Terms of Sale and Website Use

Last updated: March 2022 (Global-e Version: 6.0)

 

TERMS OF SALE

Globale South Africa (PTY) Ltd a company incorporated in South Africa referred to as Global-e, we, our or us, having its registered office at 3A Cinsaut House, Dorp Street, The Vineyards Office Estate, 99 Jip de Jager Drive, Bellville , 7530, Cape Town, South Africa is the sales facilitation and fulfilment partner of the retailer operating the e-commerce website (Website), where the products were made available to you for purchase through the Website and delivery to you (Merchandise). The retailer - adidas AG - has an agreement with Global-e allowing Global-e to act, as the merchant of record, in Global-e's name and on behalf of the retailer.

By visiting the checkout, operated by Global-e and residing on the Website (Checkout), and placing your order (Order) through the Checkout, you confirm that you have read, understood and agreed to the Terms of Sale and Website Use and the privacy-policy (together, Terms) in their entirety and you agree to be bound by them. If you do not agree to these terms, please do not order any Merchandise through the Checkout. These terms define your legal relationship regarding the Checkout, the placement of Orders for purchase of Merchandise and purchase thereof.

Please print or save these terms for future use as there is no guarantee that they will remain accessible in the future.

This Agreement is entered into the English language, if a non-English language version of these Terms is posted or provided, you agree that the translation is provided for convenience only and that the English language version will govern.

 

GENERAL

You purchase the Merchandise in your local currency and at a price that normally includes any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), plus delivery costs and fees (Delivery Costs) and any import duties, tariffs and similar fees that may be imposed by the delivery destination (Import Charges).

Orders placed via the Checkout are solely reserved for Consumers, only: (i) as defined by law and case law precedent, and (ii) individuals acting exclusively on their own behalf. Any Order which is obviously not a consumer retail sale and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. Prior to placing an Order, you represent and warrant that the purchase of the Merchandise has no direct link to commercial activity of any kind and is strictly and solely for personal use.

The characteristics of the Merchandise you purchase, as well as the price, Delivery Costs and Import Charges (if available for pre-payment), shall be those displayed to you on the Checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.

You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the Website/Checkout, eg, in relation to appearance / color / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the Website and may not be in your own language.

Quantity limits may apply in relation to Orders of a certain Merchandise. Orders exceeding a certain number of authorized Merchandise may be refused at any moment in time, without prior notice.

 

BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS

You place the Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and submitting the order by clicking on the PAY AND PLACE ORDER button or similar button on the Checkout. This process allows you to check and correct any errors before making an order by using the “back” button.

To place an Order, you must be at least of the age which enables you to bind yourself to contracts per local legal requirements in the place where you reside. By placing an order, you confirm that you meet this requirement.

The information contained in these Terms and the data contained on the Website and Checkout does not constitute an offer to sell, but rather an invitation to contract. Once you have placed your Order, it will be acknowledged via an email which will contain the relevant details of your Order. Please note, this e-mail does not constitute an acceptance of your Order to purchase the Merchandise – it only constitutes an acknowledgment of your Order. Your Order is not accepted (and therefore no commitment is made to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted and a confirmation email is sent (“Order Confirmation " ").

Order confirmation is subject to fraud checks and certain other mandated regulatory checks (such as 'Denied Parties Screening').

If the payment method you selected at Checkout supports an authorization mechanism (eg most credit/debit cards), then when you place your Order the applicable amount will only be authorized. You will be charged only after the Merchandise has been dispatched to you, unless the Order is a 'pre-order' or a similar type of order, in which case the charge could be made even before the Merchandise has been dispatched, depending on the particulars of the pre-ordered Merchandise. If the payment method you selected does not support authorization mechanism, the charge will be immediate upon placing the order (or such other timing set by that specific payment method you used, if applicable). Please note that you will be charged the full Order amount even if the Order is dispatched in parts. Where PayPal/PayPal Express is offered as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-Payment shall not affect your legal rights under these Terms (including for example any right of refund). If shipping, delivery or fulfillment obligations cannot be performed (subject to these terms), you will be notified via email and a refund of the pre-payment will be made without delay.

Appropriate efforts are made to process and fulfil any order as quickly as possible. However, certain orders may be declined, notably abnormal orders, orders which are suspected to be placed not in good faith or orders which have not been placed by individuals. Your Order may also be declined or cancelled, upon notice to you, if: (a) the Merchandise is unavailable (in which case, if the payment was processed, you will be refunded in accordance with these terms); or (b) the payment information you provided cannot be verified.

If a suspicion arises that someone's identity, address, email address and/or payment information has been used fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information prior to, and as a condition to, the acceptance of any Order.

Moreover, an Order may be cancelled (in full or in part) even after the Order Confirmation was dispatched, if a suspicion arises that there could be, or actually were such circumstances (on our part or any third party's part) giving rise to a good faith, genuine or honest error, mistake or misunderstanding pursuant to which we would not have sent the Order Confirmation nor have agreed to sell the Merchandise. An example could be a particularly low price for a Merchandise otherwise costing significantly more. In the event of such a genuine error, you shall receive a properly detailed notice of cancellation, following which your order will be automatically cancelled, and you will be refunded the amounts you actually paid.

Nothing in these terms affects consumers' legal rights in relation to Merchandise that is not in conformity with the contract, whether because they are faulty, not as described or otherwise.

 

EXCHANGE RATE

Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you actually place your Order via the Checkout, as displayed on the Checkout.

 

OWNERSHIP, RISK, IMPORTER OF RECORD

The ownership in and to the Merchandise ordered is transferred to you the moment the Merchandise is dispatched to you (where the contract for the sale of Merchandise is concluded), provided you have made full payment of the Order amount (including Merchandise price, Delivery Costs if any and any other charges payable under these terms, if any)

Risk of damage or loss is transferred to you on delivery to you or to someone identified by you to carry or take possession of the Merchandise on your behalf.

You agree that you will not re-export or commercially re-sell any Merchandise purchased by you via the Checkout.

 

FULFILMENT, HANDLING AND DELIVERY OF ORDERS

You acknowledge and agree that Global-e or one of its third-party fulfilment services providers acting on its behalf, including the retailer (each a “Fulfilment Provider”) may handle the delivery and fulfillment of your Order, and that Global-e has sole discretion as to which Fulfilment Provider it chooses to use.

Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not allow you to submit your order if the Merchandise cannot be delivered to your specified address.

Delivery will be completed when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time.

Global-e has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where Global-e could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Global-e control, or delays resulting directly from your actions or omissions.

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details in the Order.

 

PAYMENT METHODS

You may pay with the payment methods specified at Checkout. When being charged, the descriptor you will see shall include Global-e identified as 'Global-e' and will substantially look like this: **Global-e//Merchant**. Payments in relation to the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

You acknowledge and agree that: (i) you will be charged by Global-e or one of its third party payment processors (“Payment Processor”), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Global-e may use the tools, software or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Global-e charges or fees, and Global-e has no control over this nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Global- e also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Global-e’s commitment is to acquire the amount set at Checkout in your local currency. .

Depending on your geography, payment may be routed through one of our intra-group affiliated companies, acting as our agent. Payment will be made to such affiliate, which will constitute a payment to us, and will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

 

Payment by Invoice with Klarna:
In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Merchandise using Klarna as a payment method.The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions.Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and global-e accepts no liability in respect of your use of Klarna as a payment method.Where you choose to purchase your Merchandise using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna's privacy policy shall apply to their use of your personal information.Global-e shall have no responsibility for their use of your personal data.

Global-e will process your payment for the Merchandise. Global-e will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence) Global-e cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

 

RETURNS POLICY (ALL CUSTOMERS, EXCLUDING FAULTY AND PERSONALIZED MERCHANDISE)

This Returns Policy applies to all customers. This policy does not apply to faulty or personalized Merchandise and such other Merchandise listed below. This returns policy is in addition to, and does not affect, the separate legal right of cancellation which is available only to EEA Consumers in some circumstances as explained below.

The return request must be made within 30 days from the date the order was delivered (unless otherwise required by applicable specifically prevailing consumer law). The return period shall be 30 days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Merchandise, or, where your Order contained multiple products which will be delivered separately, delivery of the final product(s) making up your order.

 

If you wish to return Merchandise pursuant to these terms, the following instructions apply:

  • You must first inform of your decision to return your Order through the returns portal available << here , by following the instructions and providing the requested information therein, including providing proof of purchase (the Order identification number and email address used to purchase the Merchandise) , indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). Image of merchandise is mandatory for return under reason of quality issue.

  • A return merchandise authorization (RMA) number will then be provided to you (through the portal and in and sent via e-mail) along with a return shipment label generated through the portal.

  • Promptly thereafter you are required to follow the instruction on return confirmation mail that is scheduled collection with couriers handover Merchandise. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract. The RMA number must be included in the return package.

  • The Merchandise must be returned in a new and unused condition, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box/container, including all accessories and documents.

  • Returned Merchandise is subject to strict quality control to ensure that the returned Merchandise satisfies these above-mentioned requirements. If the Merchandise does not meet such standards, it may be refused, and the Merchandise will be returned to you (at your own cost) or you will be liable for the Merchandise devaluation.

  • Upon receipt of the returned Merchandise and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned Merchandise and such other fees, if applicable pursuant to these Terms.

 

If you have paid Import Charges in connection with your Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your destination (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination, and (c) Adidas or third party cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request Adidas or a third party may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges,

Any initial Delivery Costs paid by you in connection with the Order will be refunded. However, any delivery and clearance costs incurred by you when returning Merchandise may not be eligible for reimbursement or refund other than in the event of defective Merchandise, where you will be reimbursed for the delivery costs.

From time to time, in select destinations, the delivery costs of returning the Merchandise may be covered on your behalf (pre-paid). Such coverage (or the absence of it), will be clearly indicated on the Website prior to Checkout.

Title and risk to the returned Merchandise will not be taken back or assumed until it physically arrives back to the returns facility, and therefore you are advised to use a courier service offering a tracking number, and to take out adequate insurance to cover the cost of the goods in transit.

 

LIMITATION ON RETURNS POLICY

Notwithstanding anything to the contrary in these terms, there is no right to return merchandise which was made to your specifications or which is clearly personalized. There are other types of merchandise that are not eligible for return such as fragrances, sealed goods (such as DVDs or audio devices or goods liable to deteriorate or expire rapidly) or other merchandise which are not suitable for return due to health protection or hygiene reasons. , if they were sealed and become unsealed after delivery.

Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Merchandise as a gift be entitled to receive a refund. If you are a gift recipient and wish to return the Merchandise, please contact us to discuss your options.

 

LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANTS

If any Merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe the Merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights

FOR MERCHANDISE SHIPPED INTERNATIONALLY, PLEASE NOTE THAT THE WARRANTY MAY NOT BE VALID IN THE DESTINATION, OR YOU MAY HAVE ONLY LIMITED WARRANTY VALID IN THE DESTINATION.

 

LIABILITY

There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these terms limits our (or as the case may be the retailer's) liability for personal injury or death caused by our negligence or our liability for fraud, or for breach of any term implied by applicable consumer rights legislation which, by applicable law, may not be limited or excluded. You may have certain rights as a consumer, including legal rights relating to faulty product(s). Nothing in these terms will affect these legal rights

Subject to this, in no event will there be any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

Global-e and Retailer will not be responsible for any loss or damage incurred by unauthorized use of your payment card on the Checkout, and Global-e and Retailer are not responsible for notifying your card issuer or any law enforcement authority in such instances.

You must give a Global-e and retailer a reasonable opportunity to remedy any matter for which they are liable before you incur any costs of remedying the matter yourself.

It cannot be guaranteed that the Website will be uninterrupted or error-free and Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. Global-e and retailer are entitled without notice and without liability to suspend the Website or the Checkout for repair, maintenance, improvement or other technical reason.

To the maximum extent permitted by applicable law, Global-e shall not be held liable, if and in so far as it cannot fulfill its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

 

INTELLECTUAL PROPERTY RIGHTS

Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors.

You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.

 

TERMS OF WEBSITE USE

Please read these Terms and Conditions for Website Use (Use of the Website Terms and Conditions) carefully before using the Website. These Website Use Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

 

Content on the Website

All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software ( Content ), is owned by adidas AG ( adidas), its affiliated companies, its licensees or its content providers. All elements of the Website including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as expressly permitted under this or any other agreement with adidas, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of adidas AG, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

 

Copyright And Trademarks

The copyright in all Content is and remains owned by adidas AG, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the Materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of adidas. For the purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated into or generated by the software, and data accompanying the software ( collectively, the Software ) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All 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 (the Trade Marks) remain the exclusive property of adidas AG, its affiliated companies or its licensors. (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity permit to distribute of materials on the Website, without adidas' prior written consent. . The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext,

 

Disclaimer of Warranties

The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.

adidas does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, adidas will not provide for specific IT infrastructure or connectivity. Thus adidas cannot represent or warrant the Website will be uninterrupted or error free. adidas does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

 

Limitation of Liability

Your use of the Website is at your own risk. Neither adidas, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the Products or otherwise arising out of or in connection with such Use of the Website Terms and Conditions, even if adidas has been advised of the possibility of any such damages.

 

Links to Third Parties

For your convenience and to improve the use of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside the adidas service and off the Website and are beyond adidas control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. adidas is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these Websites entirely at your own risk.

Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.

 

Misuse of the Website

You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic , abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offense, violating the rights of any party or which may otherwise give rise to civil liability or violate any law. adidas may deny you access to the Website at any time in its sole discretion, which shall include situations where adidas believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.

You are also prohibited from using the Website to advertise or perform any commercial solicitation.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its Content or circumvent the structure or presentation of the Website or any of its Content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorized means.

 

User Generated Content

All opinions, opinions, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalization on Personalized Products) that you or other users of the Website post to the Website or transmit using the Website (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, adidas shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that adidas only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. adidas shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall adidas be under an obligation to do so. Without limitation to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of adidas. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. acclaim, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and hold adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website. .

adidas reserves the right at its sole discretion to block or remove (in whole or in part) any User Generated Content posted or transmitted by you which adidas believes is not in accordance with these Terms of Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to adidas.

You agree to promptly notify adidas in writing (https://www.adidas-group.com/en/service/contact/) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to adidas sufficient information to enable adidas to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. adidas agrees to make good faith efforts to investigate such complaint and shall take such action as adidas in its sole discretion decides. However, adidas does not warrant or represent that it will block or remove (in whole or in part) such User Generated Content or other Content.

 

Unsolicited Ideas

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to the adidas business (including without limitation footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software , information or otherwise (the Materials) from persons external to adidas. You should therefore not post any materials on the Website or send these to adidas by e-mail or otherwise.

 

GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of South Africa.

You agree to the jurisdiction of the Western Cape High Court (Cape Town) in respect of any dispute regarding or arising from these Terms or any Order.

 

MISCELLANEOUS

Communications will be made electronically by sending email or otherwise posting electronically.

Global-e is committed to making the conduct on its business in accordance with its Code of Conduct and Modern Slavery Policy ( available here ).

If any provision or provisions of these terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest permitted extent by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be or be affected.

Headings used in these terms are for information and not binding.

Any failure by either party to exercise or enforce any right or provision of these terms does not mean this is a waiver (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. These terms may be transferred to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.

Global-e and the Retailer reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Global-e reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Global-e, the Retailer or the public.

The Checkout may contain links to third party websites or services that are not owned or controlled by Adidas. Adidas is not affiliated with, has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are responsible and liable for your use of and linking to third-party websites and any content that you may submit or post to a third-party website; and (ii) expressly release Global-e from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

Global-e reserves the right to modify these terms at any time by posting the changes on the Checkout or the Site. Such change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any order that you have already placed.

These Terms constitute the entire Agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Adidas or our intra-group affiliate acting on behalf of Adidas and may be officially concluded in the English language only, and that no public filing requirements apply.

If you have any questions or complaints about Global-e, these terms or the Checkout, please contact us at service@Global-e.com or at our trading address at 3A Cinsaut House, Dorp Street, The Vineyards Office Estate, 99 Jip de Jager Drive, Bellville, 7530, Cape Town, South Africa.

Please see the contact information of our Global-e affiliates here

PROMOTIONAL OFFERS

PGA Discount Contract Terms & Conditions

Please read these terms and conditions (“ Terms ”) carefully. The Terms contain important information. By participating in this Offer, each participant declares to agree to the applicability of the Terms.

Offer 

1. The Terms apply to the Offer by adidas South Africa (Pty) Ltd (“ Promoter ”).

2. These Terms are available on the event page of the adidas mobile application. Please print and retain a copy of these Terms for your records.

Requirements

3. The Offer is open to all individuals who are residents of the Republic of South Africa and who have reached the age of 18 with the exception of the persons mentioned in the below Clause. By participating, participants declare to be a resident in a legal jurisdiction in which the voucher is offered and to be able to lawfully enter into contractual relations in such legal jurisdiction.

Participation

4. The Offer will open on 1 June 2024 08:00AM to 1 December 2024 23:59 PM (“ Offer Period ”). All entries received after the lapse of the Offer Period are excluded from participation and will not be taken into consideration.

6. Participating in the Offer takes place by:

a. visiting the adidas mobile application (“ App ”) or adidas website adidas.co.za during the offer Period; and

b. creating a free adiClub account if you are not already a member; and

c. logging in to your adiClub account; and

d. entering personal data including but not limited to full name, and email address; and 

e. accepting and adhering to these Terms unconditionally.

f. No other means of use will be accepted than those set out in the above Clause. Incomplete entries are not valid and will not be accepted.

7. One voucher per person. If more than one entry is received, only the first entry will be accepted.

General rules of behaviour

9. Participants may not use the Offer for the expression of political or religious ideas.

10. Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.

11. Entries may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence. 

12. Entries may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).

13. Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the App.

14. Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.

15. Promoter reserves the right to exclude participants from participating in the Offer and to delete entries from the App if these are not in line with these rules of behaviour or are otherwise in conflict with the Terms.

Intellectual property rights

16. By participating in this Offer, Participants agree that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law:

(a) the right to publish, copy and make the material accessible to the public; and

(b) the right to modify the Material in order to publish, copy or make it accessible to the public.

Participants agree to assign, or to procure the assignment, to promote all such right, title and interest in and to such intellectual property rights. Participants further agree to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.

17. Without prejudice to the generality of the above Clause, Participants acknowledge and agree that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitize, publish, revise, disclose, modify, transfer or otherwise exploit Entries (but is under no obligation to do so) at any time on and in relation to any adidas product or otherwise.

18. Participants are not entitled to any compensation in return for the assignment of rights pursuant to the above Clauses or for any use of an entry pursuant to the above Clauses.

19. By participating in the Offer, participants agree to Promoter using free of charge participant's name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Offer and for a duration which is necessary for the organisation and Publicity of the Offer. For the purposes of this, participants agree that this assignment concerns any support or media whether currently existing or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other applications, websites, web casts, multimedia links and social networks) etc.

20. By participating in the Offer, Entrants unconditionally and irrevocably waive, insofar as legally possible, any moral rights of any nature in or in relation to any work comprised in the Entry. Without limitation to the generality of the foregoing, each Participant agrees and shall procure that neither Promoter nor any other company is obliged to identify Participant as the author of the Work, unless required by law.

21. By participating in this Offer, entrants warrant and represent that all works comprised in entrant's entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By participating in this Offer, Participants agree to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the Promoter. of the entry by Promoter or its affiliates or licensees or arising out of participant's breach of these Terms.

22. By participating in the Offer, Participants agree to provide all additional information relating to the entry if so requested by the Promoter.

Publication

23. It is prohibited to reproduce or publish anything related to the Offer without the prior explicit written consent of the Promoter.

24. Promoter is authorized to remove, shorten or amend entries in text or image on the App.

Voucher rules

25. The voucher provides that all PGA of SA members will receive an adidas discount voucher, providing 35% off adidas product only on adidas.co.za and a max discount value of R45 000 (forty five thousand rand) with the condition that members

26. It is the responsibility of the Member(s) to ensure that they are able to accept the voucher and make use of the voucher.

27. The Member(s) agree and accept - once the Member has redeemed the Voucher - that all taxes or charges related to the Voucher will be for his/her account.

28. No cash alternative to the voucher is available.

29. The voucher cannot be exchanged for cash. The voucher is personal and non-transferable.

30. The voucher is indivisible and can only be accepted as granted.

31. Promoter reserves the right to modify or withdraw the voucher.

32. Vouchers that are not redeemed for whatever reason remain the property of the Promoter. In case of a rejection of the voucher, the voucher also falls to Promoter.

Limitation of liability

33. Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Offer. The costs of using the internet are for the account of the participants.

34. Promoter is not responsible and excludes any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or willful misconduct of Promoter.

35. Promoter is not responsible or liable for any incompatibility between the technologies used, in the broadest sense, during the Offer Period and the hardware and software configuration used by the participants.

36. To the fullest extent permitted by applicable law, Promoter, and any agencies involved in the Offer are not responsible or liable for any loss, damages or injury caused by participation in the Offer.

38. If an Offer, for whatever reason, progresses differently than the foreseen or the Offer appears to be in conflict with applicable law, the Promoter reserves the right to annul, terminate, amend or postpone the Offer without any liability of the Promoter and without a right of compensation for the participants.

Exclusion of participants

39. At all times, Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.

40. Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Offer, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by the Promoter to be disruptive.

41. The Promoter is authorized at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against the Promoter.

42. Promoter reserves the right to exclude participants in case of (or suspicion of) foul play, fraud, or any other breach of the Terms without a right of recourse against Promoter. Organized or collective participation in the Offer shall be regarded as a breach of the Terms.

43. This Offer is void where the Offer is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.

44. No rights can be derived from the Offer or its result other than set out in these Terms.

Applicable law / disputes

45. The decision of the Promoter is final and binding. No correspondence will be entered into relating to the result of the Offer, other than that provided for in law.

46. ​​If any Clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that Clause shall be deemed to be deleted and the remaining Clauses shall continue in full force and effect.

47. The Terms are governed by and construed in all respects in accordance with the laws of the Republic of South Africa. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to the Consumer Goods and Services Ombud and, if not resolved there, settled by the competent courts of South Africa.

48. Promoter will execute the Offer in compliance with the Consumer Protection Act. Complaints or questions relating to the Terms and the Offer can be submitted in writing to adidas South Africa (Pty) Ltd., to the attention of the Legal Department, 2nd Floor, Unit 2C, Black River Park North, Fir Road, Observatory, Cape Town, 7925, South Africa. PO Box 12990, Mowbray, 7705.

Singles’ Day Buy 1 Get 1 Free  – Terms & Conditions

Please read these terms and conditions (“Terms”) carefully. The Terms contain important information. By participating in this Offer, each participant declares to agree to the applicability of the Terms.

Offer 

  1. The Terms apply to the Offer by adidas South Africa (Pty) Ltd (“Promoter”).
  2. These Terms are available on the on the adidas website: https://www.adidas.co.za/terms.html . Please print and retain a copy of these Terms for your records.

Requirements

  1. The Offer is open to all individuals who are residents of the Republic of South Africa who are residing in South Africa and who have reached the age of 18 with the exception of the following persons (a) employees of Promoter, any adidas Group entities or their agents and their first- and second-degree family members, as well as (b) anyone else who is directly or indirectly professionally connected with the Competition and their family members and (c) anyone who participates for non-private purposes.

By participating, participants declare to be a resident in a legal jurisdiction in which the offer is offered and to be able to lawfully enter into contractual relations in such legal jurisdiction.

Participation

  1. The Offer will open on 11th November 2024 12AM SAST to 11th November 2024 11:59PM (”Offer Period”). All entries received after lapse of the offer Period are excluded from participation and will not be taken into consideration.
  2. Participating in the Offer takes place by:

a.           visiting the adidas mobile application (“App”) or adidas website www.adidas.co.za  during the Offer Period; and

b.           entering personal data including but not limited to full name, and email address; and 

c.           accepting and adhering to these Terms unconditionally.

d.           No other means of entry will be accepted than set out in the above Clause. Incomplete entries are not valid and will not be accepted.

Offer

  1. The Offer is Buy 1, Get 1 Free for all articles on the URL https://www.adidas.co.za/singles_day. The Offer discount will not be applied to any hype or exclusive articles, which will be noted on the product's page. The discount will apply automatically at checkout.
  2. It is the responsibility of the Participant(s) to ensure that they are able to make use of the Offer.
  3. The Participant(s) agree and accept - once the Participant has redeemed the offer - that all taxes or charges related to the Offer will be for his/her account.
  4. No cash alternative to the Offer is available.
  5. The Offer cannot be exchanged for cash. The offer is personal and non-transferable.
  6. The Offer is indivisible and can only be accepted as granted.
  7. The Promoter reserves the right to modify or withdraw the Offer.
  8. Offers that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of the offer, the offer also falls to Promoter.

General rules of behaviour

  1. Participants may not use the Offer for the expression of political or religious ideas.
  2. Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.
  3. Participation may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence. 
  4. Participation may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).
  5. Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the App.
  6. Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.

Intellectual property rights

  1. By participating in the Offer, participants agree that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law:

(a)                the right to publish, copy and making the material accessible to public; and

(b)                 the right to modify the material in order to publish, copy or making it accessible to the public.

Participants agree to assign, or to procure the assignment, to Promoter of all such right, title and interest in and to such intellectual property rights. Participants further agree to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.

  1. Without prejudice to the generality of the above Clause, participants acknowledge and agree that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.
  2. Participants are not entitled to any compensation in return for the assignment of rights pursuant to the above Clauses or for any use of an entry pursuant to the above Clauses.
  3. By participating in the Offer, participants agree to Promoter using free of charge participant’s name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Offer and for a duration which is necessary for the organisation and publicity of the Offer. For purposes of this, participants agree that this assignment concerns any support or media whether existing currently or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other applications, websites, web casts, multimedia links and social networks) etc.
  4. By participating in the Offer, participants unconditionally and irrevocably waive, insofar as legally possible, any moral rights of any nature in or in relation to any work comprised in the entry. Without limit to the generality of the foregoing, each participant agrees and shall procure that neither Promoter nor any other company is obliged to identify participant as author of the work, unless required by law.
  5. By participating in the Offer, participants warrant and represent that all works comprised in participant’s entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By entering into this Offer, participants agree to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by Promoter or its affiliates or licensees or arising out of participant’s breach of these Terms.
  6. By participating in the Offer, participants agree to provide all additional information relating to the entry if so requested by Promoter.

Publication

  1. It is prohibited to reproduce or publish anything relating to the Offer without the prior explicit written consent of Promoter.
  2. The Promoter is authorised to remove, shorten or amend entries in text or image on the App.

Limitation of liability

  1. The Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Offer. The costs of the use of internet are for the account of the participants.
  2. The Promoter is not responsible and exclude any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or willful misconduct of Promoter.
  3. The Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Offer and the hardware and software configuration used by the participants.
  4. To the fullest extent allowed by applicable law, Promoter, and any agencies involved in the Offer are not responsible or liable for any loss, damages or injury caused by participation in the Offer.
  5. Where the Prize is delivered to the winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.
  6. If an Offer, for whatever reason, progresses differently than foreseen or the Offer appears to be in conflict with applicable law, Promoter reserves the right to annul, terminate, amend or postpone the Offer without any liability of Promoter and without a right of compensation for the participants.

Exclusion of participants

  1. At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.
  2. The Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Offer, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by Promoter to be disruptive.
  3. The Promoter is authorised at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.
  4. The Promoter reserves the right to exclude participants in case of (or suspicion of) foul play, fraud, or any other breach of the Terms without a right of recourse against Promoter. Organised or collective participation of the Offer shall be regarded as a breach of the Terms.
  5. This Offer is void where the Offer is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.
  6. No rights can be derived from the Offer or its result other than set out in these Terms.

Applicable law / disputes

  1. The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Offer, other than that provided for in law.
  2. If any Clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that Clause shall be deemed to be deleted and the remaining Clauses shall continue in full force and effect.
  3. The Terms are governed by and construed in all respects in accordance with the laws of the Republic of South Africa. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to the Consumer Goods and Services Ombud and, if not resolved there, settled by the competent courts of South Africa.
  4. Promoter will execute the Offer in compliance with the Consumer Protection Act. Complaints or questions relating to the Terms and the Offer can be submitted in writing to adidas South Africa (Pty) Ltd., to the attention of the Legal Department, 2nd Floor, Unit 2C, Black River Park North, Fir Road, Observatory, Cape Town, 7925, South Africa. P.O. Box 12990, Mowbray, 7705.

Sale – Extra 10% at Cart – Terms & Conditions

Please read these terms and conditions (“Terms”) carefully. The Terms contain important information. By participating in this Offer, each participant declares to agree to the applicability of the Terms.

Offer 

1.           The Terms apply to the Offer by adidas South Africa (Pty) Ltd (“Promoter”).

2.           These Terms are available on the on the adidas website: https://www.adidas.co.za/terms.html . Please print and retain a copy of these Terms for your records.

Requirements

3.           The Offer is open to all individuals who are residents of the Republic of South Africa who are residing in South Africa and who have reached the age of 18 with the exception of the following persons (a) employees of Promoter, any adidas Group entities or their agents and their first- and second-degree family members, as well as (b) anyone else who is directly or indirectly professionally connected with the Competition and their family members and (c) anyone who participates for non-private purposes.

By participating, participants declare to be a resident in a legal jurisdiction in which the offer is offered and to be able to lawfully enter into contractual relations in such legal jurisdiction.

Participation

4.           The Offer will open on 21st October 2024 12AM SAST to 27th  October 2024 11:59PM (”Offer Period”). All entries received after lapse of the offer Period are excluded from participation and will not be taken into consideration.

5.           Participating in the Offer takes place by:

a.           visiting the adidas mobile application (“App”) or adidas website www.adidas.co.za  during the Offer Period; and

b.           creating a free adiClub account if you are not already a member; and

c.           logging in to your adiClub account; and

d.           entering personal data including but not limited to full name, and email address; and 

e.           accepting and adhering to these Terms unconditionally.

f.            No other means for use will be accepted than set out in the above Clause. Incomplete entries are not valid and will not be accepted.

 

General rules of behaviour

7.           Participants may not use the Offer for the expression of political or religious ideas.

8.           Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.

9.           Participation may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence. 

10.         Participation may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).

11.         Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the App.

12.         Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.

Intellectual property rights

13.         By participating in the Offer, participants agree that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law:

(a)          the right to publish, copy and making the material accessible to public; and

(b)          the right to modify the material in order to publish, copy or making it accessible to the public.

Participants agree to assign, or to procure the assignment, to Promoter of all such right, title and interest in and to such intellectual property rights. Participants further agree to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.

14.         Without prejudice to the generality of the above Clause, participants acknowledge and agree that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.

15.         Participants are not entitled to any compensation in return for the assignment of rights pursuant to the above Clauses or for any use of an entry pursuant to the above Clauses.

16.         By participating in the Offer, participants agree to Promoter using free of charge participant’s name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Offer and for a duration which is necessary for the organisation and publicity of the Offer. For purposes of this, participants agree that this assignment concerns any support or media whether existing currently or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other applications, websites, web casts, multimedia links and social networks) etc.

17.         By participating in the Offer, participants unconditionally and irrevocably waive, insofar as legally possible, any moral rights of any nature in or in relation to any work comprised in the entry. Without limit to the generality of the foregoing, each participant agrees and shall procure that neither Promoter nor any other company is obliged to identify participant as author of the work, unless required by law.

18.         By participating in the Offer, participants warrant and represent that all works comprised in participant’s entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By entering into this Offer, participants agree to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by Promoter or its affiliates or licensees or arising out of participant’s breach of these Terms.

19.         By participating in the Offer, participants agree to provide all additional information relating to the entry if so requested by Promoter.

Publication

20.         It is prohibited to reproduce or publish anything relating to the Offer without the prior explicit written consent of Promoter.

21.         Promoter is authorised to remove, shorten or amend entries in text or image on the App.

Offer

22.         The Offer is an extra 10% off at cart for all articles on the URL https://www.adidas.co.za/sale. This offer is for adiClub members only. The Offer discount will not be applied to any hype or exclusive articles, which will be noted on the product's page. The discount will apply automatically at checkout.

23.         It is the responsibility of the Participant(s) to ensure that they are able to make use of the offer.

24.         The Participant(s) agree and accept - once the Participant has redeemed the offer - that all taxes or charges related to the offer will be for his/her account.

25.         No cash alternative to the offer is available.

26.         The offer cannot be exchanged for cash. The offer is personal and non-transferable.

27.         The offer is indivisible and can only be accepted as granted.

28.         Promoter reserves the right to modify or withdraw the offer.

29.         Offers that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of the offer, the offer also falls to Promoter.

Limitation of liability

30.         Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Offer. The costs of the use of internet are for the account of the participants.

31.         Promoter is not responsible and exclude any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or willful misconduct of Promoter.

32.         Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Offer and the hardware and software configuration used by the participants.

33.         To the fullest extent allowed by applicable law, Promoter, and any agencies involved in the Offer are not responsible or liable for any loss, damages or injury caused by participation in the Offer.

34.         Where the Prize is delivered to the winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.

35.         If an Offer, for whatever reason, progresses differently than foreseen or the Offer appears to be in conflict with applicable law, Promoter reserves the right to annul, terminate, amend or postpone the Offer without any liability of Promoter and without a right of compensation for the participants.

Exclusion of participants

36.         At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.

37.         Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Offer, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by Promoter to be disruptive.

38.         Promoter is authorised at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.

39.         Promoter reserves the right to exclude participants in case of (or suspicion of) foul play, fraud, or any other breach of the Terms without a right of recourse against Promoter. Organised or collective participation of the Offer shall be regarded as a breach of the Terms.

40.         This Offer is void where the Offer is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.

41.         No rights can be derived from the Offer or its result other than set out in these Terms.

Applicable law / disputes

42.         The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Offer, other than that provided for in law.

43.         If any Clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that Clause shall be deemed to be deleted and the remaining Clauses shall continue in full force and effect.

44.         The Terms are governed by and construed in all respects in accordance with the laws of the Republic of South Africa. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to the Consumer Goods and Services Ombud and, if not resolved there, settled by the competent courts of South Africa.

45.         Promoter will execute the Offer in compliance with the Consumer Protection Act. Complaints or questions relating to the Terms and the Offer can be submitted in writing to adidas South Africa (Pty) Ltd., to the attention of the Legal Department, 2nd Floor, Unit 2C, Black River Park North, Fir Road, Observatory, Cape Town, 7925, South Africa. P.O. Box 12990, Mowbray, 7705.