes.

Even though all of this is strictly prohibited, there is a small chance that Customers might become exposed to such items and each Customer further waives Customer’s right to any damages (from any party) related to such exposure.

Your use of the Website is subject to these additional rules that are part of our Code of Conduct:

19.2. Your User Content. All of your User Content either must be your content or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to ASICS (for example, if someone has taken a picture of you and your friend, and you submit that photo to ASICS as your User Content, then you must obtain your friend’s and the photographer’s permission to do so).

19.3. No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, link to embedded videos, or include other images of individuals, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit such content.

19.4. Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User Content must not submit viruses, trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Website or any computer or other device.

19.5. Others Can See. We hope that you will use the Website to exchange information and content and have venue-appropriate discussions with other Customers. However, please remember that the site pages of the Website may be public or semi-public and User Content that you submit may be accessible and viewable by other users. Do not submit personally identifying information (for example, first and last name together, password, phone number, address, social security number, credit card number, medical information, or other personally identifiable information or contact information) on public or semi-public spaces and take care when disclosing this type of information to others.

19.6. Don’t Share Other Peoples’ Personal Information. Your User Content should not reveal another person’s personal information (for example, first and last name together, address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual), unless, and in the form and by the method, specifically requested by ASICS.

If you submit User Content that we reasonably believe violates the Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Website.