adidas Terms and Conditions
These Terms and Conditions are comprised of the following sections below: 1. Introduction; 2. Purchasing Provisions; 3. Website Use and 4. Miscellaneous Provisions, additional policy, the provisions to which links have been provided or the document set (collectively “Terms and Conditions”).
1. INTRODUCTION
www.adidas.com.tr/("Website") is operated and managed by and for adidas Spor Malzemeleri Satış ve Pazarlama A.Ş., residing at Rönesans Biz Plaza Mecidiyeköy Mah. Oğuz Sk. No:4 34387 Sisli – Istanbul/Turkey, (“adidas”). By accepting the Terms and Conditions your request to become a member of this Website will be completed and the relation between you and adidas shall be subject to these Terms and Conditions.
adidas AG is the main company of the adidas Group that is comprised of many affiliated partnerships including Spor Malzemeleri Satış ve Pazarlama A.Ş. (referred to hereafter as "adidas/us/we").
2. PURCHASING PROVISIONS
Please read the following Purchasing Provisions carefully before ordering Products from the Website.
2.1 When are These Purchasing Provisions Applied?
These Terms and Conditions apply for all offers and contracts related to the purchase and delivery of our products, including the Distant Sales Contract. In other words, (i) If you order anything from our Website, (ii) Purchase anything from any website that is directly connected to our Website or (iii) accept anything that comes from us, you are considered to have accepted our Purchasing Provisions. It is only possible to go outside of these Purchasing Provisions by written agreement with us.
2.2 Products
We have various different products that may be presented on our Website from time to time. (“Products”).
Please be aware that in situations of limited print or production there may be additional restrictions applied like limiting the number of Products per customer. Additional limitations will be notified to you via the Website.
All of the Products shown on the Website are limited to inventory. This means that despite our best efforts to show the existing inventory on our Website, the inventory of a Product shown on our Website may be depleted.
Due to achieving different images of Products, imaging technologies or other technical reasons it is possible to see small differences in colors and other varieties. adidas is not responsible for these differences and deviations. No claims can be made based on any spelling errors, product definitions or other obvious errors on the Website. The customer always has the right to forfeit at set forth in the Distant Sales Contract.
2.3 the conditions of establishing a contract with adidas
You must be 16 years or older and there must not be any other legal reason preventing you from having the ability to undertake a contract.
You may order on the Website only if you are a consumer, you may not order if you are a reseller.
You undertake that the information you have provided in your request or order is accurate and complete.
2.4 How is a contract established with you?
2.4.1 The General Establishment of a Contract
The matters below apply to all product types. All of the information on the website is in the nature of invitatio ad offerendum. In other words the information is not in the nature of an offer or binding contract. You are considered to have accepted that your Order is an offer to buy the Products listed in the order.
All orders made by you are subject to our acceptance. We always have the right to confirm an order in advance and/or refuse and order without providing any reason or without being liable to third parties. If we do not confirm that your order has been accepted within ten business days at the latest, your order shall be considered refused.
Before establishing a sales contract we may choose not to accept your order at our own discretion. Examples of cases when we do not accept your order are as follows:
- If the Product/Products are shown on the Website but not in stock;
- We cannot obtain your authorization for payment;
- There are restrictions on sending certain products;
- Incorrect pricing or other descriptions that are wrong (obviously) as shown for the Product/products on the Website.
If we do not accept your order (or part of your order) we have the right to cancel your order (part of your order) without being liable towards you or third parties. After the cancellation process we will of course refund you for amounts paid to us (and received by us) for a cancelled order (part of an order).
After the sales contract has been established we have the right to cancel your order for the reasons that are specified in the scope of the Distant Sales Contract and therefore reserve the right to terminate the sales contract. After cancellation amounts paid to us in the scope of an order (or part of it) shall be refunded of course.
adidas has the right to refuse any order that is known or reasonably suspected to have been given with the help of software, robot, browser, spider or other automatic methods or with the help or inclusion of devices and fully reserves this right.
2.4.2 The Special Aspects to Establishing a Contract
After an order has been placed an order confirmation notification e-mail will be sent to you with the order number and details of the Products you are offering to purchase.
Be aware that the Click & Buy feature on the Website in your country may not include the Product order and payment option over the Website but may provide the ability to reserve a Product over the Website and to purchase and pay for the product later at a local store. The process of reserving with the Click&Buy feature is only possible at the selected adidas stores shown on the Website during payment. If you purchase the product you have reserved you are considered to have established a purchase contract with the local store you have chosen. This shall mean that you can only return this Product/Products to the store you purchased them from subject to their return policy. Therefore sections 2.13, 2.14 and 2.15 below shall not apply in this case as they are applied for Products purchased via the Website.
2.5 Retention of Title Clause
Until all amounts we are owed in the scope of any contract including expenses, early or late deliveries or partial deliveries are paid in full the Products shall remain the property of adidas. Until the ownership of any property passes completely on to you, you may not sell, dispose of or pledge this product.
2.6 Care of the Products
We would like to draw your attention to the washing and care instructions on the labels of our Products. We accept no responsibility to damage cause by use of our Products against the instructions or incorrect use.
2.7 Order Cancellation
Please refer to the Distant Sales Contract and Preliminary Information Form and/or contact customer services for more information.
2.8 Price
VAT is included in the specified prices. Prices are in Turkish Lira. adidas reserves the right to change prices before you make an order.
We reserve the right to change, limit or cancel any special offer or discount at any time.
Any additional costs such as transport, carrying, delivery, mail, insurance and, if applicable, customs fees and other administrative taxes shall be notified and charged to you separately. Expenses vary according to each Product and delivery type. For more information please refer to section 2.11 or the Delivery section of the Website. All additional expenses shall be charged separately, these expenses shall be itemized and added to the total order amount.
2.9 Forms of Payment
Please refer to the Distant Sales Contract and check the Website for available forms of payment
adidas reserves the right to check credit for each order per the adidas Confidentiality Notification. adidas reserves the right to refuse certain forms of payment as a result of these checks.
2.10 Billing
If bills are issued and submitted as a result of our preference or as required by law our right to issue and submit electronic bills shall be reserved and you shall accept this type of billing.
2.11 Delivery
Delivery shall be made to the address that is specified by you within the borders of Turkey. We can only make deliveries of Products to a home or work address or, if you prefer, to a carrier location or adidas store. We will send you an e-mail to confirm that the Products are ready to be picked up by you. If a delivery attempt is unsuccessful you accept that the carrier we have assigned to deliver the Products may deliver the products to the carrier’s pick up location and once this is done adidas’s obligation to deliver has been fulfilled. The carrier shall notify you of the delivery to the pick up location.
Free Shipping is only valid for standard delivery of orders totaling at least 150 TL (subject to revision from time to time, completely at our discretion). If you choose to use our Click & Purchase from our store option there will be no shipping fees.
Orders shall be dispatched on business days. No deliveries will be sent out on the official holidays in the regions where our warehouses are located. Therefore please be aware of the national and/or religious holidays in the country of your residence. Deliveries shall be made on business days that are not holidays.
For more detailed information about deliveries please refer to the specifications on different types of delivery in the Delivery section of our Website. The delivery times are estimations and therefore cannot be accepted as definite delivery dates. Only exceeding the delivery time shall not give you the right to compensation and with this document you have waived your rights to compensation. Despite this if there is an unexpected delay on an expedited order we may, completely at our own discretion, refund you the entire Expedited delivery fee. This shall mean the full delivery of your Product order may take longer.
adidas has the right to make partial deliveries to ensure that you receive your Products as soon as possible within a reasonable framework. There is no additional fee for such partial deliveries. However, if you request partial deliveries we may charge you additional delivery fees. A sales contract shall be generated for each partial delivery.
If the customer requests partial delivery and we make the partial delivery late or a piece of the order is defective this shall not give you the right to cancel any other part of the order.
Although it is very unlikely, if we cannot deliver your order (or part of it) after we have established the sales contract or become unable to make the delivery and we are not responsible for causing this, we shall have the right, to the extent allowed by the Distant Sales Contract to terminate the sales contract. In this case you will, of course, be notified by us as soon as possible and within the period of time that is specified in the Distant Sales Contract and any payments made by you will be refunded.
2.12 Returns and Refunds
Please refer to the Distant Sales Contract, Preliminary Information Form and Returns and Refunds section of our Website for more information on Returns and Refunds.
2.13 Exchange Policy
There are no exchanges on Products. If you want to exchange a product you must send your purchase back for a refund and submit a new order. You can only receive a refund if the return process is done according to our Returns and Refunds Policy in section 2.12.
2.14 Damaged or Defective Products
The most important thing for adidas is quality. All of Our Products are tested in real life conditions to make sure they are suitable to the purpose for which they are designed and stay sturdy. It is extremely rare for our products to be damaged or defective. adidas is legally obligated to make sure that our Products are in accordance with the sales contract.
Returned Products are subjected to inspection by the adidas Quality Control Department and if the damage has been caused by a production error or deviation from the manufacturing specifications it will be refunded. We undertake to refund the cost of all Products that are produced defectively.
If the problem is caused by reasons other than the material quality or assembly process the original Product is returned to you. Products are not refunded in the following situations:
- If they are purchased from a supplier outside of the Website;
- If they are damaged as a result of abuse or neglect (ex. being exposed to chemicals, corrosives, open flames, excessive heat, sharp objects, etc.); and/or
- If they are damaged as the result of abuse or use in activities other than the intended use (ex. running shoes being used in court sports or hiking boots being used as work boots, etc.)
Please remember that the expected period of use for any Product depends on the person using the Product, the conditions of use and the characteristic dressing style of the user. Products with normal wear and aging or Products that are damaged due to being used longer than the reasonable period of use shall not be replaced with a new Product.
Our Customer Services team is ready to help you. Please do not hesitate to contact us for questions and comment by clicking here.
3. USE OF THE WEBSITE
Please read the Terms and Conditions (“Website Use Terms and Conditions”) for using this Website before using any adidas content (referred to collectively as “Website”) on social media websites including but not limited to Facebook and Twitter. These Website Use Terms and Conditions apply to all Website visits and use as well as all Content (defined below), information, suggestions, products and services presented to you via the Website. By accessing the Website and using it you accept the Website Use Terms and Conditions entirely in addition to all the laws or regulations that apply to Website and the Internet. If you do not accept this Website Use Terms and Conditions please leave the Website immediately.
3.1 Website Content
All of the content (“Content”) on or presented in the Website including but not limited to logos, icons, commercial brands, texts, graphics, photographs, images, active images, sound, illustrations and software is the property of adidas AG, affiliated companies, license owners or content providers. All elements of the Website including but not limited to General design and Content, are protected by copyrights, emotional rights, database rights, brand and intellectual property rights and other laws related to these. Unless it is explicitly permitted in this contract or another contract with adidas no part or element of the Website or its Content can be copied or re transmitted. The Website, Content and all related rights shall remain the exclusive property of adidas, affiliated companies or license owners unless explicitly decided otherwise.
3.2 Copyrights and brands
The copyright for all content, as is suitable, is the property of adidas, affiliates and license owners and shall remain their property. Unless specified otherwise in special documents on the website, you only have the authority to view, play, print and download the Content that is found over the Website for personal, information and noncommercial purposes. You may not make any changes in the material, copy, distribute, transmit, show, execute, reproduce, broadcast, license, do derivative actions on or sell any content. You may not reuse any Content without the previous consent of adidas. In accordance with the purpose of these provisions, the use of this content on any other Website or network based computer is prohibited. Any copyright, brand or other notification of ownership in the Content on the Website shall not be removed by you.
If you download software (including but not limited to screen savers, smart phone applications, icons, videos and wallpaper) from the Website all files and images along with data accompanying the software that are included in the license and created by the software are (collectively referred to as “Software”) are given to you by adidas. adidas does not transfer ownership to you. You may own the setting to which the software is registered but adidas holds ownership of all software and the intellectual property rights that belong to it. You may not redistribute, sell, decompile, reverse engineer, create a source code or convert the software into another readable format.
The adidas Group products, packaging and/or brands, service brands, logos and commercial titles (“Brands”), whether they are copyrighted or not, shall remain under the exclusive ownership of adidas, affiliations or license owners (as is applicable) and are protected by enforced trademark laws and agreements. You may not use, copy, reproduce, re broadcast, upload, share, transmit, distribute or share any one of the brands, including advertisement or promotion for distributing materials over the Website, without the prior written consent of adidas. Storing the Website (or a portion) for the brands on any external website, creating a link, hyper text, connection or deep connection between the Website and another internet Website or using it in any other Website or network computer setting without the explicit written consent of adidas is strictly prohibited.
3.3 Waiver of Commitment
The Website and Content is free of charge and presented ‘as is’ without any commitment. The information on the Website is for general information and is not in the nature of recommendation.
adidas does not declare or undertake that the information and/or other instruments on the Website are correct, complete or current or that there are no viruses or other harmful components on the Website or on the server that makes the Website usable. Also adidas shall not provide a special BT infrastructure or connectivity. Therefore adidas does not declare or undertake that the Website shall operate without interruption or error. adidas does not make any declarations or commitments as to the accuracy, realness, sufficiency, benefits, timeliness, reliability or other aspect of using the content on the Website.
3.4 Limitation of Liability
The risk for using this Website belongs entirely to you. In situations where the conditions, commitments or consumer guarantees specified or applied by law cannot be excluded, regarding the services for which adidas has the authority to do this, adidas limits it liability to re supplying or paying the expenses for re-supplying services and regarding products limits its liability to the repair or replacement of such products or the paying for such repairs or replacements to be made.
Otherwise, to the degree allowed by law, adidas or its employees, administrators or representatives, contractors and any other party that was included in the creation, production or delivery process of this Website and its content, even if they have been informed of the possibility of any damages or losses in any way (by neglect or other), shall not be liable (and you shall release all people and companies named in this document from all liability) for any direct, indirect, special, connected or other type of damages and losses to any person or company, including those generated from using or not using any material or product presented to you by this Website or Content or through this Website, viruses or due to any errors or deficiencies of information on the Website or related to the execution of products obtained through the Website or generated by the Website or the Terms and Conditions or in connection with these.
3.5 Links Provided to Third Parties
For your comfort and to improve your Website use experience links may be provided to websites that are under the control of third parties from time to time. These links take you outside of the adidas services and are beyond the control of adidas. Links to partners that have been allowed to use the Brands as part of a branding contract are included in this. Websites that you can connect to, have their own separate terms and conditions and confidentiality policies. adidas is not responsible and cannot be held responsible for the content and activities of these Websites. Therefore you are completely responsible for the risk associated with visiting/accessing these Websites.
Please do not forget that these other Websites may send their own cookies to users, collect data or ask for personal data and therefore you must check the user terms and/or confidentiality policies of these Website before using them.
3.6 Abusing the Website
It is strictly forbidden for you to use the Website to share or transmit Content Created by the User (as defined below) which infringes on the intellectual property rights of third parties or contains threatening, wrong, misguiding, harassing, degrading, privacy compromising, indecent, pornographic, abusive, discriminating content that is illegal or considered a crime, encourages infringement on the rights of others or can result in legal liability otherwise or break any law. adidas, may, completely at its own discretion, bar you from accessing the Website at any time including in situations when it is believed you are violating the Website Terms and Conditions and/or any one of the current laws in force.
Also it is prohibited for you to use the Website for advertisement or any other commercial purposes.
(a) You may not use any type of software, robot, bug, spider, page scraper or any other automated tool or device to provide access to the Website or any of its content, to copy, influence or track these or spoil the structure or presentation of the Website or any of its content or (b) interfere with the Website or any process that is being done over the Website or influence or interfere with anyone’s use of the Website or assist in making it easier for any third party to purchase a product over the Website.
You may not attempt unauthorized access by hacking, decoding or other using other illegal and unauthorized means to enter the Website or any portion of the system related to the Website.
3.7 Content created by the user
All of the ideas, information, comments, drawings, graphics, photographs, links, questions, suggestions, information, videos and other materials (“Content Created by User”) shared or transmitted via the Website by you and other Website users shall be considered content that is not confidential and not copyrighted. According to this adidas has a nonexclusive, royalty-free (license issue) right to use, copy, distribute to third parties and disclose any Content Created by the User in any setting and throughout the world. You accept and declare that adidas is only a passive intermediary in the distribution of Content Created by the User and we are not responsible or liable to any third party concerning the content or accuracy of the Content Created by the User. Adidas shall not undertake the constant monitoring of Content Created by the User that has been broadcasted by you or try to mediate between users and shall not have any such obligation. The information, idea, comment, suggestion or other information expressed in the Content Created by the User, not to limit the generality of those mentioned above, may not always represent adidas’s position. The risk for using Content Created by the User shall belong solely to you. You declare and undertake that any Content Created by the User that you share or transmit is exclusive to you, that you have not copied any third party’s work or infringed on the intellectual property rights of any third party or infringed on confidentiality and individual rights and that the content does not contain degrading or insulting phrases. Also you declare and undertake that you have the authority to supply the license that is set forth in this paragraph. You hereby accept to compensate adidas for all expenses, expenditures, damages, losses and debts that adidas and affiliates are exposed to as a result of any Content Created by the User that is shared or transmitted by you or by your use of the Website.
Adidas reserves the right, completely at its own discretion, to block or remove any Content Created by the User shared or transmitted by you, that adidas feels is not in accordance with the Terms and Conditions for using this Website (including materials that infringe on or could infringe on third party intellectual property rights, confidentiality or individual rights) or is unacceptable to adidas in some other way.
You hereby accept to notify adidas immediately in writing concerning any Content Created by the User (or other content) that violates these Terms and Conditions for using the Website (please refer to the How to Contact s section provided below for contact information). You hereby accept to provide adidas with sufficient information to enable an investigation into whether or not Content Created by the User (or other content) similar to this violates these Terms and Conditions for using the Website. adidas accepts to show all necessary effort to investigate such a complaint in good faith and shall take action completely at its own discretion in such a situation. However adidas does not declare or undertake to block or remove such Content Created by the User or other Content (completely or partially).
3.8 Unsolicited ideas
Adidas follows a policy not to review or accept unsolicited text, images, sound, software, information or other media containing ideas, inventions, designs and/or other material (“Materials”) concerning the operations of adidas (including but not limited to shoes, clothing, sports equipment and services) from outside individuals. Therefore you must not share any such Material on the Website or you should send these to adidas by e-mail or via other means.
4. MISCELLANEOUS PROVISIONS
4.1 How Can You Contact Us?
If you have any questions or comments concerning the Website or the Terms and Conditions; or in the event of a rare occurrence that causes you to have a complaint, please do not hesitate to click here to contact our Customer Services.
You can also write to us at the following address:
adidas Turkey, Inc.
14/F Fort Legend Tower,
3rd Avenue Corner 31st Street, Bonifacio Global City
Taguig, 1634
Turkey
email :support-en@onlineshop.adidas.com.tr
Call : Customer Service 1800 1651 0812
4.2 Priority Provisions
If there is a conflict between the Terms and Conditions and other sections or links that are on the Website, priority shall be given to the adidas Terms and Conditions that are on this document in addition to the Distant Sales Contract and the Preliminary Information Form.
4.3 Changes in the adidas Terms and Conditions
We reserve the right to make changes in these Terms and Conditions completely at our own discretion, at any time and without consulting you, and according to this you are considered to have confirmed the existing Terms and Conditions that apply to you.
This Website and the use of any purchase contract made between us and you shall be subject to the version of Terms and Conditions that are in force at the moment that you have submitted an order through this Website or the date that you viewed this Website (whichever is applicable).
Please check the Terms and Conditions periodically for any changes.
4.4 Protection of Data
adidas fully respects the privacy of all people who access and use the Website. Please refer to our Declaration of Confidentiality and our Cookies Policy which is a part of this for details on our method of using cookies, which information we collect for what purpose and how, how and under what conditions we use and disclose your information.
By giving a purchase order you accept and understand that we may, per our Declaration of Confidentiality collect, use, store and process your information.
4.5 Severability
The provisions of every adidas Terms and conditions shall be interpreted separately and independently. If any provision is considered invalid, void or inapplicable in any other way this provision shall be considered separated from the adidas Terms and Conditions and shall not affect the validity of any other of the provisions.
4.6 Subcontracting and transfers
Adidas reserves the right to transfer or assign to subcontractors or renew all or part of its rights and obligations in the scope of these Terms and Conditions, as long as your rights under these Terms and Conditions are not affected and this is allowed by law. You may not give, transfer or hand over in any other way your rights and obligations in the scope of adidas Terms and Conditions without our written consent.
4.7 Events that exceed reasonable control
If adidas delays or is unable to fulfill its obligations in the scope of these Terms and Conditions or is unable to comply with these Terms and Conditions due to events that are beyond its reasonable control adidas shall not be held liable.
4.8 The law in force and jurisdiction
The adidas Terms and Conditions are subject to Republic of Turkey Laws.
The Istanbul, Turkey (Çağlayan) Courts shall be authorized in the resolutions of any disputes arising from these Terms and Conditions.