Terms & Conditions
Terms and Conditions of Sale
The Terms and Conditions of Sale for the purchase of products under the trademarks ‘Athletics’ ("Products") displayed on this site ("Site") which is owned by Athletics Footwear International Limited ("Athletics") are included in this contract of sale ("Contract"). The Products purchased on this Site are sold by a related company of Athletics, namely Silver S.r.l., a company incorporated under Italian Law with registered office at Via della Navigazione Interna 82, 35027, Noventa Padovana, PD, Italy ("Seller").
Every user visiting the Site ("User") is invited to view the Contract before completing an order for purchase of Products on the Site ("Order"). The purchase of Products on this Site implies the acceptance of these Terms and Conditions of Sale, therefore, every User is invited to review these Terms and Conditions of Sale carefully and make sure that he or she understands them before placing an Order.
These Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of Orders relating to Products on this Site between the Users and the Seller.
Any modification or amendment to these Terms and Conditions of Sale will immediately become effective after being published on this Site and will regulate all the subsequent sales of Products.
1. Customers
The purchase of Products on this Site is allowed only to customers ("Customers") – which means any individuals who are acting for purposes which are outside their trade, business or profession, and are eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed.
When submitting an Order, Customers must provide all the personal information required by this Site, including but not limited to their own first name, surname, email address, billing and delivery address. All such information must be true, accurate and up to date.
Users cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.
The Seller reserves the right not to process orders received from users who are not "Consumers".
Products sold on this Site are not meant for resale.
2. Acceptance of an order - Contract of sale.
The acceptance of the Order on the part of the Seller takes place when the latter sends a purchase confirmation to the Customer by email ("Confirmation Email or Order Confirmation"). Only the Products listed in the Confirmation Email are included in the Contract. The relevant Contract shall be considered formed at the time of receipt of the Confirmation Email on the part of the Customer. Before that time, the Seller reserves the right to refuse acceptance of an Order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
- The Product ordered is out of stock or is withdrawn due to the shipping restrictions applicable to one or all of the ordered items.
- The Seller identifies a pricing or product description error.
- The Seller is unable to obtain authorisation for payment.
- The Customer does not meet the eligibility criteria to purchase as set out in these Terms and Conditions of Sale.
If the Customer makes a mistake with the Order he or she may be able to amend it by email prior to the dispatch of the Confirmation Email. If the Confirmation Email has already been dispatched the Customer will be unable to amend the Order save with the prior written consent of the Seller, without prejudice to the Return Policy (please see article 7 below).
English is the language used for executing Contracts with the Seller.
3. Payments
Orders may be made using the following methods of payment:
Visa
Mastercard
Maestro
American Express
Apple Pay
Union Pay
Bancontact
Ideal
Shop Pay
Google Pay
PayPal
(collectively, the "Payment methods").
The Seller will proceed to charge the price of the purchase, as defined below ("Price"), at the same time as the acceptance of the Order. However, prior to the acceptance of the Order, security checks may be carried out regarding the Payment method chosen by the Customer for the Order, or a pre-authorisation or a pre-charge for the sake of caution.
The Seller uses a primary gateway for the authorisation of payments for Orders ("Payment gateway"); as a result, the Seller will not directly manage any financial information relating to the Payment method used by the Customer, nor will the Site process any financial information provided for the completion of the Order.
The Payment Gateway protects the details of the credit or debit card used, encrypting sensitive information in order to ensure that they are transmitted securely. In the unlikely event of error, negligence or any wrongdoing in relation to the management of the transaction linked to an Order by the Payment Gateway and/or the intermediary systems for payment, neither the Seller nor the Site will be responsible for such error, negligence or wrongdoing.
The Seller reserves the right to cancel a transaction and the relevant Order if it appears that fraudulent use is being made of the Payment method adopted for the Order. Moreover, the Seller and the Site will not be responsible in the event that illegal use is made of a Payment method by third parties which is not connected to any error or negligence by the Site or the Seller.
4. Shipping and deliveries
The Seller despatches and delivers the Orders using major couriers.
In compliance with the applicable laws currently into force, the term within which the Seller is required to deliver the Products purchased is within a maximum of 30 (thirty) days of the date of execution of the Contract (without prejudice to any different term if provided for by any local mandatory law), except where an event occurs which is beyond the reasonable control of the affected party and which is not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epidemics, pandemics, earthquake or other adverse weather conditions, governmental restrictions, occurrences related to customs procedures ("Force Majeure Event").
To this extent, the Seller shall be exempt from responsibility for delays due to Force Majeure Event.
Customers are encouraged to do everything in their power to facilitate the delivery of the Order, making themselves available for receipt or delegating to a third party.
The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
5. Prices
All the prices published on the Site are inclusive of VAT ("Price"). The Prices will be shown in Euro (EUR) or other currencies as may be determined by the Seller.
In addition to the Price, the Customer shall pay the delivery cost.
Prices are subject to change at the Seller’s discretion. Any amendments made to the Prices will have effect from the date of their publication on the Site, with no retroactive effect on Orders that have already been accepted via a Confirmation Email.
Except in the event of a recognisable error in accordance with article 1431 of the Italian civil code, the Seller reserves the right to refuse acceptance of an Order for reason of error in the Price published on the Site or indicated in the email sent to confirm the receipt of the Order, that is, before the acceptance of the same Order by the Seller.
6. Defective and non-conforming Products – Warranty
Subject to the provisions set out in article 4 above, the Seller assumes responsibility for every defect in the Products.
The Seller warrants to the Customer that the Products sold are not defective and that they conform to what has been set out in the Contract, that is, in particular, that the Products:
- Conform to the description provided on the Site and possess the qualities of the Products that the Seller has presented to the Customer as a sample or model;
• Are appropriate for the purpose that goods of the same kind are normally used for;
• Possess the usual qualities and characteristics of goods of the same kind, and that the Customer can reasonably expect, taking into account the nature of the good.
For technological reasons, neither the Seller, nor the Site can guarantee that the visualisation of the colours on the screen will always be accurate.
Marginal differences between the description of the Product on the Site and the actual characteristics of the Product will not be considered cause for non-compliance of the Product for the purposes of the present Contract.
Without prejudice to the application of the mandatory consumer protection provisions, the guarantee of conformity of Products sold on the Site lasts for a period of 2 (two) years from the date of receipt of the Products on the part of the Customer.
In case of lack of conformity, the Customer may choose between the repair or replacement of the Product. If these remedies are impossible or disproportionate the Customer is entitled to either require the Seller to make an appropriate reduction in the Price or to the refunding of the Price These Terms and Conditions of Sale shall not affect any statutory consumer right.
The Customer will notify the Seller of any failure of conformity of the Products within a period of 30 (thirty) days from the date on which such failure of conformity is discovered by sending an email to returns@athleticsfootwear,com.
After receiving notice from the Customer, the Seller will contact the Customer to arrange the collection of the Products directly with the Customer.
The mere receipt of the Products on the part of the Seller after the initiation of the current procedure does not in any way represent recognition of a failure of conformity of the Products, there being necessary an accurate verification by the Seller.
7. Return of Products and Refunds
Please click HERE for details of our Return Policy, which is part of these Terms and Conditions of Sale.
8. Privacy Policy
The Customers will find information on how their personal data are processed by clicking on Privacy Policy.
9. Applicable law and disputes
These Terms and Conditions of Sale and the Contracts formed under the same rules are governed by Italian law.
In the event of a dispute arising in connection with these Terms and Conditions of Sale and the Contract, the court of the place where the Customer is domiciled or resident, if located in Italy, shall have exclusive jurisdiction. In the event the Customer's domicile or residence is not located in Italy, the Customer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Padova where the Seller is domiciled.
For European Union countries only: please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
10. Communications and complaints
For every communication, notification or complaint relating to an Order and to the application of these Terms and Conditions of Sale, the Customer can contact us at sales@athleticsfootwear.com.
11. Miscellaneous
In the present Contract, the singular form includes the plural and vice versa, depending on the context.
No waiver of the right to access remedies for the breach of the present Contract on the part of the Seller represents a waiver in relation to previous or subsequent breaches of any other provision contained in the Contract.
If any of the provisions of the present Contract is found by a court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from the Contract and the remaining provisions of this Contract shall continue in full force and effect.
Terms of Use of the Site
Access to and navigation on this website ("Site") implies acceptance of the provisions set out in these terms of use of the Site ("Terms of Use of the Site" or, in abbreviated form, "Terms of Use") by the user ("User"). Users who do not accept the content of the Terms of Use should stop access to and navigation of the Site.
The Terms of Use are part of the legal terms of this Site.
Athletics reserves the right to modify, in whole or in part, the Terms of Use. Users who do not accept such modifications should consider whether or not to continue navigating; in fact, use of the Site following the publication of the aforementioned modifications represents acceptance of the same on the User’s part.
The Site is owned by Athletics Footwear International Limited (“Athletics” or, alternatively, the "Owner") and is managed by Athletics and its related company Silver S.r.l. (“Silver”).
1. Site Activity
The Site displays, publishes, promotes, sells and distributes products ("Products") under the registered brands of Athletics and other trademarks of Athletics (together, the "Owner’s Trademarks"), whether registered or unregistered.
Users are invited to provide true and accurate personal information and to update their personal information (“Personal Information”) as provided at registration where such is out of date, and to read the Privacy Policy in relation to the processing of Personal Information and the rights of Users set forth by the applicable privacy protection law.
2. Intellectual property
All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of Athletics, its licensors or content providers, and is protected by intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Athletics or Silver, as the case may be.
Athletics and Silver shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Athletics and Silver shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
All the Owner’s Trademarks, both registered and unregistered, commercial names, logos and other distinctive signs of the Products and services used, visualised and howsoever contained on the Site are the exclusive property of the Owner, subjects connected to the Owner or the respective licensors or content providers.
These Terms of Use do not confer either on the Users or on the customers that buy Products or services on the Site ("Customers"), or to third parties, any right to use the Owner’s Trademarks; Users, Customers and third persons are reminded moreover that the use of such Trademarks for business, commercial or promotional purposes is strictly forbidden without the prior written consent of the Owner.
3. Links to other Websites
The Site may contain links to other web sites which are in no way connected to the Site or Athletics or Silver. Athletics and Silver do not control or monitor such third party web sites or their contents. Athletics and Silver shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, the Users privacy and the processing of the personal data of the Users when they are visiting those web sites. The Users are advised to pay attention when they access these web sites through the links provided on the Site and carefully read their terms and conditions of use and their privacy policies. These Terms of Use and the Privacy Policy do not apply to the web sites of third parties. The Site provides links to other web sites exclusively to help its Users in searching and surfing the Internet and to allow links to web sites on the Internet.
4. Disclaimer
This Site and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. Athletics and Silver expressly disclaim any representations and warranties.
To the maximum extent permitted by the applicable laws, in no event shall Athletics and/or Silver be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming) arising out of:
(a) the use of this Site, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through this Site,
(b) any transaction concluded through or from this Site,
(c) the Users inability to use this Site for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through this Site,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on this Site, or
(h) any other matter relating to this Site.
5. Personal Accounts
In the event of the creation of a personal account on the Site (“Personal Account”), the User commits to provide Personal Information which is true and accurate at the time of registration and to update it regularly.
Registered Users are invited to store their Personal Account access credentials in an appropriate manner and not to divulge them. Registered Users must communicate promptly to the Site any unauthorised use of the Personal Account access credentials.
Registered Users are responsible for all activity carried out via their Personal Account and may be held liable for any damages of any kind resulting from the improper use of their Personal Account access credentials or for any abuse of the services provided by the Personal Account.
6. Limitation of liability
The information regarding the Products on the Site is intended and published merely for descriptive or promotional purposes.
The look and colours on the Site depend on the settings of the User’s device and it is impossible to guarantee that the User’s device will correctly display the colours and images published on the Site.
The Site can modify or remove, temporarily or permanently, certain Products and/or services, or modify the retail prices of such Products or services, without providing any prior notice to Users regarding such modifications.
To the extent allowed by the applicable law, Athletics and Silver will not in any case be liable to Users, Customers or third parties for any damage or loss deriving from the use of the Site and/or the Site Content, including information contained on the Site (and, in particular, information relating to the Products ).
7. Users conduct
By downloading and/or using the Site, the Users agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site.
The Users also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit this Site to any third party, or jeopardize the correct functioning of this Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies this Site;
- attempt to gain access to secured portions of this Site to which Users do not possess access rights;
- impersonate any other person while using this Site;
- use this Site for any obscene or immoral purpose;
- use this Site to generate unsolicited advertisements or spam.
8. Submissions
Each User agrees that any proposals, designs, concepts, photographs, testimonials, and other items or material (except for User’s personal information) disclosed or submitted to Athletics through this Site or by other means (hereinafter "Submissions") are neither confidential nor proprietary to him or her. All submissions become Athletics’ property upon submission to Athletics. By making a Submission to Athletics, a User assigns to Athletics all rights, title and interests, including copyrights, in the Submission. Athletics has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay the User or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. By making a Submission, the Users agree that Athletica and Silver have the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to the Users or to any other person. The Users are and shall remain solely responsible for the content of any Submission they make.
9. Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with Italian law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Padova, Italy.
With reference to the process for purchasing Products, Users are invited to read the: Terms and Conditions of Sale.