Terms & Conditions

1. IDENTITY OF ASICS 

In these general terms and conditions as well as on the website [https://www.asics.com] (hereinafter, "Website"), "ASICS", "we", or "our" 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). ASICS is registered in the Dutch Trade Register under number 34092761, Dutch VAT number NL-8033.24.273.B.01, and South African VAT number 4590265833. 

2. APPLICABILITY 

These general terms and conditions apply to any and all purchase contracts between ASICS and you, the customer, which are concluded via the Website operated by ASICS. 

3. PRODUCTS 

You can place orders via the Website for the Products (meaning any goods, including footwear, apparel, and accessories) 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. These commercial guarantees are in addition to, and do not replace your statutory rights according to applicable law.  

You have a legal guarantee of conformity for the Products. If the Products do not conform, you are entitled by law to remedies for such non-conformity. 

4. ORDER PROCEDURE 

4.1. You may place an order on the condition that you: 

a) provide your correct name and address, phone number, email address, payment details and other required information; 

b) provide a delivery address or choose an available store location for Order pickup that is located in the Territory as defined below; and 

c) are the owner or authorized holder of a valid payment method accepted on the Website (including debit/credit card or ApplePay) to buy the Products. 

4.2. An online order is placed by clicking on the "ORDER & PAY" button. 

4.3. You will be provided with an opportunity to review your order, read and accept the general terms and conditions, check the total price of the order(s) and the information you have provided and correct any input errors before confirming your order. You will also be provided with an opportunity to withdraw from the transaction before finally placing any order.  

4.4. Once you place an order and it is confirmed, it does not bind ASICS, but it constitutes an offer from your part to purchase the relevant Products in consideration for payment of the applicable price. All orders must then be formally accepted by ASICS, when ASICS sends you a shipment confirmation email (as defined below), in order to be binding. ASICS may choose at its sole discretion not to accept orders which ASICS considers abnormal and orders which ASICS suspects have not been placed in good faith. 

4.5. Once ASICS receives your confirmed order, ASICS will send you an email via the email address that you provided, which acknowledges receipt of the order(s) and setting out details of the ordered Product(s) (acknowledgement email). The acknowledgement email will be sent by ASICS as soon as reasonably practical. This email does not constitute an acceptance of your order – only a confirmation that ASICS has received your offer to purchase a Product. 

5. CONCLUSION OF CONTRACT 

5.1. After receiving your order(s), ASICS will check whether the relevant Product(s) is/are in stock. The contract between you and ASICS will only be concluded when ASICS sends you an email either confirming 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 at the selected store location.   

5.2. ASICS will not file an accessible copy of the contract, so you are encouraged to download, save and/or print a copy of the order confirmation and these general terms for your records. 

6. PRICES 

6.1. Subject to Section 7 below, the price that is payable for a Product will be the price in effect, as stated on the Website at the time the order is placed and will be set out in the acknowledgement email and in the shipment confirmation email.  

6.2. All prices are inclusive of value added tax as levied in terms of the Value-Added Tax Act 89 of 1991, as amended. 

6.3. All prices listed on the Website exclude the costs for delivery, which will be shown during the finalisation of the order. Delivery costs may vary per order. 

7. INACCURACIES 

The Website contains a large number of Products and it is possible that, despite our best efforts, some of the Products listed therein may be incorrectly described (spelling errors) or priced. We normally verify prices as part of our internal procedures so that, where a Product's correct price is less than the price stated on the Website, we will charge you the lower amount. If a Product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. If we reject your order after payment has been made, we will refund any amount paid for the relevant Product.  

Moreover, there might be instances where a Product appears as available for purchase on the Website despite being out of stock. This situation can arise due to low inventory levels of a particular Product, leading to multiple individuals attempting to order the last few items simultaneously. In such circumstances, we typically decline your order and inform you of the rejection. If payment has already been made, we will refund any amount paid for the relevant Product.  

Additionally, please note that we also have systems in place to identify potentially fraudulent orders. In such cases of fraud suspicion, we also reject orders and notify you accordingly. Where payment has already been made, we will refund any amount paid for the affected Product unless we are legally entitled to withhold payment due to fraud or other unlawful conduct.  

8. OPTION IN CASE OF DELIVERY PROBLEMS 

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 and you will be entitled to terminate the contract. ASICS will, of course, inform you immediately and reimburse any payments made. 

9. TERRITORY 

The Products are only delivered by ASICS within South Africa (“Territory”) 

10. PAYMENT 

Payment for the Products can take place by either of the following means: 

a) Credit card (MasterCard or Visa or Amex): During the order procedure you should fill out your credit card number and expiry date. You shall ensure that the exact name is filled out as is stated on the credit card. The payment will be authorised online, so you will know directly whether or not the payment has been successful; or 

b) ApplePay 

11. RETENTION OF TITLE 

The delivered Products will remain the property of ASICS until you have paid to ASICS all amounts owed for the delivered Products, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber Products before ownership thereof has passed to you. 

12. TERM OF DELIVERY 

12.1. ASICS shall deliver any Product ordered within 30 (thirty) days after the order confirmation was sent by ASICS to you. 

12.2. The delivery term constitutes an estimate and is not a fixed term. ASICS will use reasonable efforts to deliver within the stated timeframe.  

12.3. ASICS shall ensure transport of the Product to the address as included in the order confirmation. 

12.4. For ASICS Store “Order pickup” option the following will apply: 

1. The customer will receive an email notification once the order is available for pick up in the selected store location;
2. For ASICS the order will be held for 14 calendar days in the selected store.

1. If the order is not picked up from the relevant ASICS store within 14 calendar days, ASICS will cancel the order and issue a refund using your original form of payment.

12.5. For pickups at a carrier pickup point:  

1. If the order is not picked up by the deadline indicated by the carrier, then ASICS may cancel the order, and ASICS will issue you a refund to the same payment method used for the order. 
2. You may be liable for the cost of the return shipment.

For all pick-up options, you are 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. You are entitled to withdraw from the purchase contract within 30 days, without giving any reason. The withdrawal period expires 30 days from: 

1. the day on which you acquire or a third party other than the carrier and indicated by you acquires physical possession of the Products; or
2. in the case of a contract relating to multiple Products ordered by the consumer in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the Products;
3. in the case of a contract relating to delivery of a Product consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece; or,

13.2. The right of withdrawal only applies with regard to Products that were purchased via the Website.  

13.3. To exercise the right of withdrawal, you must inform ASICS by an unequivocal withdrawal statement. This can be done by contacting our Customer Care, free of charge, by calling or by sending an email to the customer care team in the relevant country. The contact details for each country can be found in the ANNEX under the Heading "Local Contact Details". A model withdrawal form can be found here. The model withdrawal form serves as a template and is not obligatory. 

13.4. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal or contact our Customer Care before the withdrawal period has expired. 

13.5. If you withdraw from the contract, ASICS shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your 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 your decision to withdraw from or cancel this contract, or after ASICS has received the returned product from you, or a confirmation that the products have been sent (pursuant to Section 13.8), if this is at a later time. ASICS will carry out such reimbursement using the same means of payment that were used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

13.6. ASICS may withhold reimbursement until we have received the Products back or customer has supplied evidence of having sent back the Products, whichever is the earliest. You will receive an email notification when ASICS has finished processing your return. 

13.7. You shall send back the Products in conformity with the return procedure as stipulated in the return form and these terms, which was included with its order, without undue delay from the day on which you communicate your withdrawal from this contract to ASICS. The deadline is met if you send back the Products before the period of 14 days has expired. For the avoidance of doubt, ASICS does not assume responsibility for lost shipments which you return by means other than those set out in the return procedure stipulated in the return form. 

13.8. ASICS will bear the cost of returning the Products if you use the return service and procedure as set out in the return form. Otherwise, you will have to bear the direct cost of returning the Products with a carrier of your choice. This does not apply where ASICS is required by applicable law to bear the return cost, including where Products are returned because they are defective, unsafe or non-conforming.  

13.9. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. To the extent permissible under applicable law ASICS may deduct the diminished value from your refund.  

13.10. 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. 

* for OneASICS members that will make use of the 90-day trial on footwear and apparel purchased in a physical store or via the Website, these requirements do not apply. Please refer to the OneASICS Terms and Conditions that can be found here. 

The requirements in this Section 13.10 apply to return under ASICS' withdrawal/return policy and do not limit your statutory rights in respect of defective, unsafe or non-conforming Products.  

13.11. The right to withdraw is excluded with regard to: a) the supply of Products made to your 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. 

14. CONFORMITY 

14.1. ASICS shall deliver the Products to you which Products shall be in conformity with the contract of sale for the relevant Products and with any applicable statutory standards under applicable law. 

14.2. In case there is lack of conformity within the meaning of the applicable law which exists at the time the Products were delivered, ASICS shall be liable to you, 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 that the Products are repaired or replaced or any amount paid by the customer is refunded. If ASICS would not be able to do so, the customer shall be entitled to require an appropriate reduction of the price or have the contract rescinded, to the extent that this does not limit any statutory remedy available to you under applicable law. 

14.4. In case of rescission of the contract, ASICS may ask you 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 procedure found on the ASICS Website.  Once ASICS receives the Product and objectively confirms that there is lack of conformity then ASICS will process the refund, provided that the value of the Products has not been diminished as a result of the handling of the Products by you other than what is necessary to establish the nature and functioning thereof. This does not limit any right you may have under applicable law to return defective, unsafe or non-conforming Products without penalty and at ASICS' risk and expense. You will receive an email notification when ASICS has finished processing the return. 

14.5. ASICS shall reimburse to you all payments received from you, 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 you used for the initial transaction, unless expressly agreed otherwise; in any event, you 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 six (6) months as from delivery of the Products. 

14.7. To the extent permitted by applicable law, 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, improper or excessive use, or if the Product is used for another purpose than for which it was sold. 

14.8. To the extent permitted by applicable 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 and/or loss of business opportunities. 

14.9. Notwithstanding the above, nothing in these terms and conditions shall exclude or limit ASICS’ liability for death or personal injury resulting from an act or omission of ASICS, or any other liability that cannot be excluded or limited under applicable law. 

14.10. ASICS would like to remind you that you have legal rights under applicable national legislation governing the sale of consumer Products and those rights are not affected by these terms and conditions. 

15. PERSONAL DATA 

ASICS' Privacy Policy is applicable. The Privacy Policy can be found on the website or can be accessed via this link. 

16. APPLICABLE LAW 

16.1. All legal relationships between ASICS and you are governed by the laws of the Netherlands, without limiting any mandatory statutory consumer protection rights afforded to you under the laws of the Republic of South Africa. 

16.2. All claims between ASICS and you shall be submitted to the non-exclusive jurisdiction of the courts of the Netherlands. Alternatively, you or ASICS may also submit to the courts in the country of the consumer's residence. 

17. COMPLAINTS AND CONTACT DATA 

If ASICS made any error concerning the order, if you have complaints, or you would like to contact ASICS for other reasons, please contact ASICS immediately and we will be happy to assist you. Contact details are available in the ANNEX under the heading "Local Contact Details". Our normal business hours are 9:00 am to 6:00 pm, Monday through Friday.  

18. PRE-ORDER PROCESS 

Provided that this service is available, the following terms and conditions will apply. 

18.1. Pre-order is the process by which you can order a Product in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products: 

a) Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the Product description page on the Website. 

b) By placing a pre-order, you are making an offer to purchase the Product. The acceptance of your offer is subject to Product availability. 

c) We reserve the right to refuse or cancel any pre-orders for an objectively motivated reason that is not based only on our sole discretion. In such cases, we will refund any payments received for the pre-order. 

18.2. Pricing and Payment 

The price for the pre-ordered Product is as stated on the Website at the time of placing the pre-order. Payment of pre-order will be authorised at the time of placing the order. Payment for pre-orders is processed at the time of shipping your order. 

You agree to the price of the Product at the time you place your pre-order. As such, any subsequent changes to the price of the Product after placing your pre-order shall be disregarded. 

18.3. Delivery 

Pre-ordered Products are aimed to be delivered before the retail launch date. Standard delivery timelines will apply from the moment the pre-ordered Product is available in our warehouse. This information is a best estimate only, timelines are not binding. 

The scheduled retail launch date (Product launch) for your pre-ordered Product can be found in the Product description page on the Website. The estimated delivery timeframe for pre-ordered Products is provided on the Website. However, this is an estimate and is subject to change. 

We are not liable for any delays or failure to deliver within the estimated timeframe. You will be notified once the Product is ready for dispatch, and it will be shipped to the address provided during the pre-order process. 

18.4. Changes and Cancellations 

You may cancel your pre-order at any time before the last three (3) days before the date of your estimated delivery date. If the price has been charged at the time you cancel your order, you will receive a full refund. The full refund will be processed within 14 days after ASICS has been informed about your decision to cancel the contract. 

Once your Product is received, our general return policy and right of withdrawal apply. 

18.5. Conformity  

Our standard Conformity policy, as stated in the General Terms & Conditions, applies to pre-orders. 

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website and will apply to orders placed thereafter. It is your responsibility to review these Terms periodically for changes. 

By placing a pre-order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. 

19. BACK-ORDER PROCESS 

Provided that this service is available and due to the nature of back-ordering, the following terms and conditions will apply. 

19.1. By placing a back-order, you are expressing your intent to purchase a Product that is currently out of stock. Acceptance of your back-order is subject to Product availability. 

We reserve the right to refuse or cancel any back-orders for any objectively motivated reason that is not based solely on our sole discretion. In such cases, we will refund any payments received for the back-order. 

19.2. Pricing and Payment 

The price for the back-ordered Product is as stated on the Website at the time of placing the back-order. Payment for back-orders is processed at the time of shipping your order. 

You agree to the price of the Product at the time you place your back-order. As such, any subsequent changes to the price of the Product after placing your back-order shall be disregarded. 

19.3. Availability and Delivery 

The estimated availability timeframe for back-ordered Products is provided on the Website. However, this is an estimate and is subject to change. We are not liable for any delays or failure to deliver within the estimated timeframe. 

You will be notified once the back-ordered Product is ready for dispatch, and it will be shipped to the address provided during the back-order process. 

19.4. Changes and Cancellations 

You may cancel your back-order at any time before the last three (3) days before the date of your estimated delivery date. If the price has been charged at the time you cancel your order, you will receive a full refund. The full refund will be processed within 14 days after ASICS has been informed about your decision to cancel the contract. 

We may make changes to the Product, including specifications and features, before it is dispatched. If such changes are significant, we will notify you and give you the option to cancel your back order and receive a full refund. 

Once your Product is received, our general return policy and right of withdrawal apply. 

19.5. Conformity 

Our standard Conformity policy, as stated in our General Terms & Conditions, applies to back-orders. 

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website and will apply to orders placed thereafter. It is your responsibility to review these Terms periodically for changes. 

By placing a back-order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. 

20. FORCE MAJEURE 

We shall not be responsible for damages or for delays in the performance of our obligations resulting from events beyond our reasonable control (''Event'' or ''Events''), including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks, inability to secure raw materials, delays in transportation, fuel or energy shortages, or acts or omissions of other common carriers. 

If such an Event takes place that affects the performance of our obligations, we will notify you as soon as reasonably possible. Our obligations under these general conditions will be temporarily suspended and the time for performance of our obligations will be extended for the duration of the Event. 

Where the Event impacts our delivery of a Product to you, we will arrange a new delivery date with you after the Event has concluded. If the Event persists and you no longer wish us to deliver the Products, you have the option to cancel the order. Please see your cancellation rights under Section 13. 

21. FAIR USE AND FRAUDULENT ACTIVITY 

When we suspect fraudulent activity and/or notice unusual or suspicious activity with your account, we may refuse a refund and block your account and all associated accounts.  
  
Such activities include, but are not limited to: claims of non-receipt of orders or missing items;  ordering and returning quantities significantly higher than typical customer behavior; unusual order and/or return patterns; suspected use of items beyond fitting such as wearing them for extended periods of time before returning them; several refused returns; returning items that have been worn/used and/or do not match the original order.  

Activities as mentioned in the paragraph above, may result in ASICS’ refusal to refund you and subsequent blocking of your account and all associated accounts. 

In addition, the Products purchased from our webshop are intended for personal use only and are not authorized for resale. By placing an order, you agree that you will not sell, distribute, or otherwise commercialize any Products purchased from our site. We reserve the right to refuse orders that we believe are intended for resale or to take appropriate action if we suspect resale activities. 

Please note that we reserve the right to take legal action against fraudulent activity.