Nike

TERMS OF SALE

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Date of Last Revision: September 27, 2021 TERMS OF SALE   PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE NIKE PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. &nbsp. PURCHASES MADE IN THE FOLLOWING COUNTRIES/REGIONS ARE GOVERNED BY DIFFERENT TERMS: AUSTRALIA, BULGARIA, CANADA, CHILE, CROATIA, INDIA, INDONESIA, ISRAEL, MALAYSIA, MEXICO, NEW ZEALAND, NORWAY, PHILIPPINES, ROMANIA, RUSSIA, SAUDI ARABIA, SINGAPORE, SLOVAKIA, SOUTH AFRICA, SWITZERLAND, TAIWAN, THAILAND, TURKEY, UNITED ARAB EMIRATES, AND VIETNAM.   If you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these terms of sale or by clicking on the country reference link. These additional terms override the Terms below to the extent of any inconsistency. CHINA. APPLICABILITY You are reading these Terms of Sale (“Terms of Sale”) because you are using a NIKE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of NIKE’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and NIKE and its affiliates (which we may refer to as “NIKE,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.  Please review our List of Local Entities for the name of the NIKE entity responsible for providing the Platform to you and the appropriate contact information. Nike may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform.&nbsp. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase.&nbsp. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Nike’s Terms of Use and Privacy Policy are incorporated herein by this reference.  [See China terms.] PLACING ORDERS ON THE PLATFORM  ELIGIBILITY TO ORDER To place an order on the Platform, you must be of legal age in your country and a consumer - not a reseller. [See China terms.] NO PURCHASE FOR RESALE The Platform is intended solely for NIKE to sell NIKE products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of NIKE product by someone who resells, or intends to resell, the NIKE product to others (consumers, businesses or any third party).&nbsp. If NIKE believes you are involved in purchase for resale, NIKE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.   HOW TO ORDER You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping bag and submitting your order.  When you submit an order, we will send you an email acknowledging receipt of your order.&nbsp. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.&nbsp. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.  [See China terms.] OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract 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 Contract we cancelled: <ul> <li>the product is not available / in stock;</li> <li>your billing information is not correct or not verifiable;</li> <li>your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;</li> <li>your bank transfer payment is not received within 12 calendar days after receipt of your order;</li> <li>we believe you are under the legal age in your country;</li> <li>we believe that you are a reseller;</li> <li>there was an error in the price displayed on the Platform;</li> <li>we could not deliver to the address provided by you;</li> <li>due to an Event Outside Our Control (see below). or</li> <li>in the event of misspelling, pricing or other errors or mistakes in the Platform information.</li> </ul> [See China terms.] DATA CHECK When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.&nbsp. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.  TITLE TRANSFER &amp. RISK OF LOSS With the exception of products picked up at Nike-branded stores, the title and risk of loss for products purchased from Nike pass to you upon our delivery to the carrier.&nbsp. Title and risk of loss for products purchased online and picked up at Nike-branded stores will pass to you upon your authorized receipt of those products.&nbsp. Title to product(s) will not transfer until full payment has been received. [See China terms.] PRICE/PAYMENT PAYMENT METHODS You can find the available payment methods for each country in the help section of Nike.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.  PAYMENT PROCESSING Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.&nbsp. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized (Nike By You) products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.&nbsp. Payments can only be processed if the billing information can be verified.  [ See China   terms.] PRICES AND CURRENCY The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.  Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.  YOUR TOTAL PRICE The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order 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.  [See  China  terms.] CASH ON DELIVERY (COD) If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made.  [ See  China  terms. ] PRICE CHANGES The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.  [See  China  terms.] SHIPPING &amp. DELIVERY DELIVERY – WHERE AND WHEN We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website. SPLIT DELIVERY Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized (Nike By You) products are manufactured at different factories, an order for multiple customized (Nike By You) products may result in split shipments.  [See China terms.] We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.  INSPECTION UPON DELIVERY Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. SHIPPING RATES FREE SHIPPING If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping.&nbsp. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.  RETURNS &amp. CANCELLATIONS CANCELLING ORDER BEFORE SHIPMENT You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" link at the top right of the Website.  If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting our call center (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.  Customized (Nike By You) orders cannot be cancelled before shipment, because we start building the customized (Nike By You) products immediately after receiving the order. You are however entitled to return your order in accordance with the return procedures and conditions below. [See China terms.] RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. 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 Website. [See  China  terms.]  REFUND INFORMATION Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.&nbsp. For practical information on how to return and for refund timelines, see here.  CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS Pre-order is the process by which you are able to 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:  Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.  Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.  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 Platform.  EVENTS OUTSIDE OUR CONTROL An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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 of Sale: a)   &nbsp. We will contact you as soon as reasonably possible to notify you. and b)   &nbsp. Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.&nbsp. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.  OTHER IMPORTANT TERMS We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.  You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.  We contract with US Direct E-Commerce Limited trading as eShopWorld to sell and deliver our products to consumers in the following countries/regions: Australia, Bulgaria, Canada, Chile, Croatia, India, Indonesia, Israel, Malaysia, Mexico, New Zealand, Norway, Philippines, Romania, Russia, Saudi Arabia, Singapore, Slovakia, South Africa, Switzerland, Taiwan, Thailand, Turkey, UAE, and Vietnam. If your order is shipping to one of the aforementioned countries/regions where our fulfillment is managed by eShopWorld, the contract for the purchase sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld Terms and Conditions.&nbsp. If there is a conflict between these Terms of Sale and the eShopWorld Terms and Conditions, the eShopWorld Terms and Conditions will control with respect to your purchase and the delivery of our products.  Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 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. We will not file a copy of the contract between us.  COUNTRY-SPECIFIC TERMS  If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms above.   CHINA  (for the purpose of these Terms, excluding Hong Kong, Taiwan, and Macao) The section above titled “APPLICABILITY” is modified by adding the following new paragraph:  “APPLICABILITY Nike may revise these Terms of Sale, and if any revisions relate to China, we may post the revised Terms of Sale on the Platforms within a reasonable period of time before or on the date when the revised Terms of Sale take effective, to the extent practicable and in line with Chinese laws.” The subsection titled “ELIGIBILITY TO ORDER” under “PLACING ORDERS ON THE PLATFORM” is deleted in its entirety and replaced with the following: “ELIGIBILITY TO ORDER You are only eligible to use the Platform if you are a consumer, not a reseller, and are of legal age and have legal capacity under the applicable laws of the People’s Republic of China. If you are a parent or guardian and find that your ward is using the Platform without your consent, you may contact us.” The second paragraph under the section titled “ HOW TO ORDER ” is deleted in its entirety and replaced with the following: “When you submit an order, we will send you an email acknowledging receipt of your order. We will send you a notification after your successful payment and once your order is shipped (“Order Confirmation”). At this point, a contract containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). however, if you purchase a Nike Product, as a consumer, for living and daily consumption purposes, the Contract will be formed upon successful payment by you. We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.” The subsection titled “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced with the following: “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, and refund any amount received from you in relation to the Contract we cancelled: <ul> <li> the product is not available / in stock; </li> <li> your billing information is not correct or not verifiable; </li> <li> your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; </li> <li> your payment is not received within 30 minutes after we receive your order; </li> <li> we believe you are under the legal age in your country; </li> <li> we believe that you are a reseller; </li> <li> there was an error in the price displayed on the Platform; </li> <li> we could not deliver to the address provided by you; </li> <li> due to an Event Outside Our Control (see below). </li> <li> in the event of misspelling, pricing or other errors or mistakes in the Platform information. or </li> <li> when you provide fake, incorrect or incomplete information (including, without limitation to, delivery address, phone number, email address, etc.), causing our failure to deliver the product to you within a reasonable period of time, or to get into contact with you for the purpose of the delivery.” </li> </ul> The section titled “TITLE TRANSFER &amp. RISK OF LOSS” is deleted in its entirety and replaced with the following: “TITLE TRANSFER &amp. RISK OF LOSS With the exception of products picked up at Nike-branded stores, the title and risk of loss for products purchased from Nike pass to you upon our delivery to the carrier (unless otherwise the local laws of your location have different mandatory requirements).&nbsp. Title and risk of loss for products purchased online and picked up at Nike-branded stores will pass to you upon your authorized receipt of those products.&nbsp. Title to product(s) will not transfer until full payment has been received.” The subsection titled “PAYMENT PROCESSING” under “PRICE/PAYMENT” isdeleted in its entirety and replaced with the following: “PAYMENT PROCESSING If you pay online, we will deduct the amount due from your account. We will start delivery (or manufacturing in the case of customized (Nike By You) products) after we receive your payment. Unless otherwise stated on the product description page on the Platform, in the event that no payment has been received within 30 minutes after we received your order, your purchase will automatically be cancelled.” The subsection titled “ YOUR TOTAL PRICE ” under “PRICE/PAYMENT” isdeleted in its entirety and replaced with the following: “YOUR TOTAL PRICE The total price specified in the final check out screen includes tax and shipping costs. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.” The subsection titled “ PRICE CHANGES ” under “PRICE/PAYMENT” isdeleted in its entirety and replaced with the following: “PRICE CHANGES The prices of the products may change from time to time, but the settlement price will be based on the price displayed on the order settlement page of the Platform at the time of settlement.” The subsection titled “SPLIT DELIVERY” under Section “PRICE/PAYMENT” is deleted in its entirety and replaced with the following: “SPLIT DELIVERY Where possible, we'll try to deliver all items which you have ordered at the same time. However, please note that due to storage management and manufacture factors (e.g., customized (Nike By You) products are manufactured at different factories), an order may result in split shipments.” The subsection titled “CANCELLING ORDER BEFO RE SHIPMENT ” of Section “RETURNS &amp. CANCELLATIONS” is deleted in its entirety and replaced with the following: “CANCELLING ORDER BEFORE SHIPMENT You may cancel any order without any reaso n, free of charge, provided you have successfully submitted online your request to cancel the order within 30 minutes of placing your order. If you wish to cancel your order, please check the status of the order first by visiting the "Order Status" link at the top right of the Website.” The section above titled “RETURN AND CANCELLATIONS” is modified by adding the following new section:  “RETURNING ORDERS AFTER DELIVERY –OTHER PRODUCTS  With the exception of customized (Nike By You) products, or unless stated otherwise on the Platform, you can return your purchase for any or no reason within seven (7) days after your receipt if the product is in its original purchase condition and resellable (uncut label, unused, unwashed, not damaged, not stained, and accessories and outer package not damaged or lost). The shipping costs for returning the products shall be borne by you. For practical information on how to return, see the help section of the Platform for details.”