Date of Last Revision: May 2024
.Swoosh
PRE-ORDER TERMS OF SALE
1. INTRODUCTION & APPLICABILITY
1.1. INTRODUCTION
These Pre-Order Terms of Sale (“Terms of Sale” or “Terms”) give you information about and set forth the legal terms and conditions that apply to the sale of pre-order NIKE Products (as defined below) to you in NIKE Stores (as defined below) in any of the countries listed below, as well as to certain services we may provide to you in the context of such sales.
To enable new consumer experiences for our members, we may give consumers the opportunity in our NIKE Stores (as defined below) to purchase, on a pre-order basis, selected tangible, or physical products, such as footwear and apparel (“Pre-Order Products”). Placing an order, for the purpose of these Terms of Sale, is the process by which you may order NIKE Products that will be manufactured upon confirmation of your pre-order. This process is referred to as "Pre-Order” or “Pre-Ordering” and each individual order will be referred to as a “Pre-Order”. These Terms of Sale apply to your Pre-Orders and all related shopping, purchases and returns (where permitted) at NIKE-owned digital stores, on the .SWOOSH website located at https://www.swoosh.nike/ (or any successor links) and all associated web pages, websites, and social media pages and any related mobile applications (each a “NIKE Store” and together “NIKE Stores”). Due to the nature of Pre-Ordering, specific conditions apply to Pre-Orders of NIKE Products, as outlined in these Terms. All shopping, orders, purchases, and returns of NIKE Products at a NIKE Store other than in connection with a Pre-Order, are subject to the Nike {{agreement:termsOfSale:Terms of Sale}}.
Please read these Terms of Sale carefully and check that the details of your pre-order are complete and accurate before Pre-Ordering NIKE Products in a NIKE Store. By shopping in any NIKE Store, Pre-Ordering or subsequently purchasing any NIKE Product from NIKE, you are accepting and agreeing to be bound by these Terms of Sale. If you do not agree to the Terms of Sale, you must (a) discontinue using or shopping in our NIKE Stores, and/or (b) not make a Pre-Order.
For any questions related to these Terms of Sale, please contact us via the Contact Us section on the Get Help page on our website.
1.2. SELLER OF RECORD
These Terms of Sale create a legally binding agreement between you and NIKE Virtual Studios, Inc. (which we may refer to as “NIKE,” “we,” “us,” or “our”), located at One Bowerman Drive, Beaverton, OR 97005, USA, as the seller of record regarding all purchases.
These Terms of Sale are entered into for NIKE’s own benefit and for the benefit of any other member of the “NIKE Group” (meaning Nike Inc., NIKE, their subsidiaries, and/or any company which is their parent undertaking). NIKE, on behalf of any member of the NIKE Group, and any member of the NIKE Group individually, shall be entitled to enforce any and all of the provisions of these Terms of Sale. You may only enforce the provisions of these Terms of Sale against NIKE and not against any other member of the NIKE group.
1.3. COUNTRIES IN SCOPE
These Terms of Sale apply in the following countries: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovenia, Spain, Sweden, United Kingdom. If you are Pre-Ordering in or from any of the countries identified below, please note that additional country-specific terms may apply to you which are viewable at the end of these Terms of Sale under Section 12. These additional country specific terms override the Terms below to the extent of any inconsistency.
AUSTRIA, FRANCE, GERMANY, HUNGARY, ITALY, POLAND
1.4. ADDITIONAL TERMS
Your use of and access to NIKE Stores is also governed by NIKE’s {{agreement:NvsTermsOfService:.Swoosh Terms of Service}}. The {{agreement:NvsTermsOfService:.Swoosh Terms of Service}} are incorporated herein by this reference. If there is a conflict between these Terms of Sale and the {{agreement:NvsTermsOfService:.Swoosh Terms of Service}}, these Terms of Sale will control for that conflict to the extent such conflict relates to any pre-order of NIKE Products at the NIKE Stores, or any shopping, purchases, or returns in relation thereto, duly noting that in the event of conflicting provisions, the consumer shall always be entitled to invoke the applicable provision that is more favorable to the consumer.
1.5. PERSONAL INFORMATION
You may provide certain personal information to Nike by shopping in any NIKE Store or Pre-Ordering or subsequently purchasing any NIKE Product from NIKE, or we may otherwise collect certain information about you when shopping in a NIKE Store, or pre-ordering or subsequently purchasing any NIKE Product from NIKE. We will process your information in accordance with our {{agreement:NvsPrivacyPolicy:.Swoosh Privacy Policy}}.
1.6. CHANGES
NIKE may revise these Terms of Sale at any time. The Terms of Sale posted at the time you Pre-Order NIKE Products at a NIKE Store will govern the purchase related to that pre-order.
2. PRE-ORDER AND PURCHASING PRODUCTS
2.1. AGE ELIGIBILITY REQUIREMENTS
To Pre-Order Products in NIKE Stores, you must be at least 16 (sixteen) years old. When placing a Pre-Order via a NIKE Store, you confirm that you are at least 16 (sixteen) years old.
If we have reasonable grounds to believe that you do not meet our age eligibility requirements, we reserve the right to take any action against you, including, without limitation, to refuse your Pre-Order(s), to terminate any Contract or to take any other measures in accordance with Section 2.4.
2.2. NO PRE-ORDER OR PUCHASE FOR RESALE
NIKE Stores, including any consumer rights or policies offered in NIKE Stores, are intended solely for the benefit of end consumers, and therefore Pre-Ordering or purchasing Pre-Order Products for resale is strictly prohibited. Pre-Ordering or purchasing for resale means Pre-Ordering or purchasing a NIKE Product by someone who intends to resell the product to others (consumers, businesses or any third party). If we have reasonable grounds to believe that you are involved in Pre-Orders or purchases for resale , NIKE reserves the right, in its sole discretion, and as it relates to such Pre-Order, to (1) suspend the application of any NIKE policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such Pre-Order or related purchase (and deter future purchases or Pre-Orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, refuse or cancel Pre-orders, to terminate any Contract, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any NIKE Store, and/or suspend or close any account.
2.3. PRE-ORDER PROCEDURE
We may offer consumers the opportunity to Pre-Order selected Products in our NIKE Stores. Pre-Order Products that are available for Pre-Order will be clearly stated on the product description page on the NIKE Store. You can place a Pre-Order by completing all steps of the Pre-Order procedure in our NIKE Store. This Section contains information on the steps required to form a Contract between you and us.
All information and Pre-Order Products listed for Pre-order in our NIKE Store do not in any way constitute an offer of sale to you. The information contained on our NIKE Store and the Pre-Order Products listed on our NIKE Store are an invitation to you to make an offer to purchase one or more Pre-Order Products from our NIKE Store by placing a Pre-Order. We expressly reserve the right to remove or edit information and Pre-Order Products from our NIKE Stores at any time.
To complete your Pre-Order at a NIKE Store, you must provide your full name, e-mail address, valid delivery address, and payment method. We will use these details during the Pre-Order process to form the Contract between you and us.
We are under no obligation to accept your Pre-Order and we expressly reserve the right to refuse your Pre-Order. There shall be no contract between you and NIKE until your Pre-Order has been expressly accepted by us in accordance with this Section 2.3.
Our acceptance of your Pre-Order takes place when your full payment is received by us, at which moment we will send you an email to confirm your order and the receipt of your payment (“Order Confirmation”). At this point a contract is formed between NIKE and you (the “Contract”), which is binding for both parties, subject to NIKE’s rights to terminate the Contract in accordance with Section 2.4 below. When the Pre-Order Products are shipped to you, we will send you an email with information on delivery times and how to track your shipment (“Shipping Confirmation”). Please note that given the nature of your Pre-Order purchase, the shipping and delivery timelines will be significantly longer than orders of regular Nike products available in stock. By Pre-Ordering Products, you agree to and accept longer shipping and delivery timelines.
We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. Please use the usual commands in your web browser (usually File -> Save As) to print or save these Terms of Sale. While we do send you an Order Confirmation, you may also archive your Pre-Order details by using the usual commands in your web browser to save the order summary appearing on the last page of the Pre-Order procedure.
2.4. OUR RIGHTS IN RELATION TO YOUR PURCHASES
We explicitly reserve the right to refuse your Pre-Order in whole or in part for any reason, including but not limited to the situations listed in this Section 2.5. We also reserve the right to terminate a Contract in whole or in part by written notice to you in the situations listed in this Section 2.5. In addition, we explicitly reserve the right to take additional measures that we deem reasonably appropriate in such situations, including but not limited to: imposing Pre-Order or purchase quantity limits, charging restocking fees, restricting payment methods, declining to issue refunds or to take returns, restricting sales to you or your account(s), suspending or closing your account(s) or denying you access to NIKE Stores. NIKE shall not be liable for any damage or costs you incur in relation to any refusal of a Pre-Order or termination of the Contract other than repayment, in accordance with Section 7 below, of any amount received from you in relation to the Pre-Order we have refused or the Contract we have terminated.
- If the Pre-Order Product is no longer available or in stock, or in case of delivery problems or difficulties regarding the supply of the Pre-Order Product, we reserve the right to provide you with information on substitute Pre-Order Products of the same or higher quality and value that you may order. If you do not wish to order the substitute Pre-Order Product, or we otherwise decide to not offer a substitute, we will reimburse any amount that you may have paid.
- An Event Outside Our Control (as defined below);
- Your address, billing information or form of payment is incorrect or cannot be verified;
- Your Pre-Order is flagged by our security systems as potentially fraudulent, or a Pre-Order placed with automated ordering software or technology;
- We have reasonable grounds to believe that you are involved in Pre-Orders or purchases for resale or for the purpose of tax evasion, or other fraudulent purpose;
- Your Pre-Order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
- Your Pre-Order exceeds product purchase limits (quantity and/or amount);
- Your account and/or purchase history shows an excessively high volume of returns;
- If we have reasonable grounds to believe that you were under 16 years old at the time you placed the Pre-Order;
- In the event of misspelling, pricing or other errors or mistakes at the NIKE Store(s) where you wish to or have Pre-Ordered;
- If you commit behaviors that affect the normal operation and order procedure in our Digital Stores or deny other customer’s fair chance to purchase Pre-Order Products, or if you commit behavior that affects the security of our NIKE Stores; or
- If you violate or go against applicable laws and regulations, these Terms of Sale, the {{agreement:NvsTermsOfService:.Swoosh Terms of Service}}, the principles of fairness and good faith, or the public order and good morals.
If you have any questions following any of the actions taken by us based on this Section, please contact us via the Contact Us section on the Get Help page on our website.
2.5. DATA CHECK
When you send us your Pre-Order, we may run some checks on it before it is fulfilled. These checks may include verifying your delivery address and checking for fraud. We run partly automated checks on all Pre-Orders to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the NIKE Stores will be investigated and if necessary prosecuted.
2.6. INVOICING
You agree to receiving invoices solely in electronic form for your purchases via our NIKE Stores. In addition to NIKE Retail B.V. as the seller of record (see above under Section 1.2), your invoice may also state the address and VAT number of your local NIKE branch.
If you have any questions regarding your invoice, please contact us via the Contact Us section on the Get Help page on our website.
2.7. TITLE TRANSFER & RISK OF LOSS
We bear the risk of product damage or loss until the time of delivery of the Pre-Order Products to you. "Delivery" is assumed to have taken place, or the Pre-Order is assumed to have been "delivered", at the time you or a third party appointed by you to us in advance acquires physical possession of the Pre-Order Products, which may, amongst others, be demonstrated by signing for receipt of the order or an indication by the carrier that the Pre-Order Products have been delivered, at the agreed delivery address.
Title to the Pre-Order Products you have Pre-Ordered shall transfer to you upon the later of (i) receipt by us of full payment of all amounts due for your Pre-Order, including delivery charges, or (ii) delivery of the Pre-Order Products as set out in this Section.
3. PRICE/PAYMENT
3.1. PAYMENT METHODS
We accept only the payment methods listed at checkout at NIKE Stores. Please do not try to pay using any payment method not posted at the NIKE Stores. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
3.2. PAYMENT PROCESSING
If you pay by credit or debit card, we will charge the full amount due upon receiving your Pre-Order. Payments can only be processed if the billing information can be verified.
Your payment will be deducted as soon as your Pre-Order is received or, in the event of bank transfer, as soon as possible. We will not start the Pre-Order process prior to having received full payment. Payments can only be processed if the billing information can be verified.
3.3. PRICES AND CURRENCY
The prices of the NIKE Products will be as quoted in NIKE Stores from time to time, but changes will not affect any Pre-Order which we have confirmed in an Order Confirmation. If applicable, Value-Added Tax (VAT) will be calculated and displayed at checkout.
The NIKE Product prices displayed in the NIKE Store do not include shipping costs. Shipping rates are applied per Pre-Order and will be displayed and confirmed at checkout. Exact shipping rates depend on the country where your order is being delivered to.
Prices are quoted and exclusively payable in US dollars.
3.4. YOUR TOTAL PRICE
The total price specified in the final check out screen of a NIKE Store includes Valued Added Tax (VAT) and shipping costs. This price will be recorded in the Order Acknowledgement email. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
4. SHIPPING & DELIVERY
4.1. DELIVERY – WHERE AND WHEN
The estimated shipping date for your Pre-Order Product can be found in the product description page in the NIKE Stores. Pre-Order Products are targeted to be delivered at the estimated shipping date.
When the Pre-Order Product ships, we'll send you a Shipping Confirmation. We make reasonable efforts to ship the Pre-Order Product(s) listed in the Shipping Confirmation by the estimated date indicated in the relevant Shipping Confirmation; or, if no shipping date is specified, within the estimated time frame specified in the delivery method selection in our NIKE Stores. Please note that we do not ship on certain public holidays.
Please note that given the nature of your Pre-Order purchase, the shipping and delivery timelines will be significantly longer than orders of regular Nike products available in stock.
We can only fulfil an order to a valid delivery address which is a home or office address in one of the countries listed in Section 1.3 above. If you want to change your delivery address prior to receiving your Shipping Confirmation, please reach out to us via the Contact Us section on the Get Help page on our website.
Our consumer service agents will verify whether a change is possible. For more information on delivery, please see the Get Help page on our website.
4.2. INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging and Pre-Order Products for damage. If it appears that the Pre-Order Products are damaged, please do not accept the shipment, and contact NIKE at please reach out to us via the Contact Us section on the Get Help page on our website.
5. RETURNS
5.1. STATUTORY RIGHT OF WITHDRAWAL
If for whatever reason you are not happy with a Pre-Order Product you ordered via our NIKE Stores, you may exercise your statutory right of withdrawal.
You can invoke your right of withdrawal by informing us that you want to return the product within 14 calendar days (i) after the Pre-Order Product is delivered to you or to a third party indicated by you (other than the carrier) or, (ii) if you have ordered multiple goods in one order which are delivered separately, after the last Pre-Order Product is delivered (”Withdrawal Period”). It is not necessary to give us any reason for invoking your statutory right of withdrawal.
You can inform us that you wish to exercise your right of withdrawal by sending us a clear statement to that effect before the end of the Withdrawal Period. Alternatively, you may also use the model withdrawal form below.
Model withdrawal form
Complete and return this form only if you wish to dissolve/revoke the agreement.
To:
NIKE Virtual Studios, Inc.
One Bowerman Drive
Beaverton, OR 97005
USA
[if you wish to return this form to us online, please navigate to the chat function in the Get Help section on our website]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) for the provision of the following service (*)
Ordered on (*)/Received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) [only if this form is notified on paper]
Date
(*) Cross out what does not apply
If you notify us after expiry of the Withdrawal Period that you want to return your Pre-Order Product, Section 5.2 below instead of your statutory right of withdrawal applies.
If you use your right of withdrawal, you have an obligation to return the Pre-Order Products to us without undue delay and no later than 14 calendar days from the day on which you have notified us that you invoke your right of withdrawal.
Please make sure that the Pre-Order Products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide if you want to keep the Pre-Order Products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the Pre-Order Product diminishes as a consequence thereof, we can hold you liable for such diminished value.
If you inform us that you wish to return a Pre-Order Product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice 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 from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement, in full or part, until we have received the Pre-Order Products back or until you have supplied sufficient evidence of having sent back all Products. For further information regarding refunds please be referred to Section 7 below.
If you require further assistance exercising your right of withdrawal please contact us via the Contact Us section on the Get Help page on our website.
5.2. CONTRACTUAL RIGHT OF WITHDRAWAL
In addition to the statutory right of withdrawal (see Section5.1 above), NIKE may offer an additional period beyond the Withdrawal Period during which you can inform us that you want to return the Pre-Order Product without any reason. This contractual right of withdrawal is subject to specific conditions. For further information, including the Pre-Order Products that are eligible under your contractual right of withdrawal, the period in which you may exercise your contractual right of withdrawal, as well as information on return delivery costs, please see the Get Help page on our website.
6. DEFECTIVE AND FAULTY PRODUCTS
All Product descriptions, information and materials displayed in NIKE Stores are provided “as-is”, without any express or implied warranties thereon, except as provided by law.
We are obliged to deliver to you the Pre-Order Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 6, you have the right to return the Product in case of defects or non-conformity that existed at the time of delivery (hereafter “Non-Conformity”). To the extent permitted by law, we exclude all warranties except those that cannot be lawfully excluded for the benefit of consumers.
A Pre-Order Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used, and (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected.
If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within due time and the latest within two (2) months by contacting us via the Contact Us section on the Get Help page on our website, risking forfeiture of your rights. The “Warranty Period” starts on the date of delivery of the Pre-Order Product by NIKE to you and lasts for two (2) years, or, if mandatory applicable law requires a longer warranty period, as long as required by such applicable mandatory law.
During the Warranty Claim Period, as defined below, you may return the Pre-Order Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For practical information on how to return your Pre-Order Product, see the Get Help page on our website. The “Warranty Claim Period” starts on the date you notify NIKE of the Non-Conformity and lasts for two (2) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law. For practical information on how to return your defective Pre-Order Product, please see the Get Help page on our website.
In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming NIKE Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period, you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Pre-Order Product. The “Lack of Conformity Presumption Period” starts on the date of delivery of the Pre-Order Product by NIKE to you and lasts for one (1) year, or, if mandatory applicable law requires a longer period, as long as required by such applicable mandatory law.
Following receipt of your Warranty Claim, Nike will review your Warranty Claim to determine whether or not the Pre-Order Product was defective or non-conforming at the time of delivery and, if so, whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE’s decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.
Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.
This warranty is without prejudice to any commercial warranty.
7. REFUNDS
In the event of our refusal of your Pre-Order (under Section 2.4 above) or a Contract termination (under Section 2.5 above), or return (under Section 5 or 6 above), we will issue refunds based on the original form of payment. For further practical information about refunds, please see the Get Help page on our website.
8. LIMITATION OF LIABILITY
The total liability of NIKE and any other member of the NIKE Group for any claim with respect to any NIKE Products Pre-Ordered through NIKE Stores or arising out of or relating to these Terms of Sale, regardless of the form of the action, is limited to the greater of EUR 100 or the amount paid by for the affected NIKE Product, as applicable.
The limitations set forth in this Section 8 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, or willful misconduct of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.
To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.
9. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended during the time needed for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a Pre-Order Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the Pre-order or terminate the Contract if an Event Outside Our Control takes place and you no longer want us to proceed with your Pre-order or the Contract. Please contact us via the Contact Us section on the Get Help page on our website.
10. OTHER IMPORTANT TERMS
10.1. TRANSFER OF RIGHTS AND OBLIGATIONS
You may only transfer your rights or your obligations under the Contract to another person after our prior agreement in writing.
We may transfer the Contract or any rights or obligations arising therefrom at any time. To avoid any doubt, we hereby state that such transfer shall not prejudice your statutory rights as a consumer or, in any way, cancel, restrict or limit your rights under the Contract.
10.2. SEVERABILITY
If any section of these Terms of Sale is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful section will be severed from these Terms of Sale; (b) severance of the unenforceable or unlawful section will have no impact whatsoever on the remainder of these Terms of Sale; and (c) the unenforceable or unlawful section may be revised to the extent required to render the Terms of Sale enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms of Sale and the intent of the Terms of Sale to the fullest possible extent.
10.3. WAIVERS
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11. DISPUTES: CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
You agree that these Terms of Sale, your Pre-order, your purchase and the Contract and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to these Terms of Sale, including but not limited to the purchase of NIKE Products in NIKE stores via a Pre-order shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands.
In case you have a complaint, please contact us via our Get Help page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.
Subject to Section 6, all claims shall be brought within one (1) year after you have notified NIKE of the issue that gives rise to the claim, to the extent allowed under mandatory applicable.
COUNTRY-SPECIFIC TERMS
If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above.
The last paragraph in Section 11 is deleted in its entirety and replaced with the following:
“All claims shall be brought within three (3) years after the claim arises.”
Sub-section 2.5 is deleted in its entirety and replaced with the following:
“OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
We reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with NIKE;
- you are a reseller;
- we could not deliver to the address provided by you; or
- due to an Event Outside Our Control (see below).”
Section 6 is hereby deleted in its entirety and replaced with the following:
“NIKE shall be responsible for any lack of conformity of the products under the conditions set forth in Articles L. 217-4 et seq. of the French consumer code, and of hidden defect of these products under the conditions set forth in Articles 1641 et seq. of the French civil code. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, visit the Get Help section on our website.”
Please note that under the legal warranty of conformity, you:
- have 2 years as of delivery of the product to submit a claim;
- may choose between repair or replacement of the product, subject to the cost conditions provided for under Article L. 217-9 of the French consumer code;
- do not have to prove the product’s lack of conformity during a period of two (2) years following delivery of the product.
The legal warranty of conformity is without prejudice to any commercial warranty that may be provided.
You may also decide to act under the legal warranty against hidden defect as per Article 1641 of the French civil code. In such case, you may choose between cancellation of the sale or a reduction of the sale price, as set forth under Article 1644 of the French civil code."
The second and third paragraph in Section 11 are deleted in their entirety and replaced with the following two paragraphs:
“Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the NIKE Stores (including but not limited to the purchase of NIKE products), and exclusively in the competent courts of Amsterdam, the Netherlands.
If you have a complaint, please contact us via our Contact Us section on the Get Help page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediator(s) as follows: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”
The last paragraph in Section 11 is deleted in its entirety and replaced with the following:
“All claims shall be brought within two (2) years after the claim arises.”
Section 1 is amended by adding the following:
"These Terms of Sale constitute an implied agreement between you and NIKE, unless otherwise meeting the requirements of written agreements under Hungarian law.
The first paragraph Section 3.3 is replaced in its entirety with the following:
“The prices of the products will be as displayed in the NIKE Store. Prices may change from time to time, but changes will not affect any order you submitted even if not yet confirmed in an Order Confirmation.”
Section 6 is hereby deleted in its entirety and replaced with the following:
“RETURNS OF DEFECTIVE PRODUCT
NIKE pursuant to article 130 of the Consumer Code, guarantees the conformity of any sold goods for a period of two years after the delivery of the goods. Without prejudice to any statutory rights provided in your favour by applicable law, in the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the contract terminated with regard to those goods, in accordance with article 130 of the Consumer Code. You are entitled to exercise the above rights, in the event any products are defective or otherwise not in conformity with your order when you received them, provided that you inform us of the lack of conformity within a period of two months from the date on which you detected such lack of conformity. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the applicable NIKE Store.
The second paragraph in Section 11 is deleted in its entirety and replaced with the following two paragraphs:
“Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under Section 1, Title III of the Italian Consumer Code (Legislative Decree no. 206/2005).”
“Except where prohibited and without limitation to any of your statutory rights, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the NIKE Stores (including but not limited to the purchase of NIKE products) shall be resolved individually, without resort to any form of class action, and exclusively in the court of the place where you are resident or domiciled.”
Section 11 is deleted in its entirety and replaced with the following:
“CHOICE OF LAW/JURISDICTION
You agree that the Terms of Sale, and any dispute between you and NIKE shall be governed in all respects by Polish law.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to Pre-Ordering NIKE Products (including but not limited to the subsequent purchase of NIKE Products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts competent under applicable law.
In case you have a complaint or feel there is a dispute between us, please contact us via our Contact Us section on the Get Help page first. In case the dispute between us is not resolved you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.”
Section 2.7 is amended by adding the following:
“By accepting these Terms of Sale, you:
(a) Request that an invoice will be issued for your purchase and
(b) Agree that said invoice will be issued in an electronic format and will be provided to you by email.”