Please read these Terms and Conditions carefully before ordering Products online from our Platform.
You are reading these Terms and Conditions (“T&C’s”) because you are using a Zelus Sport website, or one of our other products or services, all of which are part of Vitality Store platform (“Platform”). These Terms and Conditions create a legally binding agreement between you and Zelus Sport and its affiliates (which we may refer to as “Nike Team”, “Zelus” “NIKE,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. We may revise these Terms and Conditions without notice by posting revised Terms and Conditions on its Platform. The Terms and Conditions posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us: email@example.com
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with us, and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for Zelus Sport 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 in our platform by someone who resells, or intends to resell, the NIKE product to others (consumers, businesses or any third party). 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 Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the payment has been received - we will send you an email confirming that the order has been placed (“Order Confirmation”). At this point a contract, containing these Terms and Conditions, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and Conditions 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.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfilment 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:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with us;
- you are a reseller;
- there was an error in the price displayed on the Platform; or
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control
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. 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.
You can find the available payment methods for each country in the Check-out section of Vitality Store (the “Website”). We do not accept any method of payment other than those listed in the help section for orders placed in the website. Please do not try to pay by any other way than specified there. If you do wish to use a different payment method, please contact our customer services line.
We want to make buying your favourite Vitality Store items fast and easy, and we accept the following payment options:
- Visa, MasterCard, American Express, Visa Electron, Maestro
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order is placed. If you pay by bank transfer (only available for bulk orders), we will start production of your order 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. Payments can only be processed if the billing information can be verified.
We retain title in any product(s) until we have received full payment for such product(s).
PRICES AND TAXES
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. Dependant on the delivery country you may incur on Custom or clearance taxes for which you are liable. For more details on shipping rates per country and customs see the Shipping section of the Website.
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.
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.
SHIPPING & DELIVERY
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 fulfil an order to a delivery address which is a home or office address.
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 products may be manufactured at different factories, an order for multiple customized products may result in split shipments.
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.
For most customized items, you can submit a combination of letters, spaces and numbers to form an “ID” – a personalized message that appears on your creation. We reserve the right in our sole discretion to decline an ID, for example because it contains a trademark belonging to third party, or the names of sports teams, athletes or celebrities that you do not have the right to use, or because it contains material that we consider inappropriate. If we reject your ID you will be notified as soon as possible by e-mail.
Consumer acknowledgements relating to customization
Both your design of the item (the colour combination etc.) and the personalization shall be created by you. To the extent this is not the case, you hereby guarantee that you are authorized to use the design, logos, crests or the personalization created by someone else.
Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design or personalization.
Intellectual property of uploaded crests and logos
When uploading own crests or sponsors images, the customer is liable for ensuring that have the relevant intellectual property rights, do not infringe copyrights, or have authorisation by writing from the owner of the intellectual property. Vitality Store may at our own discretion, ask for proof of ownership should any doubts arise.
Likewise, we expressly forbid customers to upload content that could be prohibited by law, offensive or libellous. Vitality Store can deny the production of an order at its own discretion if considers the order contravenes the above.
Vitality Store stablishes several layers of moderation to prevent forbidden content to be used in our orders. An automated system identifies the uploaded content against an ever-growing list of forbidden words, should be the case, the pre-visualisation of your order will feature the word “swoosh”. Also, the customer is requested to accept a declaration confirming it owns or have the rights to use the intellectual property before uploading an asset. Finally, our operations partner will review the order.
If despite all our efforts an order is placed contravening the above indications, Vitality Store reserves the right to destroy the products at the customer’s costs and seek compensation for any liability caused. Zelus Sport do not claim property of the logos uploaded.
Orders can be cancelled at any time before the items are picked for production in our warehouse. To do so, you can contact our customer services. Unfortunately, once the order is picked by our warehouse for production we do not have means to amend or cancel your order, so we strongly encourage you to review the order summary to prevent disappointment.
We provide you with several opportunities to review your order. We encourage you to review all the details in your basket before you check out. On the basket you will have the opportunity to amend the quantities, sizes, and embellishment to prevent, for example, spelling mistakes. Once an order is placed, we will send you an email with a summary of each item. We will withhold your order for a period of 2 hours after the email confirmation is sent, to allow you to review your order and contact us in case any amendment is required.
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. 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.
YOUR RIGHT OF WITHDRAWAL
If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 30 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 30 calendar days after the last product is delivered, without giving us any reason.
If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide of you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. The right of withdrawal does not apply if the product is made to your specification or clearly personalized.
You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement (e.g. by a letter, fax or e-mail). It is sufficient that you send this statement to us before the withdrawal period ends.
If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products.
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. For practical information on how to return and for refund timelines, see here.
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 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 and Conditions:
a) We will contact you as soon as reasonably possible to notify you; and
b) 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. 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 and Conditions.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
Each of the paragraphs of this Terms and Conditions 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 and Conditions, 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.
CHOICE OF LAW/JURISDICTION
You agree that the Platform, Terms and Conditions, and any dispute between you and us shall be governed in all respects by English law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of products from our platform) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of England and Wales.
In case you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed, you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.