These Conditions govern the rights and obligations of the buyer hereinafter referred to as “Customer” and “MADE BY ATHLETES” referred to as “Seller”, for all purchases made in the MADE BY ATHLETES Shop, exclusive of distance and off-premises sales. The Customer declares unreserved acceptance of these Conditions.
Purchase orders must be made in the MADE BY ATHLETES Shop.
Items must be paid at the time of ordering.
Once concluded, the sale agreement for items specially ordered for the Customer can no longer be cancelled.
The right to exchange can only be invoked if the items are accompanied by the purchase receipt or the invoice (electronic or other).
The Customer is responsible for the accuracy of data and specifications he/she provides. in case of doubt, the MADE BY ATHLETES Shop may request a proof of identity.
MADE BY ATHLETES respects all laws related to the processing of personal data.
Delivery times are non-binding, unless expressly stated otherwise.
EXCHANGE AND RETURNS CONDITIONS
Exchanges or returns of items are accepted within 14 days following the date of purchase, provided that the items are accompanied by a purchase receipt or invoice (electronic or other). Items without a proof of purchase will not be taken back nor exchanged.
Items must not be used or damaged.
Items must be in their original packaging. The packaging must be intact.
Items that have been manufactured, combined, shaped or tailor-made for the Customer or ordered at their request will not be taken back nor exchanged.
1 – DEFINITIONS
These Conditions refer to the following terms:
Offer : any Goods or any service offered by MADE BY ATHLETE Shop the Customer in The MADE BY ATHLETES Shop, in its catalogues, or in any other form whatsoever.
General Conditions : these Conditions as applicable to any offer by The MADE BY ATHLETES Shop.
Customer : any individual or legal person who acquires or uses products or services offered by MADE BY ATHLETES exclusively for non-business purposes.
Service : any services provided by The MADE BY ATHLETES Shop to the Customer in pursuance of an agreement.
MADE BY ATHLETES Shop: the MADE BY ATHLETES Shop from which the Customer purchases Goods or services.
Goods : all of the tangible Goods as well as all tangible results subject to and arising from the supply of services by the MADE BY ATHLETES Shop, such as digital printing, embroidery, transfer, screen printing and advice.
Force majeure: situation resulting in a breach of the agreement that is not attributable to the MADE BY ATHLETES Shop or to the Customer as not arising out of the fault of any of the parties or for which none of the parties is responsible under laws, acts or conceptions used by the company.
Agreement : any accord for the sale of Goods or services concluded between the Customer and the MADE BY ATHLETES Shop.
Price : the price of the Goods or the service offered such as described in article 5 of these Conditions.
Exchange : the possibility for the Customer to return the Goods he bought at the MADE BY ATHLETES Shop within the time limits set out in point 3 in exchange for an alternative item, a discount voucher or the complete reimbursement of the purchase price of the Goods.
Sale : The system set up by the MADE BY ATHLETES Shop to organize sales to its Customers.
Visual : Any document, picture, text, font character or other design intended to decorate our textiles.
2 – GENERAL CONDITIONS
These Conditions apply to any agreement and are an integral part thereof. They are available for consultation in the MADE BY ATHLETES Shop. The Customer can get a copy upon request.
The acceptance of these Conditions and/or the offer also implies the acceptance of the special conditions related to the offer (such as the provisions on price, delivery, exchange...). In case of conflict between the general conditions and the special conditions, the latter prevail.
3 – RETURN (EXCHANGE/TAKE-BACK)
The offer also implies a right to return the Goods within a period not exceeding 14 days starting from the day of purchase, save as otherwise provided. Unless otherwise specified, all Goods can be returned provided they have been neither worn, nor washed, nor used or damaged, and that they are in their original packaging and accompanied by the proof of purchase.
Any Goods decorated or tailor-made for the Customer are excluded from the right to exchange. Any other restriction or exclusion as to the applicability of the right to exchange is clearly mentioned in the offer.
The offer clearly states if the exchange right does not imply the refund on the Goods but the provision of a replacement item or a redeemable voucher.
The Customer can only exercise the right to exchange in accordance with the terms laid down by the MADE BY ATHLETES Shop and provided this right is applicable to the offer.
4 – ENTRY INTO EFFECT OF THE AGREEMENT
The agreement shall come into effect from the moment where the Customer accepts the offer and meets the conditions related to it.
The MADE BY ATHLETES Shop has the right to refuse an order or a request, or to make the delivery subject to specific conditions if it has reasons to fear that the Customer will not fulfil their obligations. One of these reasons can be a concrete and recent negative experience of the MADE BY ATHLETES Shop with the Customer or the fact that the latter does not meet the conditions set out in these Conditions or in the offer. MADE BY ATHLETES is not required to specify to the Customer the reasons for this refusal. MADE BY ATHLETES cannot be held responsible for the consequences of the communication of inaccurate information by the Customer.
The MADE BY ATHLETES Shop will inform the Customer of any restrictions or additional conditions related to the offer in good time, before the entry into effect of the agreement.
5 – PRICES
All prices are expressed in Euro /€
The price is indicated in writing and in a not equivocal manner, and is subject to printing or typographical errors, or to price changes following a change in the VAT rate and/or other legal taxes.
The price referred to in the offer is the total price to be paid by the Customer or the total price including VAT but excluding delivery or shipping charges. The MADE BY ATHLETES Shop will state to the Customer, in good time before the entry into effect of the agreement, all additional costs related to the services that will be billed or will provide the data required for them to calculate these costs.
The MADE BY ATHLETES Shop will not increase the price between the time of the entry into effect of the agreement and the delivery, except if: A) the price increase is the result of legal regulations or conditions imposed by the manufacturer; or (B) the price increase is the result of additional work done by the MADE BY ATHLETES Shop at the request of the Customer, the latter having been informed in advance of the additional cost to bear; or (C) the Customer wishes to change the implementation of the agreement while it has already been established; or (D) there appears to be an obvious error.
6 – COMPLIANCE
The MADE BY ATHLETES Shop vouches that the Goods and/or services possess (bearing in mind all the circumstances) all the features required for normal use (they are suitable and usable), as well as for a particular use, insofar as this has been agreed. The MADE BY ATHLETES Shop is not bound by statements made publicly on the specifics of the Goods and/or services if they bring proof that those statements were not known to them or could not be reasonably known, that these have been rectified before the conclusion of the agreement or that they could not influence the decision to purchase the Goods or services.
The Customer is responsible for the accuracy of the data they provide and is required to check that they have been correctly transcribed on the order form. In case of a customized work, or if the Goods are assembled on the indications of the Customer, the Customer is responsible for the measures they provide and the guidance they give, except in the case of a manifest error appeared also at the MADE BY ATHLETES shop. Data communicated orally or by phone, without written confirmation on the part of the MADE BY ATHLETES Shop, are sent at the risk of the Customer.
7 - SALE ON STOCK OR ON ORDER
The sale and delivery are made only after full payment of the Goods. The MADE BY ATHLETES Shop communicates in advance the payment methods that it accepts and the possible restrictions that may apply.
The sale and the delivery of pre-ordered Goods are carried out exclusively after explicit written order from the Customer, unless otherwise agreed between the Customer and the MADE BY ATHLETES Shop. It is standard practice that the MADE BY ATHLETES Shop requires a full down payment of the Goods upon placing an order.
8 – PAYMENT
The payment must be made when placing the order.
Customers are able to choose between the payments methods offered in the shop:
The Customer has the obligation to report promptly to the MADE BY ATHLETES Shop any error in communication or the recording of the data related to the agreement.
In case of non-payment by the Customer, the MADE BY ATHLETES Shop reserves the right, after a reasonable period, to charge the Customer the recovery costs, together with interest at the relevant legal interest rate.
9 - EXECUTING AN ORDER
The MADE BY ATHLETES Shop will use reasonable care and skill when receiving and executing an order. The MADE BY ATHLETES Shop is entitled to entrust the execution of all or part of the order to third parties who may not be part of its employees.
If it proves impossible to deliver the ordered Goods, The MADE BY ATHLETES Shop will make every reasonable and fair effort to provide the Customer with a substitute item. The MADE BY ATHLETES Shop will provide the Customer clear and comprehensive information about the delivery and any costs to be added or deducted in case of a substitution. If the Customer refuses the substitute item offered to him, he has the right to terminate the agreement (free of charge).
If the Force Majeure situation lasts longer than 90 days, each Party will be entitled to terminate the agreement in writing. The services already provided on the basis of the agreement will then be charged pro rata, whereas the parties will have no liability towards each other.
10 - COPYRIGHTS ON PRINTED MATTER, EXEMPTION FROM LIABILITY
If the Customer provides a visual or even partially modifies a product (personalization), they ensure the MADE BY ATHLETES Shop that the visual is free of third party copyrights. In this case, the Customer will be entirely responsible for any violation of personality rights, intellectual property rights or trademarks. The Customer also ensures that they do not infringe any other right of third party by personalizing the product.
The MADE BY ATHLETES Shop shall not be held accountable for any such infringement of third party rights. The Customer must reimburse any cost for legal defense or damages incurred by the MADE BY ATHLETES Shop.
All visuals and their media should not contain malicious code, including, but not limited to, viruses, trojans, worms, time bombs, cancellation robots, ransomware or any other computer programming routine that could harm, interfere, intercept or expropriate a system, program, data or personal information.
The visuals and their media should not be misleading and offer or disseminate fraudulent products, services, programs or promotions.
The visuals should not contain materials that denounce or vilify persons, races, religions or religious groups, and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, defamatory or otherwise reprehensible.
Copyright and Reproduction Rights:The placing of an order for the reproduction of any visual, subject to protection under the provisions of copyright laws, requires the Customer to provide a proof of their right to reproduce. This ensures that MADE BY ATHLETES will not be held liable for any disputes that may arise from this right of reproduction. Each dispute concerning the reproduction rights suspends the execution of the work. In this context, in the event that the placing of an order implies the use of digital media integrating software and fonts supplied by the Customer, the latter will guarantee MADE BY ATHLETES the origin of the acquisition of said software and fonts and will guarantee, more generally, against any dispute concerning the use of this software. MADE BY ATHLETES shall not be held responsible for violations of the reproduction rights held by third parties provided that it has carried out its reproductive work in good faith. Only the Customer may be held responsible.
Economic rights: When MADE BY ATHLETES carries out in any form whatsoever, a work involving a creative activity within the meaning of the intellectual property law, the rights resulting from this creation and in particular the right of reproduction remain vested in MADE BY ATHLETES and are transferred to the Customer only by means of a written agreement to that effect. On the basis of the abovementioned provisions, the MADE BY ATHLETES creator of computerized systems of data, images, graphic tools, matrixes, etc. enjoy the same copyright protection under the provisions of the intellectual property rights regulations. The written agreement for the assignment of copyrights, and in particular the right of reproduction, must be explicit: it cannot result either from the fact that the creative activity was foreseen in the order or from the fact that it is subject to a special remuneration, or the fact that ownership of the physical medium or digital data of the copyright is transferred to the client. Unless otherwise agreed, MADE BY ATHLETES may use again any artistic creation made through its services.
Mention of the name MADE BY ATHLETES: The Customer may not oppose the mention of the name MADE BY ATHLETES, even if the work already mentions the name of a publisher or an intermediary, an advertising agent or others.
11 - TECHNICAL DISCREPANCIES
In the execution of the agreement, we specifically disclaim any responsibility for technical discrepancies from the descriptions and indications of the Goods and visuals as to the nature of the fabric, color, weight, dimension, design or characteristics insofar as they are acceptable to the Customer.
The Customer acknowledges being informed that the layout software never guarantees a 100% restitution of the file appearing on the screen and may lead, in the course of successive processing, to results different from a screen view or a print produced on an office printer or a connected copier.
12 - USE OF DATA
The MADE BY ATHLETES Shop uses the personal data that the Customer communicates to them only for the purposes of the execution of the agreement. The Customer may ask the MADE BY ATHLETES Shop in writing to consult their data and, if necessary, to have it corrected.
13 - DISPUTES
The Customer will send in writing any complaint concerning the agreement to MADE BY ATHLETES’s head office.
These Conditions are governed exclusively by the Dutch law. In the event of a dispute, only the head office of MADE BY ATHLETES will be competent.