Nike Terms of Sale
ARCHIVED 2024-06-17, DATE APPROXIMATE · VERSION 20240617_rev01 · COMPARED WITH 20220123_rev01
Full text changes — 20220123_rev01 to 20240617_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 9 | 9 | 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. |
| 10 | 10 | |
| 11 | 11 | [AUSTRIA](), [FRANCE](), [GERMANY](), [HUNGARY](), [ITALY](), [POLAND](). |
| 12 | 12 | |
| 13 | 13 | **APPLICABILITY** |
| 14 | 14 | |
| 15 | 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**](http://agreementservice.svs.nike.com/rest/agreement) 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. The Terms of Sale 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. Your use of the Platform is also governed by NIKE's [Terms of Use](http://agreementservice.svs.nike.com/rest/agreement) and [Privacy Policy.](http://agreementservice.svs.nike.com/rest/agreement) The Terms of Use are incorporated herein by this reference. **\[****See [Hungary]() terms.\].** | |
| 15 | 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**](http://origin-agreementservice.svs.nike.com/rest/agreement) 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. The Terms of Sale 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. Your use of the Platform is also governed by NIKE's [Terms of Use](http://origin-agreementservice.svs.nike.com/rest/agreement) and [Privacy Policy.](http://origin-agreementservice.svs.nike.com/rest/agreement) The Terms of Use are incorporated herein by this reference. **\[****See [Hungary]() terms.\].** | |
| 16 | 16 | |
| 17 | 17 | **PLACING ORDERS ON THE PLATFORM** |
| 18 | 18 | |
| 19 | 19 | ELIGIBILITY TO ORDER |
| 20 | 20 | |
| 21 | 21 | 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 Nike, and be a consumer - not a reseller. |
| 27 | 27 | HOW TO ORDER |
| 28 | 28 | |
| 29 | 29 | You need an email 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 bag and submitting your order. |
| 30 | 30 | |
| 31 | 31 | 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 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. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. |
| 32 | 32 | |
| 33 | \[See [**Poland**]() terms.\] | |
| 34 | ||
| 33 | 35 | OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT |
| 34 | 36 | |
| 35 | 37 | 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: |
| 36 | 38 | |
| 37 | 39 | - the product is not available / in stock; |
| 38 | 40 | - your billing information is not correct or not verifiable; |
| 283 | 285 | You agree that the Platform, Terms of Sale, and any dispute between you and NIKE shall be governed in all respects by Polish law. |
| 284 | 286 | |
| 285 | 287 | 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 NIKE products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts competent under applicable law. |
| 286 | 288 | |
| 287 | 289 | In case you have a complaint or feel there is a dispute between us, please contact us via [contact us page](https://help-en-eu.nike.com/app/contact) first. In case the dispute between us is not resolved you can - but are not obliged to - use the Online Dispute Resolution (ODR) platform that you can access through [http://ec.europa.eu/odr](http://ec.europa.eu/odr)." |
| 288 | 290 | |
| 289 | Date of Last Revision: September 2021 - WE/CEE | |
| 291 | The section above titled "HOW TO ORDER" is amended by adding the following: | |
| 292 | ||
| 293 | "By accepting these Terms of Sale, you: | |
| 294 | ||
| 295 | (a) Request that an invoice will be issued for your purchase and | |
| 296 | ||
| 297 | (b) Agree that said invoice will be issued in an electronic format and will be provided to you by email." | |
| 298 | ||
| 299 | Date of Last Revision: March 2023 - WE/CEE |