PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
This Web Site is intended only for consumers wishing to order ProAdvancedSport products (Products) online for delivery in the contiguous America, EU and Asia. ProAdvancedSport does not accept orders for delivery outside these areas. The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By filling the purchase order form and submitting the order, you accept and agree to be bound by these terms and conditions. ProAdvancedSport reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2 You may place an order by filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button.
ProAdvancedSport will not accept orders placed in any way other than those listed above.
2.3 When you place your order, ProAdvancedSport will issue you with a Web Order Number. ProAdvancedSport will do this via the Web Site. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
3. Supply of Your Products
Subject to these terms and conditions, ProAdvancedSport will supply to you the Products indicated on your order confirmation.
All prices are in US dollars. Prices shall be those prices published on this Web Site at the time you submit your order. The prices published on the Web Site are exclusive of VAT, recycling fee, shipping and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order.
5. Paying for Your Products
5.1. You may pay for your Products by the methods of payment displayed on the payment paragraph of the Web Site.
5.2. You must pay in the currency as indicated on your order.
5.3. If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products. ProAdvancedSport will not commence the manufacture of your Products neither will ProAdvancedSport supply the Products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If ProAdvancedSport does not receive such authorization ProAdvancedSport shall inform you accordingly. ProAdvancedSport reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
6. Delivery of Your Products
6.1. ProAdvancedSport will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by ProAdvancedSport are best estimates only and ProAdvancedSport shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by ProAdvancedSport.
6.2. Title to and risk of loss of your Products will pass to you on delivery of the Products
6.3. When Products have been delivered to the carrier ProAdvancedSport will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address and phone number on the order form.
7. Exchanges, Returns and Refunds
7.1. You may return the Product to ProAdvancedSport or cancel the entitlement to services and obtain a refund of the price of the returned Product (except gift wrapping costs and any such other charges) or service entitlement, provided you contact ProAdvancedSport within thirty (30) calendar days of the date of delivery of the Product. Return delivery fee should be paid by buyer.
If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at ProAdvancedSport request be returned with the product purchased. ProAdvancedSport reserves the right to raise an invoice in respect of any free or discounted bundle product not so returned.
Please note that you may not return a Product and claim a refund if the Product concerned is:
- a) software which ProAdvancedSportsupplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the Web Site; or
- b) A personalized and/or customized product made in accordance with your specifications. You may not obtain a refund for a service if you have commenced use of a/the service.
7.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please contact us by email or Facebook. In the event that you are entitled to a replacement or repair in accordance with paragraph 8 below, the transportation charges referred to in paragraph 7.1 will not be applied.
7.1.2 If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service, to ProAdvancedSport for a refund, subject to the payment of the transportation charges and provided:
- You inform ProAdvancedSportof your decision to cancel the contract within thirty (30) calendar days of the date of delivery of the Product or the date you purchased the services; and
- The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
- The Product(s) are returned in accordance with paragraph 7.2 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7.2. Steps to Follow to Claim a Refund:
(i) Please contact us by email or Facebook to make arrangements for your return. You will then be provided with an RMA (Return Material Authorization) number.
(ii) ProAdvancedSport will subsequently arrange for the Product(s) to be collected by its nominated carrier. Depending on which carrier it is, you will either be asked to contact them, or in the case of larger items you will be called to arrange a collection time
(iii) Before returning any Product(s) please check that you have:
- Received a RMA number from ProAdvancedSport(issued on request);
- Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
- Used all packaging that was originally supplied;
- Clearly displayed the returns address and the RMA number;
- Sealed the packaging securely.
(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
(v) Please note that ProAdvancedSport reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.2 and 7.2.
8.1. ProAdvancedSport-branded Product Warranty
ProAdvancedSport warrants the Products as set forth on the warranty card supplied with the Product and/or as may be stated on the Web Site. Specific warranties may apply to certain Products (such as customized Products) as specified on the Web Site. With respect to software, no warranty shall apply other than as expressly set forth in the applicable license agreement. Should the Product supplied by ProAdvancedSport not comply with the applicable warranty ProAdvancedSport shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law ProAdvancedSport hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
8.2. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS..
9. ProAdvancedSport Liability
9.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
9.2. Except where set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on ProAdvancedSport regarding the supply of Products or the provision of Services except as expressly stated in the contract.
9.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, ProAdvancedSport will not be responsible for ensuring that the Products are suitable for your purposes
9.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5. SUBJECT TO CLAUSE 9.4 ProAdvancedSport WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.ProAdvancedSport MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO ProAdvancedSport IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
9.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7
- 10. Data Protection
10.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.
11. Circumstances Beyond ProAdvancedSport Reasonable Control
ProAdvancedSport will make every effort to perform ProAdvancedSport obligations under the contract. However, ProAdvancedSport cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, ProAdvancedSport will perform our obligations as soon as reasonably possible.
12. Disagreements, Governing Law and Jurisdiction
ProAdvancedSport will try to solve any disagreements quickly and efficiently. If you are not happy with the way ProAdvancedSport deals with any disagreement and you want to file court proceedings, you must do so within China law and courts. The applicability of the China Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
13.1. Neither ProAdvancedSport failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
14. Special terms for customization/personalization
14.1. Order and acceptance customized products
While ProAdvanced Sport honors most designs, ProAdvanced Sport cannot honor all of them. Some may contain among other things trademarks of third parties that you (or ProAdvanced Sport) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that ProAdvanced Sport may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage if so, you will be notified by e-mail and ProAdvanced Sport reserves the right to cancel the applicable order confirmation.
14.2. Content Restrictions
You agree not to use the Web Site or service:
- To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
- To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
- To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
- To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and
- You agree that if ProAdvanced Sport, in its sole discretion, determines that any material you submit may not meet these content requirements, ProAdvanced Sportshall reject your order. ProAdvanced Sport reserves the right to charge a processing fee of $100 for each design that you submit as an order which violates our content restrictions.
In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that ProAdvanced Sport will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
Your design or personalization of the Product (and/or the color combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by a third party.
Please understand that although ProAdvanced Sport reserves the right to decline your design or personalization, you are solely responsible for your design and personalization, and ProAdvanced Sport has no obligation to review your design or personalization.
By submitting your order, including your design and personalization, to ProAdvanced Sport, you hereby grant ProAdvanced Sport a non-exclusive, perpetual, royalty-free license to use your design and personalization in the widest sense of the word, including but not limited to, copying, editing, modifying, digitizing or reproducing, to fulfill your request of creating and delivering a personalized product.
15.1. ProAdvanced Sport offers a replenishment model whereby you can subscribe to a recurring delivery of certain selected Products (“Subscription Products”) against the price as shown on the Web Site. You are required to create an account in order to enroll in a subscription for a product.
15.2. You can select the delivery frequency for the Subscription Products in your account. ProAdvanced Sport will charge you for your Subscription Products before each scheduled shipment date. Subscription Products will only be shipped after payment has been received by ProAdvanced Sport.
15.3. You can pause your subscription up to one day before the next scheduled shipment date in your account. During the pause period you will not receive any Subscription Products and you don’t have to pay the respective subscription charges. After you reactivate your subscription, the delivery of the Subscription Products will be resumed and ProAdvanced Sport will charge you accordingly.
15.4. In the event a Subscription Product is out of stock, ProAdvanced Sport may postpone the delivery (and related charges) until the next scheduled shipment date at which the Subscription Product is available again.
15.5. You can terminate your subscription at any time up to one day before the next scheduled shipment date.
15.6. In the event you have not fulfilled your subscription obligations, ProAdvanced Sport has the right to either give you the opportunity to remedy your breach, or alternatively, terminate the subscription at any time.