ASICS Preorder & Backorder Terms & Conditions
ASICS America Corporation (“ASICS”) issues these preorder and backorder Terms and Conditions, as same may be amended, restated, supplemented and otherwise modified from time to time (the “Terms”) to govern the placing of a preorder and/or backorder and related transactions (“Preorder” or “Backorder”) with ASICS for ASICS product (“Product”). These Terms apply to any Preorder or Backorder submitted with ASICS after the effective date hereof. By submitting your Preorder or Backorder, as described in these Terms, you agree to be legally bound by these Terms.
ASICS will offer Preorders and Backorders on select Products. A Preorder is for Product that has not yet been released and is not currently available, but likely will be in the future. A Backorder is for a Product that is not currently available due to lack of stock, including due to Product delays and shipping. If a Product is available for Preorder, a badge will be included on the Product webpage indicating that the Product is available for Preorder. If the Product does not have a Preorder badge, it is not currently available for Preorder, as applicable. For Preorder product, the estimated ship date will display on the product page once a size and color are selected. If a product is out of stock, but available for Backorder, the estimated ship date will display on the product page once a size and color are selected.
1. No Obligation to Purchase or Sell.
Each Preorder or Backorder submitted by you is considered a request for a future purchase by you of Product. Until the Preordered or Backordered Product is ready for shipment, you are under no obligation to purchase that Product from ASICS, and ASICS is under no obligation to sell you that Product. These Terms and/or your submission of a Preorder or Backorder do not constitute a binding agreement for the sale of that Product to you by ASICS. Your Preorder or Backorder and/or any acknowledgement related thereto by ASICS is not: (i) an acceptance of such Preorder or Backorder by ASICS; (ii) a binding contract on the part of you or ASICS; and/or (iii) represent confirmation of the purchase, sale, pricing, delivery date, product availability, and/or the terms therein, including, but not limited to, your preferred method of shipping. Prices, quantity, discounts, dates, and other terms contained or quoted are subject to change by ASICS without prior notice to you and are subject to stock availability. Your Preorder or Backorder may not include taxes or any additional charges for transporting, shipping, insuring, specialty packaging, or marking of Product. Any changes to Preorder specifications may result in additional charges. Final confirmation of your purchase will be issued when your Preorder or Backorder has been fulfilled and shipped by, or on behalf of, the ASICS Distribution Center team. ASICS may decline or cancel any Preorder or Backorder at any time in its sole discretion. If your Preorder or Backorder is declined or cancelled, you will be notified at the contact information you provided, and your Preorder and/or Backorder payment, if any, will be refunded.
2. Preorder and Backorder Eligibility; Personal Use; No Resale.
You must be a resident of the United States or its territories to Preorder or Backorder Product. By agreeing to these Terms, you represent and warrant to ASICS that you are a resident of the United States or its territories. Further, you represent and warranty that you: (i) are Preordering or Backordering Product solely for your personal use; (ii) will not purchase a quantity of Product greater than is generally purchased by an individual for personal use; and (iii) will not resell the Product(s) to any third party, including, but not limited to, through any third party reseller platforms.
3. Preorder and Backorder Registration.
When placing a Preorder or Backorder for Product, you represent and warrant that all information provided to ASICS by you is complete and accurate, and it is solely your responsibility to keep this information current at any time by emailing email@example.com. ASICS shall have no liability for any incomplete, inaccurate, or outdated information, including, but not limited to, any delivery address provided. ASICS will provide an anticipated shipping date for the Preordered or Backordered Product when you submit your Preorder or Backorder. ASICS will update you in accordance with applicable law via email in the event that the shipping date changes. If you have any questions regarding the delivery date, please contact ASICS customer service at firstname.lastname@example.org. Any Product shipped to you shall be subject to the ASICS warranty and return programs available at www.asics.com/us/en-us/warranty-form and www.asics.com/us/en-us/return-policy, respectively, unless otherwise indicated by ASICS.
You will be requested to provide billing and payment information and method in connection with your Preorder or Backorder. You agree and consent that ASICS will maintain such information and may charge you at the method provided by you for the Preordered or Backordered Product once that Product is ready for shipment to the address you indicated. If you purchase using PayPal, you will be charged at the time of purchase. You will be sent a confirmation to the email address you provided when your Preordered or Backordered Product has shipped.
You may cancel your Preorder or Backorder at any time prior to it being ready to ship by: (i) cancelling the line item within your order history; or (ii) contacting ASICS customer service at email@example.com or (855)233-3120. ASICS may cancel your Preorder at any time.
If any provision of these Terms is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms shall be valid and enforceable to the full extent permitted by law.
ASICS reserves the right to update, amend, or modify these Terms upon written or electronic notice to you (including by posting the new Terms online). Unless otherwise provided, such modifications will take effect immediately and your continued Preorder, Backorder, purchase, or use of the Product following notice of such modifications will be deemed your acceptance of the modifications. All references to “Terms” herein shall mean references to these Terms as may be modified from time to time as provided in this Section.
10. Entire Agreement/Understanding.
These Terms, together with any referenced or applicable documentation and policies, embodies the entire agreement between ASICS and you in relation to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, representations, understandings, conditions, or agreements, either written or oral. If there is any conflict between the terms of these Terms and any other agreement, these Terms shall prevail.
All notices to ASICS under these Terms shall be in writing and may be given by personal delivery, or by overnight express to ASICS AMERICA CORPORATION, 7755 Irvine Center Drive, Suite 400, Irvine CA, 92618, Attn: Legal Department, and with an email copy to legalANA@asics.com, or at such other address as ASICS may designate by notice under these Terms. Any notice given by overnight express shall be considered given one (1) day after deposit with the overnight express carrier or on the date of delivery if by personal delivery.