Nike Terms of Sale

20251107_rev01 · COMPARED WITH 20250815_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

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1### **(WESTERN EUROPE, CENTRAL EUROPE, EASTERN EUROPE)**
1**TERMS OF SALE**
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3These Terms of Sale apply to western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different [terms]().
3Last updated: November 2025
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5Please read these Terms of Sale carefully before ordering Products online from the NIKE platform.
5**1. INTRODUCTION & APPLICABILITY**
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7If 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.
71.1. INTRODUCTION
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9[AUSTRIA](), [FRANCE](), [GERMANY](), [HUNGARY](), [ITALY](), [POLAND]().
9These Terms of Sale ("**Terms of Sale**" or "**Terms**") give you information about and set forth the legal terms and conditions that apply to the sale of products (including any Customised Products as defined in Section 6.1) ("**Products**") to you in NIKE Stores (as defined below) in any of the countries listed below, as well as to certain services we may provide to you in the context of such sales.
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11**APPLICABILITY**
11These Terms of Sale apply to your shopping, orders, purchases, and returns via NIKE-owned digital stores that enable online consumer purchases through Nike.com, SNKRS or the Nike app (each a "**Digital Store**", all of which are part of NIKE's platform). Digital Stores are collectively referred to in these Terms of Sale as "**Digital Stores**" or "**NIKE Stores**").
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13You 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](https://agreementservice.svs.nike.com/rest/agreement/localEntities/en/NL/com.nike.tos/redirect/false) 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](https://agreementservice.svs.nike.com/rest/agreement/termsOfUse/en/NL/com.nike.tos/redirect/false) and [Privacy Policy.](https://agreementservice.svs.nike.com/rest/agreement/privacyPolicy/en/NL/com.nike.tos/redirect/false) The Terms of Use are incorporated herein by this reference. **\[****See [Hungary]() terms.\].**
13Please note that the purchase of NIKE gift cards is subject to separate conditions, which can be viewed under the Gift Cards section on our website.
1414
15**PLACING ORDERS ON THE PLATFORM**
15Please read these Terms of Sale carefully and check that the details of your order are complete and accurate before ordering Products online. By shopping online and accepting the Terms of Sale at checkout you are agreeing to be bound by these Terms of Sale. If you do not agree to the Terms of Sale, you must not make an online purchase. These Terms of Sale and any document expressly referenced herein constitute the entire agreement between you and Nike as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
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17ELIGIBILITY TO ORDER
171.2. HOW TO CONTACT US
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19To 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.
19If you have any complaints or questions, including without limitation, in relation to these Terms of Sale, please contact us via the Contact Us section on our website.
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21NO PURCHASE FOR RESALE
211.3. SELLER OF RECORD
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23The Platform is intended solely for NIKE 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 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.
23These Terms of Sale create a legally binding agreement between you and **NIKE RETAIL B.V.** ("**NIKE**," "**we**," "**us**," or "**our**"), located at Colosseum 1, 1213 NL Hilversum, the Netherlands, as the seller of record regarding all purchases.
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25HOW TO ORDER
25These Terms of Sale are entered into for NIKE's own benefit and for the benefit of any other member of the "**NIKE Group**" (meaning Nike Inc., NIKE, their subsidiaries, and/or any company which is their parent undertaking). NIKE, on behalf of any member of the NIKE Group, and any member of the NIKE Group individually, shall be entitled to enforce any and all of the provisions of these Terms of Sale.
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27You 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.
271.4. COUNTRIES IN SCOPE
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29When 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.
29These Terms of Sale apply in the following countries**: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, Sweden, United Kingdom**.
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31\[See [**Poland**]() terms.\]
31If you are shopping in or from any of the countries identified below, please note that additional country-specific terms may apply to you which are available at the end of these Terms of Sale under Section 14 or by clicking on the country reference link below. These additional terms override the Terms below to the extent of any inconsistency.
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33OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
33\[See [**Belgium**]() terms\]
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35Fulfilment 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:
35\[See [**France**]() terms\]
3636
37- the product is not available / in stock;
38- your billing information is not correct or not verifiable;
39- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
40- you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with Nike;
41- you are a reseller;
42- there was an error in the price displayed on the Platform; or
43- we could not deliver to the address provided by you;
44- due to an Event Outside Our Control (see below).
37\[See [**Germany**]() terms\]
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46**\[See [France]() terms.\]**
39\[See [**Netherlands**]() terms\]
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48DATA CHECK
41\[See [**Hungary**]() terms\]
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50When 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.
43\[See [**Poland**]() terms\]
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52**PRICE/PAYMENT**
45\[See [**Portugal**]() terms\]
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54PAYMENT METHODS
47\[See [**Spain**]() terms\]
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56You can find the available payment methods for each country in the help section of Nike.com (the "Website"). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
491.5. ADDITIONAL TERMS
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58PAYMENT PROCESSING
51Your use of and access to NIKE Stores is also governed by NIKE's Terms of Use, which can be viewed [here](https://agreementservice.svs.nike.com/rest/agreement/termsofuse/en/NL/com.nike.tos/redirect/false). The Terms of Use are incorporated herein by this reference. If there is a conflict between these Terms of Sale and the Terms of Use, the provisions of these Terms of Sale will take precedence to the extent that such conflict relates to the Products, shopping, orders, purchases, and returns via NIKE Stores, provided that in the event of conflicting provisions, the consumer shall always be entitled to invoke the applicable provision that is more favourable to the consumer.
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60If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized (NIKEiD) products) 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.
53You may provide certain personal information to Nike by shopping in any NIKE Store or purchasing any Product from NIKE, or we may otherwise collect certain information about you when shopping in a NIKE Store or purchasing any Product from NIKE. We will process your information in accordance with our [Privacy and Cookie Policy](https://agreementservice.svs.nike.com/rest/agreement/privacypolicy/en/NL/com.nike.tos/redirect/false). Our Privacy and Cookie Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
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62TITLE TRANSFER
551.6. CHANGES
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64We retain title in any product(s) until we have received full payment for such product(s).
57We may make changes to these Terms of Sale at any time by posting a revised version of these Terms of Sale online. The "_Last Updated_" date above indicates when these Terms of Sale were last changed. Any changes introduced will not be retroactive. You are bound by the Terms posted online and accepted at the time when you are shopping in a NIKE Store or when you place an order. If you do not agree with the changes made, we recommend you do not make an online purchase.
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66PRICES AND CURRENCY
59**2. PURCHASE OF PRODUCTS**
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68The 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. For details on shipping rates per country see the help section of the Website.
612.1. AGE ELIGIBILITY REQUIREMENTS
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70Prices are quoted in local currency Euro with the exception of UK, Sweden, Norway, Switzerland, and Denmark where prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
63To order or purchase Products in NIKE Stores, you must be at least 16 (sixteen) years old. When placing an order via Digital Stores, you confirm that you are at least 16 (sixteen) years old.
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72YOUR TOTAL PRICE
65If we have reasonable grounds to believe that you do not meet our age eligibility requirements, we reserve the right to take any action against you, including, without limitation, to refuse your order(s), to terminate any Contract (defined in Section 2.3 below) or to take any other measures in accordance with Section 2.6.
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74The total price specified in the final checkout 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.
672.2. NO PURCHASE FOR RESALE
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69You must use our Products only for domestic and personal use. You must not use our Products for a commercial, business or resale purpose.
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71NIKE Stores are intended solely for NIKE to sell Products direct to consumers, and therefore ordering or purchasing of Products for resale is **strictly prohibited**. By orders or purchases for resale we mean the order or purchase of a Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). Indications of orders or purchases for resale or distribution purposes, include without limitation, the following:
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73· the use of multiple different accounts with the same, similar or fictitious receipt address without reasonable reason;
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75· the use of multiple different accounts with the same recipient phone number, payment account, recipient, or IP address without reasonable reason; or
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77· Unusually high quantities of single Product purchases, or unusually high quantities of purchases of multiples sizes of the same style or Product without reasonable reason.
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79If we have reasonable grounds to believe that you are involved in orders or purchases for resale, we reserve the right to take any action to hinder such order or purchase (and deter future orders or purchases), including, without limitation, to refuse your order(s) or to terminate any Contract or to take any other measures in accordance with Section 2.6.
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812.3. OUR PRODUCTS
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83Descriptions of our Products are set out in Nike Stores. Please read the descriptions carefully.
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85In respect of our Digital Stores:
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87· pictures and images of the Products and their packaging are for illustration purposes only. Your Products and their packaging may vary slightly from those pictures or images. In case of a difference between the image and the written product specifications, the latter will always prevail;
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89· we cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Digital Stores may vary depending on what device you are using and your settings;
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91· all weights, sizes and measurements set out in our Digital Stores are as accurate as possible.
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932.4. ONLINE ORDER PROCEDURE AND CONTRACT FORMATION
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95You can place an order online by completing all steps of the order procedure in our Digital Stores. This Section 2.4 contains information on the steps required to form a Contract between you and us.
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97To the extent admitted by applicable law, all information and Products listed in our Digital Stores do not in any way constitute an offer of sale to you. Through the information contained on and the Products listed in our Digital Store, we are providing you with an invitation to make an offer to purchase one or more Products on our Digital Stores by placing an order. We explicitly reserve the right to remove or edit information and Products from our Digital Stores at any time.
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99To the extent admitted by applicable law, we are under no obligation to accept your order and we explicitly reserve the right to refuse your order in accordance with Section 2.6 below. We will generally accept your order if the Products are available, the order reflects current prices, we have no reason to believe that you do not meet the eligibility requirements, or that you are not ordering or purchasing for resale and your preferred payment method is validated. There shall be no contract between you and NIKE until your order has been expressly accepted by us in accordance with this Section 2.4.
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101When you place your order, we may run some checks on it before it is fulfilled. These checks may include verifying the availability of the Products, verifying your address and checking for fraud. We run partly automated checks on all orders to filter out unusual or suspicious transactions, or transactions which can be identified as susceptible to fraud. Any suspected fraud in relation to our Digital Stores will be investigated and, if necessary, prosecuted.
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103You need a valid email address to place an order via our Digital Stores, which we will use during the order process to form the Contract between you and us:
104
105· When you have completed all steps of our online order process and submitted your order by clicking "Submit Payment", we will send you an email detailing the Products you have ordered and acknowledging receipt of your order ("**Order Acknowledgment**"). Please keep in mind that all orders are subject to our approval and that the Order Acknowledgement does not mean that your order has been accepted by us. Until we send you the Order/Shipping Confirmation, you can cancel your order in accordance with Section 2.5 below;
106
107· If you use an offline payment method (such as real time bank transfer, iDEAL, SOFORT, etc.) you will be required to pay for your order to complete the online order process. Once we receive your payment, we will send you an email to confirm the receipt of your payment ("**Payment Confirmation**"); If you pay with credit card, payment will be withdrawn from your account when you receive the Order/Shipping Confirmation. Payment through other payment service providers like Klarna will be carried out through the payment service providers´ platform according to your payment plan.
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109· Our acceptance of the order takes place when the Products are shipped to you, at which moment we will send you an email with an order number, information on delivery times and how to track your shipment ("**Order/Shipping Confirmation**"). At this point a contract is formed between NIKE and you (the "**Contract**"), which is binding for both parties, but only for the Products listed in the Order/Shipping Confirmation and subject to your and NIKE's rights to terminate the Contract in accordance with these Terms of Sale.
110
111· We are not obliged to provide you with any other ordered Product that has not been listed in the Order/Shipping Confirmation until we confirm that these have been sent in a separate Order/Shipping Confirmation. These Terms of Sale apply to the purchase of Products from Nike in accordance with Section 1 above and form an integral part of the Contract. We will contact you by email to tell you if we do not accept all or part of your order.
112
113· If we do not accept your order in full or in part but your account has already been charged, the amounts paid for the ordered Products that have not been accepted shall be reimbursed in full.
114
115· Finally, we will send you an email containing the invoice for your order ("**Invoice**"). For more information about your Invoice, please be referred to Section 2.7 below.
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117We will store information relating to your order securely and we will send you a copy of the Terms of Sale in force when your order is accepted as an attachment to your Order/Shipping Confirmation. We recommend that you print or download a copy of these Terms of Sale and the relevant Shipping/Order Confirmation and Invoice for future reference. Please use the usual commands in your web browser (usually File > Save As) to print or save these Terms of Sale. While we do send you an Order/Shipping Confirmation, you may also archive your order details by using the usual commands in your web browser to save the order summary appearing on the last page of the order procedure.
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1192.5. CANCELLING YOUR ORDER
120
121We begin processing orders placed via our Digital Stores almost immediately. As a result, we can only provide you with a limited timeframe to cancel your order after submission. If you wish to cancel your order, please check the status of your order first by visiting the "Order Status" under your account. If, after placing your order, you have not yet received your Order/Shipping Confirmation, or if the status of your order is "Pending" or "On Hold", we may still be able to cancel your order for you.
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123If you want to cancel your order, please reach out to us via the Contact Us section on our website. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the Product(s) will be delivered to you and may be returned under your withdrawal rights as set out under Section 7 below.
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1252.6. OUR RIGHTS IN RELATION TO YOUR PURCHASES
126
127We explicitly reserve the right to refuse your order in whole or in part in the situations listed in this Section 2.6. We also reserve the right to terminate a Contract in whole or in part by written notice to you in the situations listed in this Section 2.6. In addition, we explicitly reserve the right to take additional reasonable measures that we deem reasonably appropriate in such situations, including but not limited to: imposing order or purchase quantity limits, restricting payment methods, restricting sales to you or your account(s), suspending or closing your account(s) or denying you access to NIKE Stores. To the extent permitted by the applicable law and in alignment with clause 11 NIKE shall not be liable for any, damage, losses or costs you incur in relation to any refusal of an order or termination of the Contract other than a refund in accordance with Section 9 below, of any amount received from you in relation to the order we have refused or the Contract we have terminated.
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129· **Product availability****:** if the Product is no longer available or in stock, or in case of delivery problems or difficulties regarding the supply of the Product, we reserve the right to provide you with information on substitute Products of the same or higher quality and value that you may order. If you do not wish to order the substitute Product, we will reimburse any amount that you may have paid.
130
131· **Incorrect or unverifiable billing information**: if we cannot verify your billing information or if your billing information is not correct;
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133· **Delivery address**: if you have not provided a valid delivery address, see Section 4.1 below;
134
135· **Non-payment:** if your payment is not authorised or we have not received your payment within 12 (twelve) calendar days after you have placed your order;
136
137· **Orders or purchases for reselling purposes**: see Section 2.2 above, including without limitation if we consider that you have purchased too many Products;
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139· **Unusual or fraudulent orders****:** if your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
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141· **Age eligibility requirements**: if we have reasonable grounds to believe that you were under 16 (sixteen) years old at the time you placed the order, see Section 2.1 above;
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143· **Obvious pricing errors**: if there was an error in the price displayed in our Digital Stores, see Section 3.1 below;
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145· **Obvious description errors**: if there was an error in the description of the Products displayed in our Digital Stores;
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147· **Delivery restrictions**: if we could not deliver to the address provided by you;
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149· **Events Outside Our Control**: see Section 10 below;
150
151· **Behavioural misconduct**: if you commit behaviours that affect the normal operation and order procedure in our Digital Stores or deny other customer's fair chance to purchase Products, or if you commit behaviour that affects the security of our Digital Stores, including but not limited to;
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153o Using technology or other methods to bypass purchase restrictions, obtain discounts or other benefits;
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155o Using technology or other methods to place multiple orders, repeat purchases or to simulate panic-buying of Products;
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157o Frequently purchasing a large number of Products through one or more associated accounts (with the same, similar or fictitious receipt address, with the same receipt phone number, payment account, receipt, or IP address, etc.) and abnormally frequently initiating a large number of returns and/or refunds, and other malicious returns or abnormally high return rates; or
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159o Claiming refunds for Products not returned to us or Products not sold by us to a certain amount or to a certain number of times without reasonable reason; or
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161o Returning fake products;
162
163· **Violations**: if you violate or go against applicable laws and regulations, these Terms of Sale, NIKE's Terms of Use.
164
165If you have any questions following any of the actions taken by us based on this Section 2.6, please contact us via the Contact Us section on our website.
166
1672.7. INVOICING
168
169You agree to receiving invoices in electronic form for your purchases via our Digital Stores. In addition to NIKE Retail B.V. as the seller of record (see above under Section 1.3), your invoice may also state the address and VAT number of your local NIKE branch.
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171If you have any questions regarding your invoice, please contact us via the Contact Us section on our website.
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1732.8. RISK AND OWNERSHIP TRANSFER
174
175For Products purchased via our Digital Stores, we bear the risk of product damage or loss until the time of delivery of the Products to you. "Delivery" is assumed to have taken place, or the order is assumed to have been "delivered", at the time you or a third party appointed by you to us in advance acquires physical possession of the Products, which may, amongst others, be demonstrated by signing for receipt by you or the aforementioned designated third party. In addition, an order is "delivered" when it is dropped off at a location previously authorized by you.
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177For Products purchased via our Digital Stores but picked up in a Physical Store or at a pick up point (as provided in Section 5 below), risk will pass to you upon your authorised receipt of those Products.
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179Ownership of Products you have ordered shall transfer to you at the time of delivery or receiving of the Products (as provided in this Section 2.8 and Section 4.1 below).
180
181**3. PRICE AND PAYMENT**
182
1833.1. PRICES AND CURRENCY
184
185The prices of the Products will be as quoted in NIKE Stores from time to time. The Product prices are inclusive of Value-Added Tax (VAT), as applicable. For orders placed via our Digital Stores, delivery costs are applied per order. For more information on delivery costs please be referred to Section 4.4 below.
186
187The prices in NIKE Stores will be in Euros unless we apply the local country currency in that NIKE Store. If you change the country of delivery while shopping in our Digital Stores or during the online order process, prices may be quoted in a different currency from that moment. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
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189While we take great care to make sure that the pricing information displayed on our Digital Stores is correct, we may discover an error in the price of Product(s) you have ordered. We will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. To the extent admitted by applicable law, please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we may not have to provide the Products to you at the incorrect (lower) price (even after we have sent the Order/Shipping Confirmation). In such case we may refuse your order or terminate the Contract in accordance with Section 2.6above.
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1913.2. DISCOUNTS, PROMOTIONS AND CAMPAIGNS
192
193We may from time to time offer discounts to our Products or organize promotions or other campaigns. Please note that any discounted Product offer, promotion or campaign shall also be subject to separate (additional) terms and conditions, which we shall communicate to you at the time of the campaign.
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1953.3. YOUR TOTAL PRICE
196
197For orders placed through our Digital Stores, the total price specified in the final checkout screen of the order process includes tax and delivery costs. This price will be recorded in the Order/Shipping Confirmation, which we recommend you print or download for future reference.
198
76199If 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.
77200
78Cash on delivery (cod)
2013.4. PRICE CHANGES
79202
80If you have chosen the payment method 'cash on delivery', the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made.
203Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order/Shipping Confirmation.
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82PRICE CHANGES
2053.5. PAYMENT METHODS AND PAYMENT PROCESSING
83206
84The 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. **\[****See [Italy]() terms.\]**
207The payment methods available to you when ordering Products via our Digital Stores may vary per Digital Store and per country. At checkout, you will be able to view the payment methods available for your purchase.
85208
86SHIPPING & DELIVERY
209We kindly ask you to not try to pay by any means other than the payment methods made available to you in our online order process in our Digital Stores. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
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88DELIVERY - WHERE AND WHEN
211**4. DELIVERY**
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90We 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 in one of the countries listed in the help section of the Website.
2134.1. DELIVERY - WHERE AND WHEN
91214
92SPLIT DELIVERY
215For orders placed through our Digital Stores, we can only fulfil an order to a valid delivery address which is a home or office address in one of the countries our Digital Stores are available in. For more information on delivery, please see the Shipping and Delivery page under the Get Help section on our website. For Offline Pickups, please be referred to Section 5 below.
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94Where 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 (NIKEiD) products are manufactured at different factories, an order for multiple customized (NIKEiD) products may result in split shipments.
217We make reasonable efforts to ship the Product(s) listed in the Order/Shipping Confirmation by the date indicated in the relevant Order/Shipping Confirmation; or, if no shipping date is specified, within the estimated time frame specified in the delivery method selection in our Digital Stores. Please note that we do not ship on certain public holidays. There are circumstances arising from customization of the products or unexpected or extraordinary circumstances that may affect the delivery date.
95218
96We 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 email to the email address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
219For the available delivery methods and applicable delivery times per country, please refer to the Shipping and Delivery page under the Get Help section on our website. Please note that for customized items (see Section 6**.** below) delivery times may be different.
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98INSPECTION UPON DELIVERY
221For any delivery related problems and queries (including missing packages), we kindly ask you to contact us immediately via the Contact Us section on our website. This way, you enable us to swiftly initiate investigations by contacting the carrier to obtain information related to your delivery. With the passing of time, delivery information will be less readily available. For this reason, we may not be able to process any delivery related problems communicated to us later than 3 (three) months after these problems have occurred. However, we are committed to safeguarding your consumer rights while solving any issues with deliveries.
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100Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
2234.2. SPLIT DELIVERY
101224
102SHIPPING RATES
225Where possible, we try to deliver all items which you have ordered at the same time. However, we reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. Also, please note that due to the fact that the various Customised (Nike By You) Products are manufactured at different factories, an order for multiple Customised Products may result in split shipments.
103226
104FREE SHIPPING
227In the event that we split the delivery of your order, we will notify you of our intention to do so by sending you an email to the email address provided by you at the time your order was placed.
105228
106If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE 'standard delivery', or the option of discounted 'express delivery'. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.
229You will not be charged for any additional delivery costs for any split deliveries, including the split deliveries of Customised (Nike By You) Products.
107230
108**CUSTOMIZING ITEMS**
2314.3. INSPECTION UPON DELIVERY
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110Customization conditions
233Upon delivery, please inspect the packaging for damage. If you suspect the Products may be damaged, indicated for example by damaged packaging, please do not accept the shipment. We kindly ask you to contact us immediately via the Contact Us section on our website in order for us to swiftly initiate investigations into the damaged package and contacting the carrier.
111234
112For most customized (NIKEiD) 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 (or NIKE) 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 email.
2354.4. DELIVERY RATES
113236
114Consumer acknowledgements relating to customization
237If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE "standard delivery", or the option of discounted "express delivery". Other conditions may also qualify you for free delivery. The exact delivery rates depend on the country where your order is being delivered to. Please check the Shipping and Delivery page under Get Help section on our website for threshold amounts and their corresponding discounted delivery rates applicable to your delivery country.
115238
116Both 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 or the personalization created by someone else.
239**5. ONLINE TO OFFLINE (O2O)**
117240
118Please 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.
241For orders placed via our Digital Stores we may provide you with the option to pick up your Products in one of our Physical Stores or at a pick-up point ("**Offline Pick-ups**"). A pick-up point is a collection and delivery point for parcels that can be used by consumers or the postal or courier service offering this service in your area.
119242
120Your design and your personalization qualify as what we call "User Content". Article 2 of the Terms of Use applies to your design and your personalization.
243You can pick up the order in person, by showing your order number and ID card, or by someone else designated by you to pick up your order for you. This person must then also be able to show the order number and an ID card.
121244
122**RETURNS & CANCELLATIONS**
245For further practical information about Offline Pickups, please see the Store Pick-Up page under the Get Help section on our website.
123246
124CANCELLING ORDER BEFORE DELIVERY
247For Products purchased via our Digital Stores, we may provide you with the option to return the Product in one of our Physical Stores or at a pick-up point (hereafter "**Offline Return"**). Please note that all returns are subject to Section 7 and 8 below and that Products can only be returned to eligible Physical Stores in the same country where you made the original purchase. Products cannot be returned to NIKE Partnered Stores or NIKE Clearance Stores. To see the eligible Nike stores you can use the Find a Store functionality on our website. Physical Stores that accept Offline Returns cannot refund online money transfers and may instead offer a gift card. Orders of Customized Products (see Section 6 below) are not eligible for Offline Returns. You will always have the right to receive a money refund for Products that are returned to us by post under your statutory right of withdrawal (see Section 7.1 below).
125248
126You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" link at the top right of the Website.
249For further practical information about Offline Returns, please see the Returns page under the Get Help section on our website.
127250
128If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting our call centre (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
251**6. CUSTOMISED PRODUCTS**
129252
130Customized (NIKEiD) orders cannot be cancelled before shipment, because we start building the customized (NIKEiD) products immediately after receiving the order.
253We provide consumers with programmes, such as Nike By You, to customize certain Products ("**Customised** **Products**"). Please note that Customized Products may be subject to separate (additional) terms and conditions, including without limitation, in any event the terms and conditions set forth in this Section 6.
131254
132RETURNING ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS
2556.1. CUSTOMIZATION CONDITIONS
133256
134You 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.
257For most orders for Customised Products, you can submit a combination of letters, spaces and numbers to form an "**ID**" - a personalized message that appears on your creation. We make reasonable efforts to accurately display the attributes of the Products you are customizing, including without limitation, the applicable colours; however, the actual colours and attributes you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours or attributes.
135258
136We moreover remind you that under Dutch and EU law, we are liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way. **\[****See [France]() and [Italy]() terms.\]**
259The order process for Customized Products is the same as other Products as outlined in Section 2.4. After receiving your online order for a Customized Product, we will review the proposed customization.
137260
138YOUR RIGHT OF WITHDRAWAL
261We reserve the right in our sole discretion to decline an ID for any reason, including without limitation, for example because it contains a trademark belonging to a third party, or the names of sports teams, athletes or celebrities that you (or NIKE) 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 email. Your customization will not deem to be accepted until you receive the Order/Shipping Confirmation.
139262
140If 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.
263Please note that due to the customization process, orders for Customised Products may be subject to different, longer delivery times. For the applicable delivery times per country, please refer to the Shipping and Delivery page under the Get Help section on our website.
141264
142If 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.
2656.2. CONSUMER ACKNOWLEDGEMENTS RELATING TO CUSTOMISATION
143266
144Please 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 if 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 (for example: NIKEiD products).
267Both your design of the Product (the color combination etc.) and the personalization thereof shall be created by you. To the extent this is not the case, you hereby guarantee that you are authorised to use the design or the personalization created by someone else.
145268
146For practical information on how to return, see the [help](https://help-en-eu.nike.com/) section of the Platform, which contains a withdrawal form that you can use to exercise your right of withdrawal. 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 email). It is sufficient that you send this statement to us before the withdrawal period ends.
269While 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.
147270
148If 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.
271Your design and your personalization qualify as what we call "User Content" and therefore, the relevant sections of NIKE's Terms of Use, which can be viewed [here](https://agreementservice.svs.nike.com/rest/agreement/termsofuse/en/NL/com.nike.tos/redirect/false), applies to your design and your personalization.
149272
150REFUND INFORMATION
273**7. RETURNS AND EXCHANGES**
151274
152Refunds 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](https://help-en-eu.nike.com/).
2757.1. STATUTORY RIGHT OF WITHDRAWAL
153276
154CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
277If for whatever reason you are not happy with a Product you ordered via our Digital Stores, you may exercise your statutory right of withdrawal.
155278
156**Pre-order** is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:
279You can invoke your right of withdrawal by informing us that you want to return the Product **within 14 (fourteen) calendar days** (i) after the Product is delivered to you or to a third party indicated by you (other than the carrier) or, (ii) if you have ordered multiple goods in one order which are delivered separately, after the last Product is delivered ("**Withdrawal Period**"). It is not necessary to give us any reason for invoking your statutory right of withdrawal.
157280
158**Delivery**. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
281You can inform us that you want to exercise your right of withdrawal by sending us before the end of the Withdrawal Period an unequivocal statement to this extent. Alternatively, you may also use the model withdrawal form below:
159282
160**Payment**. Unless you have chosen for payment upon or after delivery, the following applies. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
283**_Model withdrawal form_**
161284
162**Product launch date**. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.
285_Complete and return this form only if you wish to dissolve/revoke the agreement._
163286
164**EVENTS OUTSIDE OUR CONTROL**
287_To:_
165288
166An 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, pandemic or other natural disaster, or failure of public or private telecommunications networks.
289_Nike Retail B.V._
167290
291_Colosseum 1_
292
293_1213 NL Hilversum_
294
295_The Netherlands_
296
297_serviceinfo.nl@nike.com \[if you wish to return this form to us online, please navigate to the chat function in the Get Help section on our website\]_
298
299_I/We (\*) hereby give notice that I/We (\*) withdraw from my/our (\*) contract of sale of the following goods (\*) for the provision of the following service (\*)_
300
301_Ordered on (\*)/Received on (\*)_
302
303_Name of consumer(s)_
304
305_Address of consumer(s)_
306
307_Signature of consumer(s) \[only if this form is notified on paper\]_
308
309_Date_
310
311_(\*) Cross out what does not apply_
312
313Please do not send the products to the address mentioned in the form. The address to which the products need to be sent is different from this address. When you reach out to Nike with the withdrawal form, you will be provided with a return label. There is no need for you to proactively post the product back.
314
315If you notify us after expiry of the Withdrawal Period that you want to return your Product, Section 7.2 below instead of your statutory right of withdrawal applies.
316
317If you use your statutory right of withdrawal, you have an obligation to return the Products to us without undue delay and no later than 14 (fourteen) calendar days from the day on which you have notified us that you invoke your right of withdrawal.
318
319The Products that are returned to us under your statutory right of withdrawal must be the items that you have purchased from us as identified in your Order/Shipping Confirmation. 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 if 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.
320
321If 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 14 (fourteen) 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, in full or part, until we have received the Products back or until you have supplied sufficient evidence of having sent back all Products. For further information regarding refunds please be referred to Section 9 below.
322
323If you require further assistance exercising your right of withdrawal, please contact us via the Contact Us section on our website.
324
3257.2. CONTRACTUAL RIGHT OF WITHDRAWAL
326
327In addition to the statutory right of withdrawal (see Section 7.1 above), NIKE grants you a period of 30 days (i) after the Product is delivered to you or to a third party indicated by you (other than the carrier) or, (ii) if you have ordered multiple goods in one order which are delivered separately, after the last Product is delivered during which you can inform us that you want to return the Product without any reason. This contractual right of withdrawal is subject to specific conditions. For further information, including the Products that are eligible under your contractual right of withdrawal, the period in which you may exercise your contractual right of withdrawal, as well as information on return delivery costs, please see the Returns page under the Get Help section on our website.
328
3297.3. EXCHANGES
330
331If a Product you have purchased is the wrong size or fit, you may request us to exchange the Product.
332
333For further information on the exchange process, including the Products that are eligible for an exchange and the specific conditions that apply to exchanges, please refer to the Exchanges page on our website.
334
3357.4. EXCEPTIONS
336
337For more information about exceptions to our returns policy, to which the statutory and the contractual right of withdrawal and exchanges do not apply, please see the Returns page under the Get Help section on our website.
338
339**8. DEFECTIVE AND FAULTY PRODUCTS**
340
341All Product descriptions, information and materials displayed in NIKE Stores are provided "as-is", without any express or implied warranties thereon, except as provided by law.
342
343We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to return the Product in case of defects or non-conformity that existed at the time of delivery (hereafter "**Non-Conformity**").
344
345A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used, and (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected.
346
347If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The "**Warranty Period**" starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years, unless applicable law sets forth longer periods as indicated in the country specific section.
348
349During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a "**Warranty Claim**"). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The "**Warranty Claim Period**" starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.
350
351In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The "**Lack of Conformity Presumption Period**" starts on the date of delivery of the Product by NIKE to you and lasts for 1 (one) year, unless applicable law sets forth longer periods as indicated in the country specific section.
352
353Following receipt of your Warranty Claim, Nike will review your Warranty Claim to determine whether or not the Product was defective or non-conforming at the time of delivery and, if so, whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE's decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.
354
355Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.
356
357This warranty does not apply to Products, which have been altered or modified by you.
358
359This warranty is without prejudice to any commercial warranty.
360
361**9. REFUNDS**
362
363In the event of a cancellation (under Section 2.5above), our refusal of your order or a Contract termination (under Section 2.6 above), or return (under Section 7 or 8 above), we will issue refunds based on the original form of payment. For further practical information about refunds, please see the Refunds page under the Get Help section on our website.
364
365When we receive your return, we will inspect the items to confirm they meet the return conditions in our Terms of Sale and returns policy which can be found at the footer of our website. If you exercise your right of withdrawal, we will process your refund within the applicable time limits. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. If the return is made outside the applicable return period, or if the goods are excluded from the withdrawal right under the law (e.g. made-to-measure or clearly personalized items), Nike reserves the right to refuse the return and to send the goods back to you at your expense.
366
367**10. EVENTS OUTSIDE OUR CONTROL**
368
369An "**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, pandemic, or other natural disaster, or failure of public or private telecommunications networks, or acts, regulations or restrictions by any public authority.
370
168371If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
169372
170a) We will contact you as soon as reasonably possible to notify you; and
373a. We will contact you as soon as reasonably possible and notify you; and
171374
172b) 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.
375b. Our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
173376
174 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.
377Where 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.
175378
176**OTHER IMPORTANT TERMS**
379You may cancel your order or terminate the Contract if an Event Outside Our Control takes place and you no longer want us to proceed with your order or the Contract. Please contact us via the Contact Us section on our website.
177380
178We 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 of Sale.
381**11. LIMITATION OF LIABILITY**
179382
180You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
383The total liability of NIKE and any other member of the NIKE Group for any claim with respect to any Products purchased through NIKE Stores or arising out of or relating to these Terms of Sale, regardless of the form of the action, is limited to the amount paid by you for the affected Product, unless you can demonstrate that the actual losses suffered by you are higher in which case NIKE will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that NIKE's total liability will be limited to EUR 10,000.
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182We contract with US Direct E-Commerce Limited trading as eShopWorld to sell and deliver our products to consumers in Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey. If your order is shipping to one of the aforementioned countries where our international shipping is supported by eShopWorld, the contract for the purchase sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld [Terms and Conditions](https://www.eshopworld.com/terms-and-conditions-of-sale-en/). If there is a conflict between these Terms of Sale and the eShopWorld Terms and Conditions, the eShopWorld Terms and Conditions will control with respect to your purchase and the delivery of our products.
385The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, or willful misconduct of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.
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184Each of the paragraphs of these Terms of Sale 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.
387To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.
185388
186If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.
389**12. OTHER IMPORTANT TERMS**
187390
188If 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.
39112.1. TRANSFER OF RIGHTS AND OBLIGATIONS
189392
190**CHOICE OF LAW/JURISDICTION**
393We may transfer the Contract or any rights or obligations arising therefrom at any time. We will notify you if this happens. To avoid any doubt, we hereby state that such transfer shall not prejudice your statutory rights as a consumer or, in any way, cancel, restrict or limit your rights under the Contract.
191394
192You agree that the Platform, Terms of Sale, and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
39512.2. SEVERABILITY
193396
194Except 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 competent courts of Amsterdam, the Netherlands.
397If any section of these Terms of Sale is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful section will be severed from these Terms of Sale; (b) severance of the unenforceable or unlawful section will have no impact whatsoever on the remainder of these Terms of Sale; and (c) the unenforceable or unlawful section may be revised to the extent required to render the Terms of Sale enforceable or valid.
195398
196In case you have a complaint, please contact us via [contact us](https://help-en-eu.nike.com/app/contact) 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.](http://ec.europa.eu/odr.)
39912.3. WAIVERS
197400
198All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law. **\[****See [Austria](), [France](), [Germany](), [Italy]() and [Poland]() terms.\]**
401If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.
199402
200**COUNTRY-SPECIFIC TERMS**
403If 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.
201404
405**13. CHOICE OF LAW/JURISDICTION**
406
407Nothing in this section shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. You agree that these Terms of Sale, your order, your purchase and the Contract and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under the applicable laws of your country of residence.
408
409Except 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 these Terms of Sale, including but not limited to the purchase of Products in NIKE Stores shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands. As a consumer, you may also bring a claim before the courts of your country of residence. If you reside in the UK, you may also bring a claim before the English courts.
410
411In case you have a complaint, please contact us via Contact Us section on our website first.
412
413**14. COUNTRY SPECIFIC TERMS**
414
202415If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above.
203416
204**AUSTRIA**
417**Section 8 DEFECTIVE AND FAULTY PRODUCTS** is replaced by the following provision:
205418
206The last paragraph in the section above titled "CHOICE OF LAW/JURISDICTION", is deleted in its entirety and replaced with the following:
419All Product descriptions, information and materials displayed in NIKE Stores are provided "as-is", without any express or implied warranties thereon, except as provided by law.
207420
208"All claims shall be brought within three (3) years after the claim arises."
421We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to return the Product in case of defects or non-conformity that existed at the time of delivery (hereafter "**Non-Conformity**").
209422
210**FRANCE**
423A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used, and (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected.
211424
212The section above titled "PLACING ORDERS ON THE PLATFORM", sub-section "OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT" is deleted in its entirety and replaced with the following:
425If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within due time and the latest within 2 (two) months as from the date the consumer identified the defect by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The "**Warranty Period**" starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years, unless applicable law sets forth longer periods as indicated in the country specific section.
213426
214"OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
427During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a "**Warranty Claim**"). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The "**Warranty Claim Period**" starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.
215428
216We 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:
429In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The "**Lack of Conformity Presumption Period**" starts on the date of delivery of the Product by NIKE to you and lasts for two (two) years from the delivery of the Product.
217430
218- your billing information is not correct or not verifiable;
219- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
220- you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with Nike;
221- you are a reseller;
222- we could not deliver to the address provided by you; or
223- due to an Event Outside Our Control (see below)."
431Following receipt of your Warranty Claim, Nike will review your Warranty Claim to determine whether or not the Product was defective or non-conforming at the time of delivery and, if so, whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE's decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.
224432
225The section above titled "RETURNS & CANCELLATIONS", sub-section "RETURNING ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS" is hereby deleted in its entirety and replaced with the following:
433Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.
226434
227"Nike, Colosseum 1, 1213 NL Hilversum, The Netherlands, shall be responsible for any lack of conformity of the products under the conditions set forth in Articles L. 217-4 et seq. of the French consumer code, and of hidden defect of these products under the conditions set forth in Articles 1641 et seq. of the French civil code. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, visit our help section."
435This warranty does not apply to Products, which have been altered or modified by you.
228436
229Please note that under the legal warranty of conformity, you:
437This warranty is without prejudice to any commercial warranty.
230438
231- have 2 years as of delivery of the product to submit a claim;
232- may choose between repair or replacement of the product, subject to the cost conditions provided for under Article L. 217-9 of the French consumer code;
233- do not have to prove the product's lack of conformity during a period of two (2) years following delivery of the product.
439**Section 8 on DEFECTIVE AND FAULTY PRODUCTS** is completed with the following provision:
234440
235The legal warranty of conformity is without prejudice to any commercial warranty that may be provided.
441"8.2. Implementation of the guarantee against hidden defects
236442
237You may also decide to act under the legal warranty against hidden defect as per Article 1641 of the French civil code. In such case, you may choose between cancellation of the sale or a reduction of the sale price, as set forth under Article 1644 of the French civil code."
443Nike guarantees that the Products are free from hidden defects within the meaning of the provisions of article 1641 of the French Civil Code, which render the Products unfit for the use for which they were intended or which diminish this use to such an extent that you would not have acquired them or would only have given a lower price for them if you had known about them.
238444
239The second and third paragraph in the section titled "CHOICE OF LAW/JURISDICTION" are deleted in their entirety and replaced with the following two paragraphs:
445In the event that you observe a hidden defect in the Product, you must notify NIKE within a period of two (2) years from the discovery of said hidden defect of a claim directly on the Contact Us section on the Get Help page on our website or by registered letter with acknowledgement of receipt to the address indicated in article 1.3 of these Terms and conditions. You must return the Product to Nike by contacting customer service as explained above (section 7).
240446
241"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), and exclusively in the competent courts of Amsterdam, the Netherlands.
447**Section 13 on CHOICE OF LAW/JURISDICTION** is supplemented with the following provision:
242448
243If you have a complaint, please contact us via [contact us page](https://help-en-eu.nike.com/app/contact) 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.](http://ec.europa.eu/odr.) In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows:Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), [http://www.mediationconso-ame.com/](http://www.mediationconso-ame.com/). The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator."
449In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, [http://www.mediationconso-ame.com/](http://www.mediationconso-ame.com/). The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator."
244450
245**GERMANY**
451**Section 11 LIMITATION OF LIABILITY**: This section is deleted and not replaced.
246452
247The last paragraph in the section above titled "CHOICE OF LAW/JURISDICTION", is deleted in its entirety and replaced with the following:
453**Section 2.6 on OUR RIGHTS IN RELATION TO YOUR PURCHASES** is deleted in its entirety.
248454
249"All claims shall be brought within two (2) years after the claim arises."
455**Section 11 LIMITATION OF LIABILITY**: This section is entirely replaced by:
250456
251**HUNGARY**
457Any liability of NIKE and its agents, regardless of the legal grounds, is limited to cases of intent or gross negligence. In the event of slight negligence, NIKE shall only be liable if a material obligation is breached, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which makes the contractual performance possible in the first place and upon compliance is regularly relied upon (cardinal obligation). In this case, the liability of NIKE and its agents for a violation of obligations and for tortious acts as well as for claims for reimbursement of fruitless expenses shall be limited to such damages that are foreseeable or typical. Liability for damages due to injury to life, body and/or health remains unlimited.
252458
253The section above titled "APPLICABILITY" is amended by adding the following:
459**Section 13 on CHOICE OF LAW/JURISDICTION** is entirely replaced with the following provision:
254460
255"These Terms of Sale constitute an implied agreement between you and NIKE, unless otherwise meeting the requirements of written agreements under Hungarian law. "
461You agree that these Terms of Sale, your order, your purchase and the Contract and any dispute between you and NIKE shall be governed in all respects by Dutch law. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under German law.
256462
257**ITALY**
463We are not obliged to and will not participate in proceedings before a consumer dispute resolution (ADR) body.
258464
259The section above titled "PRICE/PAYMENT", sub-section "PRICE CHANGES" is replaced in its entirety with the following:
465Except for paragraphs 1 and 2 that will apply, **Section 8 on DEFECTIVE AND FAULTY PRODUCTS** is deleted and replaced with the following provisions:
260466
261"PRICE CHANGES
467In the case of Non-Conformity, you are entitled to exercise the rights set out in Sections 8.1 to 8.3 below. In this case, please contact us via the Contact Us section on our website. If you wish to make a complaint or Warranty Claim in Hungarian regarding a purchase in Hungary, you can contact NIKE's Hungarian Branch by post. The postal address of NIKE's Hungarian Branch is the following: 2051 Biatorbágy, Premier Outlet Center, Budaörsi út 4. NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you.
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263The 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 you submitted even if not yet confirmed in an Order Confirmation."
469Following receipt of your claim, NIKE will assess your Non-Conformity claim, and whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE's decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.
264470
265The section above titled "RETURNS & CANCELLATIONS", sub-section "RETURNING ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS" is hereby deleted in its entirety and replaced with the following:
471This warranty does not apply to Products, which have been altered or modified by you.
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267"RETURNING ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS
4738.1. Guarantee
268474
269Nike pursuant to article 130 of the Consumer Code, guarantees the conformity of any sold goods for a period of two years after the delivery of the goods. Without prejudice to any statutory rights provided in your favour by applicable law, in the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the contract terminated with regard to those goods, in accordance with article 130 of the Consumer Code.You are entitled to exercise the above rights, in the event any products are defective or otherwise not in conformity with your order when you received them, provided that you inform us of the lack of conformity within a period of two months from the date on which you detected such lack of conformity. 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."
475In case of Non-Conformity, you can make a claim against NIKE based on the Hungarian Civil Code. You must notify us of the Non-Conformity as soon as you discover it, but no later than two months after discovering the Non-Conformity. Be aware that after two years from the completion of the contract, you can no longer enforce your guarantee claim.
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271The second paragraph in the section above titled "CHOICE OF LAW/JURISDICTION", is deleted in its entirety and replaced with the following two paragraphs:
477Within one year of performance, guarantee claims require only notification of the Non-Conformity and proof that the product or service was purchased from NIKE. Claims after one year require additional proof that the alleged Non-Conformity existed at performance.
272478
273"Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under Section 1, Title III of the Italian Consumer Code (Legislative Decree no. 206/2005)."
4798.2. Product Guarantee
274480
275"Except where prohibited and without limitation to any of your statutory rights, 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 court of the place where you are resident or domiciled."
481If any movable goods sold by a business to a consumer (referred to as "products") do not conform to specifications, you have two alternative remedies available: you may either exercise your rights under Section 8.1 above by making a guarantee claim, or alternatively pursue a product guarantee claim under the provisions of the Hungarian Civil Code, giving you the flexibility to choose the most appropriate legal avenue for addressing non-conforming products. A product guarantee claim allows you to demand that the manufacturer or distributor either repair or replace faulty goods, where products are deemed faulty if they fail to satisfy the quality standards required when first brought to market or do not possess the features outlined in the manufacturer's specifications.
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277**POLAND**
483You have two years from when the manufacturer placed the product on the market to file a product guarantee claim, and you must prove the product was already defective at that time.
278484
279The section above titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
4858.3. Warranty
280486
281**"CHOICE OF LAW/JURISDICTION**
487Warranty rights may be exercised in cases of Non-Conformity affecting durable consumer goods. For new, durable consumer goods subject to mandatory warranty regulations (see [t](https://njt.hu/jogszabaly/2024-10-20-06)[his](https://njt.hu/jogszabaly/2024-10-20-06) ink), the rights specified in Section 8.1 can be enforced, with repair serving as the primary remedy throughout the warranty period.
282488
283You agree that the Platform, Terms of Sale, and any dispute between you and NIKE shall be governed in all respects by Polish law.
489However, you can request replacement after the first unsuccessful repair attempt, if repair isn't completed within thirty days of notification, or if the product fails again after three repairs within the warranty period, with refund available if replacement isn't possible.
284490
285Except 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.
491The warranty period varies by purchase price: two years for items costing 10,000-250,000 HUF, and three years for items over 250,000 HUF. You can exercise warranty rights with a warranty ticket, though its absence doesn't invalidate the warranty if you have a payment receipt, and opened packaging doesn't need to be returned.
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287In 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)."
493Section 13 on CHOICE OF LAW/JURISDICTION is supplemented with the following provision:
288494
289The section above titled "HOW TO ORDER" is amended by adding the following:
495If you feel that your complaint has not been addressed properly after contacting NIKE, you are entitled to contact the competent Arbitration Board of your domestic permanent or habitual address or, in the absence thereof, the seat of NIKE's Hungary Branch and initiate the Arbitration Board's proceedings. NIKE has not made a declaration of submission to the Arbitration Board proceedings and is therefore not bound by the decisions of the Arbitration Boards in cases exceeding HUF 200,000. You can find out which Arbitration Body is competent in your place of domestic permanent or habitual residence on [this](https://mkik.hu/a-bekelteto-testuletek-teruleti-honlapjai) link.
290496
291"By accepting these Terms of Sale, you:
497The second paragraph of **Section 9 REFUNDS** is removed and replaced by the following paragraph:
292498
293(a) Request that an invoice will be issued for your purchase and
499When we receive your return, we'll inspect the returned items to make sure that the items meet the return conditions set out in our Terms of Sale and returns policy. If the returned items are extensively worn, damaged, not in resaleable condition or beyond the return timeframe, we won't be able to proceed with our standard refund process. To the extent permitted by applicable law, Nike in such cases reserves the right to claim compensation, including for any diminished value of the Product, and/or send the Product back to you.
294500
295(b) Agree that said invoice will be issued in an electronic format and will be provided to you by email."
501**Section 2.6 on OUR RIGHTS IN RELATION TO YOUR PURCHASES** is deleted in its entirety
296502
297Date of Last Revision: March 2023 - WE/CEE
503Section 8 **DEFECTIVE AND FAULTY PRODUCTS** is replaced with the following provisions:
504
505All Product descriptions, information and materials are displayed in NIKE Stores.
506
507We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to submit complaint related to the Product in case of non-conformity with the Contract (hereafter "Non-Conformity"). You can submit the complaint in any form by using the following Nike's contact details included in the Terms.
508
509A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used , taking into account applicable laws, technical standards or good practices;, (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected taking into account the nature of the Products and the public assurances made by NIKE or persons acting on their behalf; (iv) it is delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive; and (v) it is of the same quality as the design that NIKE made available to the consumer prior to the conclusion of the contract, and correspond to the description of such design.
510
511The "Warranty Period" starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years from that time.
512
513NIKE is liable for the lack of conformity of the Products with the contract existing at the time of delivery and disclosed within the Warranty Period.
514
515If the Product does not conform with the Contract, you may request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a "Warranty Claim"). For this purpose, please refer to Articles 43 a-43 g of the Polish Act of 30 May 2014 on Consumer Rights. For practical information on how to return your Product, see the Returns page under the Get Help section on our website.
516
517Nike may ask you to provide, the following information related to your request, if possible: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you.
518
519Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.
520
521This warranty is without prejudice to any commercial warranty.
522
523Section 9 on REFUNDS is replaced with the following provisions:
524
525In the event of a cancellation (under Section 2.5 above), our refusal of your order or a Contract termination (in accordance with these Terms of Sale), or return (under Section 7 or 8 (in case of withdrawal related to the Products which do not conform with the Contract) above), we will issue refunds based on the original form of payment. For further practical information about refunds, please see the Get Help page on our website.
526
527When we receive your return, we'll inspect the returned items to make sure that the items meet the return conditions set out in our Terms of Sale and returns policy.
528
529Section 13 **CHOICE OF LAW/JURISDICTION** is replaced by:
530
531Any dispute between you and NIKE arising out of or relating to these Terms of Sale, including but not limited to the purchase of Products in NIKE Stores shall be governed in all respects by Polish law and resolved in the courts competent under applicable law.
532
533You have the right to lodge a complaint regarding the functioning of Nike´s Platform. Complaints may be lodged in any way that makes it possible to familiarize oneself with its content. NIKE shall consider the complaint within 14 days of its receipt. The response to the complaint shall be sent to you at the address provided by you in the complaint.
534
535Disputes between NIKE and you may be concluded amicably by way of proceedings before a conciliation court under the rules set out in the regulations of that court, e.g. before permanent conciliation consumer courts at provincial trade inspection inspectors referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, under rules laid down in the Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent arbitration courts at provincial inspectors of trade inspection.
536
537**Section 11** LIMITATION OF LIABILITY: This section is deleted and not replaced.
538
539Paragraphs 4,5 and 6 in Section 8**: DEFECTIVE AND FAULTY PRODUCTS** are replaced with the following provisions:
540
541If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The "**Warranty Period**" starts on the date of delivery of the Product by NIKE to you and lasts for 3 (three) years, unless applicable law sets forth longer periods as indicated in the country specific section.
542
543During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a "**Warranty Claim**"). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The "**Warranty Claim Period**" starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, counting from the communication of lack of conformity. However, this time limited may be suspended subject to certain circumstances.
544
545In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The "**Lack of Conformity Presumption Period**" starts on the date of delivery of the Product by NIKE to you and lasts 2 (two) years.
546
547**Section 11** LIMITATION OF LIABILITY is entirely replaced by:
548
549To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.
550
551The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, willful misconduct or gross fault of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.
552
553Paragraphs 4, 5 and 6 in Section 8 **DEFECTIVE AND FAULTY PRODUCTS** are replaced with the following provisions:
554
555If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The "**Warranty Period**" starts on the date of delivery of the Product by NIKE to you and lasts for 3 (three) years.
556
557During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a "**Warranty Claim**"). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The "**Warranty Claim Period**" starts on the date you notify NIKE of the defect or non-conformity and lasts for 3 (three) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.
558
559In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The "**Lack of Conformity Presumption Period**" starts on the date of delivery of the Product by NIKE to you and lasts 2 (two) years.
560
561**Section 11 LIMITATION OF LIABILITY is entirely replaced by**:
562
563To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.
564
565The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, willful misconduct or gross fault of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.