GIFT CARD TERMS OF SALE AND USE
adidas (UK) Limited is a company registered in England and Wales under company number 01075951, with its registered office at The Adidas Centre, Pepper Road, Hazel Grove, Stockport, Cheshire SK7 5SA and with VAT number GB 22.214.171.1246 (the "Company"). The Company (or a group company on the Company's behalf) operates the website: www.adidas.co.uk(the "Website").
These terms and conditions (these "Terms") set out the terms on which physical gift cards and electronic gift cards (together, the "Gift Cards") may be ordered from the Website and used. These Terms will be binding on you when you submit an order for a Gift Card(s).
In these Terms:
(a) when we refer to "we", "us" or "our", we mean the Company;
(b) when we refer to "you" or "your" we mean you, the person purchasing the Gift Card; and
(c) when we refer to the "Recipient" we mean the recipient of the Gift Card.
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. Ordering Gift Cards
1.1 You must be at least 16 years old to place an order for a Gift Card(s) via the Website (an "Order").
1.2 To submit an Order via the Website you must first register an account with us and then follow the procedure set out on the Website to submit your Order. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will begin processing it immediately.
1.4 Your Order constitutes an offer to us. All Orders are conditional upon acceptance by us. When you place your Order, we will take payment for the Gift Card(s) ordered and validate and process your Order. Once we have done this we will send you an e-mail confirming acceptance of your Order (the "Acceptance E-mail"). The contract of sale for the Gift Card(s) (the "Contract") is only concluded when we send you an email confirming our acceptance of your Order. Each Contract shall incorporate these Terms and, if accepted by us, each Order shall be a new and separate Contract between you and us.
1.5 We are under no obligation to accept any Order placed with us for the purchase of a Gift Card(s). Examples of when we may not accept your order are as follows:
1.5.1 if we are unable to obtain authorisation of your payment;
1.5.2 if shipping restrictions apply;
1.5.3 if Gift Card(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
1.5.4 if we are unable to process your order due to technical reasons.
1.6 If your payment is not authorised, your Order will not be fulfilled.
1.7 Once you have placed an Order, you cannot amend that Order.
1.8 A Gift Card can be purchased for any amount (in pounds sterling) between £10 and £250.
1.9 You will be given the opportunity as part of the order process to add a personalised message: (a) for physical Gift Cards, on the cover of the Gift Card; and (b) for electronic Gift Cards, in the e-mail sent by us to the Recipient that includes the relevant number and PIN code. The personalised message will have a character limit set out during the order process. You confirm that you shall not include as part of any personalised message any material that: (i) is defamatory, offensive or otherwise objectionable; (ii) infringes any third party rights; and/or (iii) is otherwise in breach of applicable law.
2.1 Once a Contract is formed, we make electronic Gift Cards available by e-mailing the Recipient (using the e-mail address and details provided during the Order process) with a link that includes the number and pin code to use that Gift Card.
2.2 For physical Gift Cards, we will deliver the Gift Cards to the Recipient (using the address and details provided during the Order process) between three and five working days (inclusive) after the Contract is formed. We only deliver to addresses in the United Kingdom.
2.3 Delivery is free for both physical and electronic Gift Cards.
2.4 If the delivery of physical Gift Cards is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
2.5 If, despite our reasonable efforts, we are unable to deliver any physical Gift Cards we may end the Contract for those Gift Cards and shall refund to you all amounts paid by you for those Gift Cards.
2.6 If you ask us to send physical Gift Cards to you or to email electronic Gift Cards to you, so that you can then deliver those Gift Cards to the Recipient, our only responsibility is to deliver those physical Gift Cards or email those electronic Gift Cards to the address or email address provided by you. You are responsible for those Gift Cards from the point it is received by you. We are also not responsible for non-delivery of any electronic Gift Card as a consequence of our email being blocked by your or the Recipient's firewall or being treated as spam, your or the Recipient's email inbox being full or other similar technological reasons beyond our control.
NOTE THAT THIS CLAUSE 3 APPLIES TO YOU AND TO ANY USE OF THE GIFT CARD BY THE RECIPIENT. YOU MUST MAKE THE RECIPIENT AWARE OF THE TERMS OF THIS CLAUSE 3.
3.1 Each Gift Card is redeemable and/or able to be credited only at participating adidas retail stores listed on www.adidas.co.uk/gift_cards or on the Website.
3.2 The Recipient can use a maximum of 10 Gift Cards per order.
3.3 To use a Gift Card in store, present the Gift Card (physical or electronic) to any of our cashiers at the time of purchase. To use a Gift Card on the Website, enter the nineteen digit code and the four digit PIN code in the checkout on the Website.
3.4 When the Recipient uses a Gift Card the amount of the purchase will be deducted from the balance on that Gift Card. The remaining balance may be applied to future purchases. Change will not be given. If the purchase exceeds the balance on that Gift Card then the Recipient must pay the excess by another payment method that is accepted by us.
3.5 No Gift Card can be exchanged or redeemed for cash.
3.6 We reserve the right to refuse to accept any Gift Card that we believe has been stolen or is being used fraudulently or in breach of these Terms.
3.7 The balance on a Gift Card may be checked at any time either in one of our stores or online at www.adidas.co.uk/gift_cards.
3.8 Please protect each Gift Card and treat it as cash; we cannot replace lost, stolen or damaged Gift Cards. Please note that the Recipient is responsible for the use of any Gift Card and we will not be responsible if any Gift Card is used without the Recipient's permission.
3.9 The Recipient may only use a Gift Card for their personal, non-commercial use. The Recipient may not sell any Gift Card. Gift Cards may not be used in sales or promotional activities including as give-aways or prizes in competitions. We reserve the right to cancel any Gift Card that we suspect has been resold or obtained in connection with an unauthorised sales or promotional activity.
3.10 Physical Gift Cards are automatically activated at despatch and electronic Gift Cards are activated when they are e-mailed to the Recipient.
3.11 Gift Cards will expire three years from the date of purchase.
3.12 No Gift Card is a cheque guarantee, credit, debit or charge card and no Gift Card can be exchanged for cash or be used towards the purchase of another Gift Card.
3.13 If the Recipient returns goods that they have purchased online using a Gift Card, we'll credit monies owing to that Gift Card. Please note that the original expiration date of that Gift Card will continue to apply.
3.14 If the Recipient uses a Gift Card in combination with another payment method to buy our product(s) and (partially) returns their purchase, we will refund using the other payment method first. If the Recipient has used more than one Gift Card for a purchase and (partially) returned the relevant purchase, we will – after refunding through the potential other payment the Recipient has used first – refund the Recipient using a single card.
4. Closure of the Gift Card programme
4.1 We reserve the right to close the Gift Card programme on reasonable notice at any time. If any Gift Card has not been used by the date on which the programme terminates then, unless that Gift Card has expired pursuant to clause 3.11, we will refund the unused balance to you. In this circumstance, refunds will be made to the Recipient (using payment details provided to us by the Recipient at the relevant time) unless we believe that they have obtained the relevant Gift Card fraudulently or in breach of these Terms in which case we shall pay the refund to you (using payment details provided to us by you at the relevant time).
5.1 You have the right to withdraw from the Contract during the Withdrawal Period (as defined in clause 5.3) without giving any reason provided that the Gift Card(s) has not been used.
5.2 These cancellation rights can only be exercised by you (the purchaser of the relevant Gift Card) and cannot be exercised by the Recipient.
5.3 The withdrawal period shall be 14 days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Gift Cards, or, where your order contained multiple Gift Cards which will be delivered separately, delivery of the final Gift Card(s) making up your order (“Withdrawal Period”).
5.4 To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the Withdrawal Period.
5.5 If you withdraw from the Contract during the Withdrawal Period in accordance with this Clause 5, we shall cancel the Gift Card(s) and reimburse all payments we received from you at the latest within 14 days from the date on which the notification of withdrawal of the Contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.
5.6 The easiest and our preferred way to exercise your right of withdrawal is to follow the steps as set out in our FAQs, available here. Alternatively, you may exercise your right of withdrawal by informing us (adidas (UK) Limited, c/o adidas Customer Service, Withdrawal Department, skr. poczt. Nr 10, ul. Targowa 73, Warsaw, 03-700, Poland) submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from the Contract. You can use the sample withdrawal form attached as Appendix 1 to these Terms, however, this is not mandatory. You may also withdraw from the Contract electronically by filling in the explicit withdrawal declaration on our website at https://www.contactus.adidas.com/EMEA/ContactUs?country=GB&brand=adidas&language=en_GB. If you use this option, we shall confirm receipt of order withdrawal via email.
5.7 You will not be required to return any cancelled physical Gift Cards to us.
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 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 the Contract between you and us for your Order became binding (i.e. when the Acceptance E-mail for that Order was issued).
6.3 We are under a legal duty to provide you with Gift Cards that are in conformity with the terms applying to your Order. 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.
6.4 We only supply Gift Cards for domestic and private use. You agree not to use the Gift Cards 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.
6.5 Notwithstanding clause 6.2, and save as set out in clause 6.1, our maximum liability to you under these Terms in respect of any particular Contract will be limited to the value of the Gift Cards purchased under that Contract.
7. Changes to these Terms
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) but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order Gift Cards.
8. Other important information
8.1 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.
8.2 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.
8.3 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.
9. Governing law and jurisdiction
9.1 These Terms shall be governed by the laws of The Netherlands. Dutch law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence.
9.2 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 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.
10.1 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 or by using the following details:
skr. poczt. Nr 10
Ul. Targowa 73
Terms and Conditions last updated Jan 2019
Sample withdrawal form
adidas (UK) Limited
c/o adidas Customer Service,
skr. poczt. Nr 10
Ul. Targowa 73
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods:
Ordered on*/received on*:
Name of consumer(s) and order number:
Address of consumer(s):
Date/Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.