https://lockerroom.adidas.be is operated by adidas International Trading B.V., a company registered in The Netherlands under company number 33305842, with its registered office at Atlas Arena, Africa Building, Hoogoorddreef 9a, 1101 BA Amsterdam ZO, The Netherlands (the "Operator"). adidas AG is the parent company of the adidas Group, which includes several affiliated companies; among them, adidas International Trading B.V.
1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms, when we refer to "we", "us" or "our", we mean the Operator; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
1.4 Please note, however, that these Terms do not apply to any order of the Products (as defined in clause 3.1) that you place using the services offered on the Website. If you place an order through the Website, a local retailer will contact you and if you proceed with the purchase and payment of the Products, you enter into a direct contractual relationship with such retailer, governed by the retailer's terms and conditions.
2. The Website
2.1 The Website is only for users in the United Kingdom.
2.2 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
2.4 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.5 You may only use the Website for your own domestic, private and non-commercial use (although you are entitled to use the Website to design products for use by a professional team which you have authority to represent). In particular, you may not use this Website for the purposes of designing products in the course of a business for onwards sale to a third party.
3.1 The Website includes products fully designed and created by us that, although designed by us, may be customised or modified by you by selecting materials, colours or such other customisation options that are made available on the Website from time to time, such as adding a name, team logo, sponsor logo or player number ("Customisation"). If you wish to order any such products ("Products"), this will be via a retailer in accordance with clause 1.4 and the retailer is solely responsible for arranging the physical Customisation, and delivery, of the Products, and performing all other terms of their contract with you.
3.2 Please note that the Products shown on the Website are subject to the availability of stock of the applicable retailers. We will use our reasonable endeavours to notify you if we become aware that our own stock of a particular product is running low, but we do not offer any guarantee that any particular product(s) will be in stock at our retailers at any time.
3.3 The prices listed on the Website are our own recommended retail prices (RRPs) only. The prices of individual retailers may vary. The retailer will contact you to confirm the actual price of any Products that you order, including any Customisation costs.
3.4 You are solely responsible for checking the details of your order and any Customisations that you wish to make are correct when confirming your contract with the applicable retailer.
3.5 Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations, or for typing errors, product descriptions or manifest errors on the Website.
4. Your account and password
4.1 You will need to register an account with us on the Website in order to place an order for products available on the Website ("Account"). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
4.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us by clicking here.
4.4 You are responsible for any unauthorised use of your Account login details.
5. Acceptable use
5.1 You agree not to:
5.1.1 use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
5.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms;
5.1.3 use the Website for any commercial or business purpose (other than designing Products for the use of you and your team); or
5.1.4 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
5.2 If it is the case that you supply/upload any content to the Website, including any content you upload as part of the Customisation – whether it be pictures, text, or any other materials – the content you supply ("Customer Content") must comply with the following rules:
5.2.1 it must not consist of or contain the name of a product, service, company, organisation or event which belongs to someone else (unless you have acquired any and all applicable rights to do so – for example in the context of a team sponsorship arrangement);
5.2.2 it must not consist of or contain the name or nickname of a famous person (living or dead);
5.2.3 it must not infringe third party trademarks or other intellectual property rights;
5.2.4 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
5.2.5 it must not harass or bully another person;
5.2.6 it must be true and honest so far as you know;
5.2.7 it must not be defamatory of anyone;
5.2.8 it must not use the material or content or infringe the rights or privacy of anyone else;
5.2.9 it must not contain someone else’s personal details (other than shirt names permitted as part of the Customisation process) or confidential information relating to other people; and
5.2.10 it must not promote or condone terrorism, violence or illegal behaviour.
We reserve the right to reject any Customer Content which we believe falls into any of the above categories. Also keep in mind that some special characters are not supported by our system.
5.3 You warrant that all Customer Content that you supply/upload any content to the Website complies with the provisions of the Terms, and that our use of the Customer Content in accordance with these Terms will not infringe the intellectual property rights of any third party. You acknowledge and agree that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
5.4 We reserve the right to refuse to accept or refuse or cease to use any Customer Content supplied by any person that we think contravenes these Terms.
5.5 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
5.6 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
6. Intellectual property
6.1 We (or our affiliated company) are the owner or licensee of all intellectual property rights in the Website and its content, the Products (subject to clause 6.2), the adidas name and mark, all adidas proprietary fonts, and adidas product names, images, packaging, and all other trademarks, service marks, logos and trade names which appear on products of adidas Group, product packaging and/or on the Website, whether registered or not. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
6.2 You warrant that you are the owner or licensee of all intellectual property rights in any Customer Content you upload as part of the Customisation. Any Customer Content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Customer Content, but you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store, copy, reproduce, distribute, prepare derivative works of, and display that Customer Content in connection with the service provided by the Website and across any and all media, and to distribute and make it available to third parties including all applicable retailers.
6.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you. However you may not modify any such materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any such materials.
6.4 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
6.5 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
7. Our liability
7.1 Nothing in these Terms excludes or limits our liability for:
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 Subject to clause 7.1, we assume no responsibility for the Customisation and/or any other acts or omissions of any retailer (including any failure by any retailer to comply with the terms of their contract with you).
7.3 Subject to clause 7.1, we will be not held responsible for any delay or failure to perform or comply with these Terms when the delay or failure arises from any cause which is beyond our reasonable control.
7.4 We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you are a consumer:
7.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
7.6 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
7.7 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. Suspension and termination
8.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
8.1.1 issue a warning to you;
8.1.2 temporarily or permanently remove any Customer Content uploaded by you to the Website;
8.1.3 temporarily or permanently withdraw your right to use the Website;
8.1.4 suspend or terminate your Account;
8.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
8.1.6 take further legal action against you; and/or
8.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
9. Changes to these Terms
9.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.
10. Other important information
10.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.3 We reserve the right to sub-contract our obligations under these terms, and to transfer, assign or novate all or any of our rights and obligations under these terms to any member of the adidas Group provided that your rights under these terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without our consent in writing.
10.4 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
11. Governing law and jurisdiction
11.1 These Terms shall be governed by the laws of The Netherlands. This does not affect the applicable mandatory rights under the law of your country of residence.
11.2 You may bring any dispute which may arise under these Terms to – at your discretion - either the competent court of Amsterdam, the Netherlands, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Amsterdam, the Netherlands.
12. Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here.
Terms last updated May 2018