Last Updated: 27 October 2014
PLEASE READ THESE TERMS OF SALE CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM EACH TIME YOU WISH TO PURCHASE ANY PRODUCTS OR SERVICES FROM BROOKS SPORTS B.V.
Brooks Sports B.V., a company registered in the Netherlands under company number 000029179254, and our other group companies, holding companies or subsidiaries (collectively, "Brooks", "us", "we" or "our"), may make products or services available to you for purchase through our websites (including at http://brooksrunning.eu/) or other online or mobile services or applications (collectively, the "Services").
If you have any questions regarding these Terms or purchases made through our Services, please refer to our Help Section or to our Frequently Asked Questions. All other questions or comments should be directed to Brooks Customer Service.
1. Pricing; Orders; Taxes
All prices are shown in Euros or UK pounds sterling (except where otherwise noted), and prices should be displayed inclusive of VAT in Europe; shipping and handling charges are additional. All items are subject to availability, and we may limit the number of products sold in each transaction via the Services.
By placing an order via the Services, you are making an offer to Brooks to purchase products or services. Any order shall be subject to acceptance by Brooks and Brooks may reject all or any part of an order and discontinue products or services without notice. If Brooks accepts your order, Brooks will notify you of its acceptance by providing an order confirmation. Following acceptance of your order, Brooks may carry out a standard fraud check. Brooks reserves the right to cancel your order if it fails this fraud check. All prices are subject to change without notice before acceptance of an offer by Brooks, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. If we do change any of our prices, you will have the right to cancel any order you have made via the Services without any penalty.
You will be responsible for any applicable sales or use taxes (such as VAT), duties or other governmental taxes (such as import fees) or fees payable in connection with your purchase via the Services. Brooks is not required to collect and remit sales or use taxes in all jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Brooks reserves the right to collect such taxes or other fees from you at any time following written notice to that effect (which may be made by email).
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not promise or guarantee that any product, service, description, photograph, pricing or other information provided as part of the Services is accurate, complete, current or error-free.
The images of the products on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
In the event of an error, whether on the Services, on our websites, in an order confirmation, in processing an order or when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly or cancel the order and refund any amount charged. If we revise any order which you have made (for example, if we raise our prices in relation to a particular product) you may cancel any order which you have made without any penalty.
Your sole option in the event of an error is to return the product and obtain a full refund from Brooks in a manner set out below.
You may choose to register with Brooks by setting up an account with us. You are responsible for keeping your username and password secret and for preventing any unauthorised access to your account.
We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase.
5. Out-of-Stock Items
All products shown on our website are subject to availability. If you place an order for a product which is no longer available, we will refund any corresponding payment.
If the colour, size or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the colour, size or width is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Services at a later time as our inventory of products is subject to change.
6. Shipping & Handling; Export
You agree to pay all shipping, delivery and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order.
In general, we ship all products by standard delivery, unless otherwise instructed by you and agreed by us. Brooks will ensure that shipping and handling charges are displayed during the checkout process.
Ownership of all products purchased via the Services will pass to you upon Brooks’ delivery of the products. Any shipping or delivery dates or times shown on the Services are estimates only, and actual delivery dates and times may vary, although we will take reasonable steps to deliver any products on the date specified in an order confirmation.
7. Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us (which will be notified to you on our websites) may be used to purchase products and services through the Services, and all refunds will be credited to the same credit card or other payment method.
By submitting an order through the Services, you promise that you are authorised to use the designated credit card or other payment method and authorise us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Services).
When you provide your payment information, you authorise us (or a third-party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically and will notify you that the order has been suspended or cancelled.
Payment for any products purchased via the Services and all applicable delivery charges must be made at the time you place your order, unless you are placing a pre-order.
8. Cancellation, Returns and Exchanges
If for any reason you are not completely satisfied with your purchase from Brooks within the first 90 days after your purchase via the Services, we will replace or exchange your product pursuant to our True Blue Guarantee. General information and instructions regarding returns, exchanges and refunds can be found in our Returns Help Section.
To return Brooks products that you purchased from a retailer in your home country, please contact the retail store from which you purchased the product to determine its return policy. If the retailer is unable to assist you, please contact Brooks Customer Service at 0049-251-135-30-0 within 90 days of your purchase for return authorisation.
To return unworn or unused Brooks products that you purchased through the Services, please package the products you purchased in their original packaging and return the products to us at the address provided in your original shipment package within 90 days of purchase. For your protection, we recommend that you use a traceable shipping method to send us your return.
To return worn or used Brooks products that you purchased from the Services, please contact Brooks Customer Service at 0049-251-135-30-0 within 90 days of purchase and we will replace or exchange your product pursuant to Brooks' True Blue Guarantee programme. Ownership of and responsibility for loss or damage to any products returned to Brooks, whether or not worn or used, will pass to Brooks upon its actual receipt and acceptance of such returned products.
If a gift certificate, card, voucher or coupon was used to pay the original price of the product you purchased, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable period of time: (a) an exchange of merchandise for the item returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the credit card or other payment method used to pay for the product, or (e) a cheque.
If you believe a product sold by Brooks has a condition or defect that might make it unsafe, please report this safety concern immediately by using our email form or by contacting us by phone on 0049-251-135-30-0.
9. Limited Warranty
Brooks provides the True Blue Guarantee, and Brooks products may be returned or service fees refunded in accordance with Brooks' True Blue Guarantee.
This is Brooks' sole express guarantee in respect of any products or services which may be purchased via the Services and replaces any prior promises, representations and understandings concerning the products and/or services that you receive from Brooks.
Brooks cannot guarantee and does not promise any specific results from use of our products or services.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Brooks.
11. Limitation of Liability
To the maximum extent permitted by law, in no event shall Brooks be liable for special, indirect, incidental, consequential or punitive damages, including lost profits or loss of business, even if we have been advised of the possibility of such damages, nor shall the aggregate liability of Brooks, whether in contract or tort, arising out of or relating to these terms or the purchase or use of any products or services purchased through the Services exceed the purchase price of the product or service.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
12. How We Use Your Personal Information
13. Complaints and Legal Notices
All complaints and legal notices should be mailed to Brooks Sports B.V., Attn: E-Commerce Department. If a law requires us to accept legal notices via email, call 0049-251-135-30-0 to ask for the address intended for receipt of such notices.
14. Contacting Us
When we refer in these Terms to "in writing" or "written", this will include email. Brooks Sports B.V.’s company number is 853701088.
In order to cancel an order in accordance with your legal right to do so, please contact Brooks Customer Service 0049-251-135-30-0.
You may wish to keep a copy of your cancellation notification for your own records. If you send us such a cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you called us.
If you wish to contact us in writing for any other reason, you can send this to us by email or by prepaid post to Brooks Sports B.V. Martin-Luther-King-Weg 28, 48155 Muenster, Germany. You can always contact us using our Customer Services telephone line on 0049-251-135-30-0.
If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your order.
15. Governing Law
Any orders or purchases of products or services purchased through the Services and any dispute or claim arising out of or in connection with these Terms will be governed by Dutch law. You and we both agree that such disputes will be resolved by the Amsterdam District Court following proceedings in English under the Rules of Procedure for the International Commercial Chambers of the Amsterdam District Court (Netherlands Commercial Court) and the Amsterdam Court of Appeal (Netherlands Commercial Court of Appeal). However, nothing in these Terms affects any rights you have under existing consumer protection legislation or other applicable laws in your home country, including any right you have to bring a claim in the courts of your home country.
16. General Terms
Brooks may transfer our rights and obligations under any order to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and Brooks. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms 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.
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.