Order in Store Terms of Sale (U.S.)

Effective Date: November 12, 2019.  

 

This is a contract that limits your rights and our obligations and requires arbitration of disputes and waiver of trial and class action rights.  Read it before proceeding.

 

1. IDENTITY OF ASICS

 

1.1. In these Order In Store terms of sale (“Terms of Sale”) "ASICS" or "we" refers to ASICS America Corporation incorporated and registered in California. The registered office of ASICS is located at 80 Technology Drive., Irvine, CA 92618, email address: CustomerCare-US@ASICS.com

 

2. APPLICABILITY

 

2.1. These Order In Store Terms of Sale apply to products purchased through an ASICS device in an ASICS store in the Territory (defined below) ("Order In Store" or "OIS") (“Service”). OIS transactions are facilitated by accessing and using our e-commerce website and additional terms and conditions apply with respect thereto, which are available here.  (“Terms and Conditions”), and are incorporated herein by reference. In the event of a conflict between these Terms of Sale and the Terms and Conditions, the Terms of Sale will govern the OIS transaction.  By placing an OIS order with ASICS, you are agreeing and accepting these Terms of Sale, the Terms and Conditions and consent to our practices as set forth in our Privacy Policy available here.    

 

2.2. Please note, these Terms of Sale can prospectively change at any time, and it is up to you to check these Terms of Sale and related terms and policies each time before ordering products in case there are any changes.

 

2.3. Additional terms (“Additional Terms”) may apply to particular products or delivery options, which will be presented as part of the order process. In the event of a conflict between these Terms of Sale and applicable Additional Terms, the Additional Terms shall govern.

 

3. PRODUCTS

 

3.1. The customer can place an Order In Store via the OIS ASICS device in an ASICS store for the products that are shown on the ASICS device at the prices indicated.

 

3.2. The products will have the specifications as indicated in the product description on the screen of the OIS ASICS device. The scope of the applicable after sales customer assistance and commercial guarantees are described in these Terms of Sale , in the returns information, and in the order confirmation.

 

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 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 OIS 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 the order(s), read and accept the general terms and conditions, check the total price of the order(s) and the information the customer has provided and correct any input errors before confirming the 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 which, as permitted by applicable law, shall have the right to refuse or cancel any orders in its sole discretion.  

 

4.5. ASICS will confirm an order of the customer by sending an email to the customer via the email address that customer provided, which acknowledges receipt of the order(s) and sets 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 shipment (shipment confirmation email) that all or part of the product(s) is/are still available and has/have been dispatched.

 

5.2. Customers are encouraged to download, save and/or print a copy of their order confirmation and these Terms of Sale, the Terms and Conditions, and the Privacy Policy for their records. The confirmation email you receive will serve as a receipt and transaction record and will have links to these Terms of Sale, our Terms and Conditions, and our Privacy Policy that you can click on to download, save or print. Our Terms of Sale, Terms and Conditions, and Privacy Policy may change from time to time. In the event that they do and the version that applied at the time of your transaction is no longer available online, you may request that ASICS send you a copy of the Terms of Sale, Terms and Conditions, and/or Privacy Policy that was applicable to your transaction by contacting us here and requesting a copy of such documents as of the date you specify. 

 

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. Subject to applicable law, we have the right to reject offers to purchase where a pricing error was inadvertently posted.

 

6.2. Applicable sales tax will be added to the base price of the product.

 

6.3. All prices listed on the screen of the OIS ASICS device 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. Product Specifications; Pricing; Typographical Errors

 

7.1. We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, ASICS shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from ASICS is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.

 

8. DELIVERY 

 

8.1. Shipping information is available here. Additional Terms may apply. 

 

8.2. In case ASICS discovers after conclusion of the contract that ASICS can no longer deliver the ordered products, ASICS will be entitled to terminate the contract. ASICS will, of course, inform the customer immediately and reimburse any payments made.

 

8.3. Risk of loss, destruction of, or damage to ordered products shall be ASICS’ until delivery of the product(s) to a common carrier (e.g., UPS, FexEd, USPS). Thereafter, title shall pass to you as the buyer and you will be fully responsible, and shall hold ASICS harmless, for and assume all risk of loss, destruction of, or damage to any ordered product(s).   

 

9. TERRITORY

 

9.1. Products will only be delivered by ASICS to customers in the United States (“U.S.”) and in U.S. territories (including Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Island and American Samoa), protectorates, and military bases ("Territory").

  

10. PAYMENT

 

10.1. Payment for the products order can take place by debit card, credit card, and/or mobile payment providers that are accepted at the applicable store, which may vary from store to store and from time to time. 

 

11. RETURN POLICY 

 

11.1. Information regarding our return policy is available here. Additional Terms may apply. 

 

12. DISCLAIMER OF WARRANTIES AND DAMAGES – SERVICE 

 

12.1. Your use of the Service is at your own risk. The Service (including all content and functions made available on or accessed through the Service) is provided "as is." To the fullest extent permissible by applicable law, ASICS disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement, except as set forth below in WARRANTY-DEFECTIVE PRODUCT CLAIMS. 

13. WARRANTY-DEFECTIVE PRODUCT CLAIMS 

13.1. At ASICS we stand behind our products and are happy to assist you if you have any issues with the quality or performance of our gear.

13.2. ASICS provides a one-year warranty on any manufacturing defects for footwear and six months for apparel and accessories from the date of purchase that were purchased from ASICS or an ASICS authorized retailer. ASICS warranty program does not cover any defects due to improper fit, normal wear and tear, damage due to misuse, alteration to the product, or negligence. 

13.3. Limited Warranty: ASICS warrants that its footwear products will be free from manufacturing defects for one year from the date of purchase and its apparel and accessories products will be free from manufacturing defects for six months from the date of purchase. This warranty applies only to ASICS products that were purchased from ASICS or an ASICS-authorized retailer, unless otherwise prohibited by law. ASICS products are legitimately sold only by authorized sellers who are required to follow ASICS’ policies and procedures. ASICS reserves the right to reject warranty claims from purchasers related to products purchased from unauthorized sellers, including unauthorized Internet sites. This warranty does not cover any defects due to improper fit, normal wear and tear, damage due to misuse, alteration to the product, or negligence.

Purchasers of products who wish to make a warranty claim based upon a product defect should submit a claim to ASICS via the form available here. ASICS will repair or replace a defective product that is covered by this limited warranty or will refund the purchase price of the product.

There are no warranties which extend beyond those indicated herein.  Any implied warranties that may be applicable to the products, including implied warranties of merchantability or fitness for a particular purpose, are limited in duration to the duration of this warranty.   Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances shall ASICS be liable for any special, incidental, or consequential damages based upon breach of this limited warranty, breach of contract or strict liability. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

14. PERSONAL DATA

 

14.1. ASICS’ Privacy Policy is applicable and by submitting your personal information to use you consent to our practices as set forth in our Privacy Policy available here. The Privacy Policy can also be found on the Asics website under the link Privacy policy.

 

15. APPLICABLE LAW & DISPUTE TERMS

 

15.1. Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. 

 

15.2 Arbitration of Claims and Class Action Waiver. To the fullest extent permissible by law, with the exception of disputes pertaining to ASICS’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and ASICS arising under these Terms of Sale shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 15.2 shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and we agree that we intend that this Section 15.2 satisfies the "writing" requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to ASICS. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, ASICS shall pay the costs and fees of JAMS and the arbitrator. ASICS agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

 

15.3. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF SALE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

 

16. NOTICES, QUESTIONS AND CUSTOMER SERVICE 

 

16.1. You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us.  All legal notices to us must be sent to: 80 Technology Drive., Irvine, CA 92618. If you have a question, you may contact ASICS Customer Care by sending an email here or calling us at (855) 233-3120.  You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms of Sale or any applicable additional terms.

 

17. CALIFORNIA NOTICES 

 

17.1.  California residents can obtain information on our privacy practices here.

 

17.2.  In accordance with California Business and Professions Code Section 17538 et al., ASICS’ return policy is available here. The legal name under which ASICS conducts business is ASICS America Corporation, and ASICS’ business address is 80 Technology Dr., Irvine, CA 92618. Upon ASICS’ receipt of your request, California residents may receive verification of this information by email by contacting us at CustomerCare-US@ASICS.com

 

17.3.  Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254.  Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.  Their website is located at: http://www.dca.ca.gov.

 

17.4  In accordance with California Civil Code 1714.43, ASIC’s supply chain notice is available here.  

 

//End Terms of Sale//

 

© ASICS 2019.  All Rights Reserved.