1 TERMS AND CONDITIONS OF SALE

• These Terms and Conditions of Sale (“terms of sale”) apply to the purchase and shipping of goods in France, Germany, Netherlands, Spain, Portugal, Slovenia, Austria, Finland, Latvia, Italy, Belgium, and United Kingdom (including Northern Ireland and Isle of Man) through our website.

• Please read these terms of sale carefully before placing an order.

If you need further information or have any questions about these terms of sale, please check our FAQ page. If you would like assistance, please contact our customer service department via our email hello@adidasunderwear.com or on https://adidasunderwear.com/pages/contact.

• These terms of sale, along with your order confirmation issued by us constitute the agreement between you and us for the supply of goods. No other terms and conditions shall apply. The contract cannot be varied unless mutually agreed in writing or by email.

• All goods are shipped from our warehouse in Berige, Netherlands.

2 DEFINITION

In these terms of sale:

“contract” means the contract between you and us for the sale and purchase of goods, comprising your order, our order confirmation and these terms of sale.

“goods” means the products that we sell on our website from time to time, including, but not limited to underwear, sportswear, including apparel, bags, handbags and accessories.

“order” means an order for goods placed according to these terms of sale.

“order confirmation” means the order confirmation email issued by us to you indicating acceptance of your order at the moment the goods are dispatched and the relevant details of your purchased goods.

“terms of sale” means these terms and conditions of sale.

“website” means our website located at www.adidasunderwear.com

“you” means you, the customer.

“we”, “our” or “us” means DGBI GmbH DBA adidas underwear Platz 1a CH-6039 Root D4, Switzerland39, e-mail:  hello@adidasunderwear.com

3  INFORMATION RELATING TO GOODS

• On our website, you will be able to find information on goods being offered for sale by us.

• We will make reasonable efforts to ensure that the information about goods is accurate and up to date. However, we do not warrant or guarantee that there will be no errors in the description and/or pricing of the goods, or that goods will always be available if you wish to place an order to purchase them.

• All images, illustrations, and descriptions of goods are for information only and you are invited to contact us by sending an email to: hello@adidasunderwear.com or on https://adidasunderwear.com/pages/contact, if you need any further information about goods.

• We reserve the right, at any time and without notice, to modify the information about goods displayed on our website, including without limitation information on prices, description, and availability of goods. However, changes to price, availability or description of any goods will not affect orders already submitted by you after we have issued an order confirmation.

• The information on our website does not constitute a guarantee of applicability, suitability or otherwise, unless this has been expressly stated in writing to you. Current offers are valid while stocks last, unless otherwise stated.

• The foregoing will not affect your statutory rights.

4 HOW DO I PLACE AN ORDER

• To place an order, you must be 18 years of age or older.

• You will have to select the goods on the website, select your preferred shipping method and, at your discretion, other optional services, and click on the “BUY NOW” button. Before completing the check-out procedure, you will be requested either to register for or log into your personal account. You can, if you prefer, checkout without registering, but you will be required to provide the necessary personal and payment data to process the order. We will not accept orders placed in any way other than as detailed above.

• When you place an order, you make an offer to us to purchase the goods you have selected. Orders are subject to availability and our acceptance, and we may, at any time and at our sole discretion, refuse to accept your order.

• When we have received your order and we have accepted your offer to buy, you will receive an automatic email order confirmation, confirming your order.

5  WHAT HAPPENS IF GOODS ARE UNAVAILABLE

• We will make reasonable efforts to ensure that the information about goods displayed on our website is always accurate. However, when you place an order certain goods may unfortunately be out of stock, especially if we were low in stock at the time you place your order.

• We reserve the right not to deliver if the stock level was incorrect at the time of receiving the order. Should we be unable to deliver in accordance with the terms in the order confirmation, we will contact you and give you the opportunity to cancel the order.

• If we are unable to send you the ordered goods within 14 days from the date of your order, we will contact you and ask if you would like us to cancel your order either partially or entirely, and, in such a case, we will refund you the cost of the goods in the cancelled order. If we do not receive a response to our email, we will send you an email reminder. If you do not contact us within a further 3 days, we will cancel your entire order and refund to you the cost of the goods. Nothing in these terms of sale will affect your statutory rights relating to faulty or misdescribed goods.

6  OUR PRICING POLICY

• All prices include applicable VAT, import and customs duties.

• On our website, prices are shown in the selected local currency.

• We send all packages with independent carrier. We will inform you of the chosen carrier in the order confirmation.

• Estimated delivery times for regular service inside Denmark is 2-4 business days and 5-10 days for deliveries outside of Denmark. All delivery times are guiding.

• Delivery costs may apply to your order, as indicated on our website at the time you submit your order. Delivery costs will depend on the value of your order and your required shipping method. To see our delivery charges and terms and conditions, please visit https://adidasunderwear.com/pages/shipping.

• The exact cost of delivery is calculated at the ordering stage.

• The minimum order value to be eligible for free shipping is shown on https://adidasunderwear.com/pages/shipping.

7   HOW CAN I PAY

• We accept Dankort, Visa, MasterCard, and in some countries Klarna, PayPal, and MobilePay.

• We do not process or store customer credit card information. Al such information is being processed by the selected independent payment service provider.

• If you pay by credit or with debit card, you must supply your credit or debit card details when you place your order. The total amount of your order will be reserved at your credit or debit card, and your credit or debit card will be debited for the total value of your order at the time of shipment from our warehouse of the order. We will not accept your order, neither will we supply the goods to you until your credit or debit card issuer has authorised the use of your card for payment of the Goods ordered. If we do not receive such authorisation, we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.

• We take all reasonable care to make our website secure and to prevent frauds. All credit and debit card transactions on this website are processed by a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details.

• If you are paying by PayPal, you will be asked to log on to your PayPal account with your email address and password to confirm the payment. If you do not have a PayPal account, you can still pay with PayPal up to a maximum of 10 times, and will be asked to enter personal data and credit card details. Your goods will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 14 days after the date of your order, then your order will be cancelled.

• We will send the goods to you at the delivery address indicated on your order confirmation. We may, however, only send documents by email to the email address which you provided at the time of making the order.

• Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries or locations we believe to be a high fraud risk.

8   WHEN ARE GOODS DELIVERED

• Goods ordered through this Website will only be delivered to France, Germany, Netherlands, Spain, Portugal, Slovenia, Austria, Finland, Latvia, Italy, Belgium and United Kingdom (including Northern Ireland and Isle of Man).

• We will not deliver any goods unless or until full payment has been received. Upon delivery of the Goods to our carrier we will send you an order shipment confirmation email.

• Title to and risk of loss in your goods will pass when delivered to the person or company to whom goods is to be delivered to (consignee).

• If there is no one at the nominated delivery address who can accept delivery of goods, the carrier will either send a text message, e-mail or leave a notification card in your mailbox.

• Delivery is by standard courier during normal business hours, Monday to Friday (excluding bank holidays).

• Please note:

·   Although it is our goal to deliver within the above-mentioned lead times, delivery dates are not guaranteed as shipments are handled by third parties.

·   Order cut-off times are provided as guidelines only and do not consider possible delays caused by payment authorization.

·   Orders will be processed in accordance with these terms of sale.

·   We are unable to redirect orders once your order has been placed.

9  YOUR RIGHT OF WITHDRAWAL

• If you have received the ordered goods and are not satisfied with any of them or have simply changed your mind about purchasing them, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 14 calendar days of the date where you received the goods, if you return the goods to us according to the procedure described below.

• This right of withdrawal does not apply to delivery of sealed goods, which for reasons of health protection or hygiene are not suitable for return and where the seal has been broken after delivery.

• If you have ordered several items in one order and we cannot deliver them at the same time, the withdrawal period runs from the day you get physical possession of the last item.

• You must notify us before the expiry of the withdrawal period that you wish to withdraw from your order. Notification can be given to us on https://returns.adidasunderwear.com .In your message, you must make us clearly aware that you wish to exercise your right of withdrawal. Please state your order number, which you will find on your order confirmation.

• If you exercise your right of withdrawal, you must send or hand over the goods to us without undue delay and no later than 14 days after the date on which you have informed us that you are exercising your right of withdrawal. You must bear the costs of returning the item yourself, and you are responsible for ensuring that the item is properly packed.

• You are liable for any deterioration in the value of the goods, including as a result if you have handled the goods other than in a way what is necessary to determine the nature, characteristics, and the way the goods function. You can therefore try on the goods in the same way as if you tried on the goods in a store, but if the goods have been tried on beyond this, we consider the goods to be used, which means that you will only get a part or none of the purchase price back, depending on the commercial value of the goods upon return.

• The goods must be returned to one of the following addresses:

 

For EU returns:

Att: Adidas Underwear
Zwenkgras 17
5986 PM Beringe
The Netherlands

 

• Please return the goods in original packaging. Missing or damaged original packaging usually results in a deterioration of the product's commercial value, which we reserve the right to deduct from the amount to be refunded to you.

• You bear the risk for the goods until we receive them. Therefore, save the postal receipt as well as any track and trace number.

• You cannot withdraw by simply refusing to accept the item without at the same time giving us clear notice that you withdraw from the purchase.

• We neither receive parcels without distribution (the parcels need to be sent directly to the stated address) nor parcels sent by cash on delivery.

• If you make use of your right of withdrawal, we will refund all amounts received from you, including the original delivery costs (but not the costs of returning the goods nor additional costs because of you having chosen a different form of delivery than the cheapest one, we offer). The refund will be made without undue delay and no later than 14 days from the date on which we received your notification that you are exercising your right of withdrawal. However, we can withhold the amount until we have received the goods back.

• For the refund, we use the same means of payment that you used to pay for the item, unless you have expressly agreed otherwise. In any case, you will not be charged any fees because of the refund.

• If you have purchased several items in one order and regret only part of your purchase, we will not refund the delivery costs. Please note that while the goods remain in your possession you are under a duty to ensure that the goods are kept safe, secure and in good condition.

10 PRODUCT EXCHANGE

• Unfortunately, we are not currently able to offer an exchange for your order. If you wish to receive another product or size, please return your order to us within the 14 days period where you have a right of withdrawal (see section 9) for a refund and place a new order for the product you require.

11 GIFT RETURNS

• If you have received an item as a gift, you may return it to us following the procedure for exercising your right of withdrawal (see section 9).

• Please ensure that you notify us of your e-mail address when returning a gift, otherwise any notification concerning your return will be sent to the original purchaser. Please note that any refund will be credited to the card or payment option used at the time of order.

12 CUSTOMER ACCOUNT

• Login information (username and password) for your customer account on our website must be handled confidentially, so that the information does not come to the knowledge of unauthorized persons. If you provide the information to a third party, you confirm that the person may place orders on your behalf, and that you are liable for payment for such orders. If you become aware that an unauthorized person has your login details, you must immediately notify us of this and at the same time change your password.

13  REMEDIES

• When you buy goods, you have the deficiency rights provided under the Danish Purchase Act (in Danish: “Købeloven”). Is this applicable for Adidas Underwear?

• You have a 2-year right to make claims if the goods have defects. A defect is, for example, a manufacturing or material fault, or incorrect information about the product. On the other hand, normal wear and tear or damage you have caused to the product yourself is not a defect. If the item has a defect and you make a claim in time, you have the right to have the item repaired or exchanged in the first instance. If this cannot happen, or if it does not happen within a reasonable time, you can, depending on the circumstances, get the money back or a reduction in the price.

• If you discover a defect, you must notify us within a reasonable time. We recommend that you make a claim as soon as possible, especially if there is transport damage.

• If the claim is justified, we will refund your reasonable and necessary shipping costs. Therefore, keep your receipt for any shipping costs.

• If you want to make a claim to us about a defect, we ask you to provide as much detail as possible what the problem is. This makes it easier for us to reproduce the fault, and it minimizes the processing time for the claim.

• If you want to provide a claim about your purchase, you must notify us at e-mail: hello@adidasunderwear.com or on https://adidasunderwear.com/pages/contact and thereafter return the goods to the applicable address, as stated in section 9.7. Send the goods properly packaged and attach a copy of your invoice and any a description of what you want to make a claim on. We neither accept parcels without distribution nor parcels sent by cash on delivery.

• If we fail in finding a solution, you can in Denmark send a complaint to Nævnenes Hus, Toldboden 2, 8800 Viborg via the Complaint portal from Nævnenes hus: https://kpo.naevneneshus.dk/. To be able to complain, the goods that you want to make a claim on must have a value of at least DKK 1,110 and a maximum of DKK 100,000. However, for claims on clothes and shoes, the value (price) must be at least DKK 720. There is a fee to have the claim processed. Is this applicable for Adidas Underwear?

• If you live in an EU country other than Denmark, you can complain to the European Commission's complaints portal here: http://ec.europa.eu/odr

• These terms of sale set out the entire obligations and liabilities in respect of the supply of goods.

14   OUR LIABILITY TO YOU

• We are under no circumstances liable for indirect losses or consequential damages, such as loss of production, loss of profit, loss or reconstruction of data, or other damages as a result of your purchase. Our total liability is in any case limited to the total invoiced amount for the product

15  HOW YOUR PERSONAL DATA IS PROCESSED

• By placing your order, you agree and understand that we may store, process, and use data collected when you registered on the website for the purposes of processing your order. We will process your information in accordance with our privacy policy, available at Privacy Policy.

16  LINKS TO THIRD PARTY WEBSITES

• Links on our website allow the visitor to leave the website. The websites that are linked to are not controlled by us, and we have no responsibility for the content on the websites or the specific content that is linked to. We only links to the websites in question to make it easier to find them and we a link to a website does not imply that we have approved the content of the website in question

17  INTELLECTUAL PROPERTY RIGHTS

• All rights, including property rights, copyrights, and other intellectual property rights in connection with our products, trademarks and other distinctive marks belong to us or our suppliers. You may not change or remove any statement regarding copyrights, trademarks or any other rights included in our products.

• You may not sell, distribute, license, rent out, lease, lend, pledge or in any other way assign or hand over these licenses and rights of use to any third party without the prior written consent of us. It is strictly prohibited to use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter the database, create derivative works from, reverse engineer, frame, transfer, or sell any content obtained from, through or on these services, in whole or in part.

18 GENERAL TERMS

• We reserve our rights in case of printing errors, suppliers' price increases, price errors, VAT and tax changes, out-of-stock/discontinued items, delivery failures from our suppliers and force majeure.

• Neither our failure nor your failure to enforce any term of these terms of sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
• Parental or guardian consent is required for customers under the age of 18. If you are under 18, you must let your parent or guardian know about our privacy policy before you register to use this site or any of this site’s services.
• We will make every effort to perform our obligations under these terms of sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident, war or civil disturbance, pandemic, strike, industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of our supplier(s), failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment. We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible.
• These terms of sale are governed by the laws of the Kingdom of Denmark, excluding the UN Convention on the International Sales of Goods. Venue is the ordinary courts in Denmark.
• A customer is not entitled to transfer the agreement or rights and obligations under the agreement without our written consent.
• We reserve the right to change these terms of sale at any time. Such changes will apply for any purchase where we have not already provided you with an order confirmation.