Prosportia.com Terms and Conditions
Last Updated: 5/9/2023
- Acceptance of these Terms
This Terms and Conditions of Use Agreement governs your (users or visitors of the Site) use of www.prosportia.com (the “Site”), which is owned and/or controlled by Sports365Equipment (“Company”, “we”, “us”, “our”),. By accessing, browsing, or using the Site or any of its pages, you signify that you have read, acknowledge, and agree to be bound by this Terms of Use Agreement and all terms incorporated by reference herein (collectively, “Terms”).
By agreeing to these Terms, you affirm that you are at least 18 years old and that, if you have accepted these Terms on behalf of another person or entity, you have the legal capacity to do so and that such person or entity agrees to be liable to us if you or it violates these Terms. If you are under 18 years of age, you are not permitted to make purchases through the Site and you may only use the Site under the supervision of a parent or guardian. If you choose to breach these terms by accessing the Site being less than 18 years of age, then we shall automatically disclaim ourselves of all liability that may arise upon you and you shall independently remain liable of all issues legal, or otherwise or at all.
If you do not agree to each and every provision of these Terms, you may not access, browse, or use the Site, nor may you order, receive, or use any products or services made available via the Site (collectively, the “Products”). By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or that you have not engaged in any conduct that could result in suspension or removal from the Site.
These Terms are subject to change at any time and for any reason, and Sports365Equipment may notify you of such changes by any reasonable means, including by posting a notice on the Site. You can check when these Terms were last changed by using the “Last Updated” legend located at the top of these Terms. By continuing to access, browse, or use the Site, or by ordering, receiving, or using the Products or Services, you indicate your acceptance of the amended Agreements and all terms incorporated by reference herein. We strongly advise that you revisit this page periodically to check these Terms. You may not access or use the Site or order, receive, or use Products or Services made available via the Site if you do not accept the updated Terms.
- Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including all applicable taxes and other charges) (collectively, a “Order”). Your Order may be suspended or canceled if the payment method cannot be verified, is invalid, or is otherwise ineligible. In order to continue with your Order, you must resolve any payment related issues that we encounter. You can modify or amend the payment information connected with your prosportia account at any time by signing into your account and editing your payment information. Please note that if you are required to adjust the payment method for an order that has been placed on hold due to payment verification issues, you must contact a customer service agent.
- Pricing and Availability of Products
All prices are displayed in U.S. dollars; taxes and other fees, if applicable, are extra. We have the right to alter pricing at any moment and without warning, based on our sole discretion. However, we will not be able to advise you of any related tax adjustments.
Despite our efforts to prevent pricing and product information errors, some information (including prices) may be incorrectly presented on the Site as a result of system or typographical errors. We reserve the right to fix any pricing or product information errors that may arise, and we do not honor incorrect or incorrect prices. If a product’s quoted price is less than its real price, we reserve the right, at our discretion, to either contact you for instructions before shipment or to cancel the purchase and notify you of such cancellation. You agree to return the Product (at your expense) or refund the difference between the real and charged prices if the order has already been sent.
All of our Products and Services are subject to availability, and we have the right to set quantity limits on any Order, to reject all or a portion of an Order, and to cease offering specific Products and Services without prior notice.
A “backorder” is an order for an item that is temporarily out of stock. If you order an item that is currently unavailable, we will ship it to you by standard ground shipment as soon as it becomes available. If your order contains multiple items, one or more of which are on backorder, the in-stock items will be shipped normally.
- Our Guarantees
Satisfaction Guarantee
We take great pleasure in the quality of our products and officially licensed sports merchandise that we sell on the Site. We take every precaution to ensure that the product you receive is original, satisfactory and fulfills your expectations.
We acknowledge, however, that a customer may not be satisfied with his order. If this is the case, our Satisfaction Guarantee is designed to rectify the situation.
First, we accept no-questions-asked returns of unused, non-customized products within 30 days of the order date. We will send you an alternative color, size, or completely different style. If you prefer a refund, we will provide one instead. For more details you may refer to our refund policy.
In addition, we provide a warranty on all of our products in the event that they include defects in workmanship or materials. In most cases, this guarantee is valid for sixty days, although in some instances it may be longer. We reimburse the costs associated with returning the item to us and obtaining a replacement as soon as feasible. Contact Us if you require assistance with a malfunctioning product.
Security Guarantee
We take your online security and personal information very seriously – every transaction you make on our site is 100% safe. For more information, you may refer to our Privacy Policy.
Service Guarantee
We are always here for you barring our non-business days and work off hours. Our Customer Service Hours are as follows;
Monday-Friday
UTC: 7 am – 6 pm
Berlin time: 9am – 8 pm
Saturday
Closed
Sunday
Closed
Email: https://prosportia.com/contact/
Authenticity Guarantee
The availability of the most recent and current licensed team jerseys is our key priority. Our Site only sells real and fully licensed gear and equipment. We sell only officially licensed products and guarantee its authenticity for life.
- Taxes
The application of sales tax is governed by individual state/country rules. The applicable tax will be displayed on the order page at checkout.
All commodities entering a foreign nation are subject to customs inspection and the imposition of duties and taxes in line with the legislation of that country. We reserve the right, at our sole discretion, to compel you to pay all applicable customs and taxes on any Products or Services you purchase or exchange. These fees cannot be determined by us during the checkout process. Please contact your local customs office for additional details.
If you refuse receipt of the product, you are solely responsible for payment of all return shipping charges, duties, and taxes; return shipping charges, duties, and taxes will be billed to you according to the payment method you selected during the checkout process.
- Shipping
Shipping costs will be displayed separately on the order page upon checkout. We cannot ship to hotels or Post Office boxes. Any shipment may demand a signature upon delivery.
You agree to pay the shipping costs displayed at the time of purchase. A third-party courier handles shipping. Actual shipping dates can vary. You agree that you will not obtain a Product for export or ship it directly. All of our products are shipped pursuant to a shipment contract. This signifies that title and risk of loss pass to you upon our delivery of the Product to the third-party courier. Shipping Rates provides additional information about our shipping practices. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. When a package is marked as delivered in the carrier’s shipping information, there can be no doubt that it has been delivered.
- Representation of Product
We have endeavored to describe the Products offered on this Site properly. Due to the fact that the colors you see vary on your computer monitor, we cannot guarantee that the colors you see are true. Depending on your monitor, the products may possibly appear larger or smaller than their actual dimensions. Some product pictures may have been enlarged for clarity.
- Reselling prohibited
You are not permitted to resell or otherwise use the Products or Services for commercial purposes.
- Licenses to Access and Use
The Site and all content and other materials contained therein, including, without limitation, the prosportia logo and all designs text, graphics, pictures, information, data, software, User Content and other files (collectively, “Content”) are the property of Sports365Equipment or our licensors or users, as applicable.
You are allowed a personal, non-exclusive, non-transferable, and non-sublicensable license to access and make personal, non-commercial use of the Site and Content, subject to these Terms. All rights not specifically granted are reserved. Under these Terms, you do not acquire any ownership interests in the Site or Content, nor any other rights thereto, other than the right to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions of these Terms.
However, such license is subject to these Terms and does not include the right to, and you shall not, directly or indirectly: (a) sell, resell or use the Site or Content for commercial purposes; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof; (d) engage in any data mining, robots, or similar data gathering or extraction methods; (e) download (other than page caching) or copy any portion of the Site or Content, except as expressly permitted by us, (f) (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content not expressly permitted above is strictly prohibited and will result in the immediate revocation of the license granted herein. Such unlawful use may also be in violation of applicable laws, including copyright and trademark laws, as well as communications rules and legislation. Nothing in these Terms shall be considered as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Sports365Equipment or any third party, whether by estoppel, implication, or otherwise, unless expressly stated by us. This license may be terminated at any moment.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices affixed to or accompanying the Content, nor will you reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.
You are granted a personal, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Content for personal, non-commercial purposes, subject to these Terms. All rights not specifically granted are reserved. Under these Terms, you do not acquire any ownership interest in the Site or Content or any other rights thereto, other than the right to use the Site in accordance with the license granted and subject to all terms, conditions, and restrictions of these Terms.
- Trademarks
The prosportia.com logo, and any other product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site, Services, or Products are owned by Sports365Equipment or its subsidiaries, affiliates, or third parties (such as the manufacturers of such Products), and may not be copied, imitated, or used, in whole or in part, without our prior written permission. The Site should not be understood as providing, implicitly or otherwise, any license or right to use any such Mark without the prior written approval of Sports365Equipment or such third party that may own such Mark. Any unauthorized use of such Marks or other Content is strictly forbidden.
- User Content
You are solely liable and responsible for all data, information, and other materials (“User Content”) that you submit, upload, publish, email, or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from any third party’s use (including republication) or misuse of information made public via the Site. IF YOU CHOOSE TO SUBMIT TO US OR OTHERWISE MAKE PUBLICLY AVAILABLE ANY PERSONAL INFORMATION OR OTHER INFORMATION, YOU DO SO AT YOUR OWN RISK, AND SPORTS365EQUIPMENT SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH.
You agree that neither you nor anybody on your behalf shall directly or indirectly:
- Transmit any User Content that is illegal, dangerous, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or otherwise objectionable;
- Transmit any User Content: I that you do not have the right to transmit under any law, contract, or fiduciary relationship, including, but not limited to, any inside information or sensitive or proprietary information; (ii) that violates any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of a third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus designed to disable, delete, modify, damage or erase software, hardware or data;
- Forge headers or otherwise modify identifiers to conceal any User Content transmitted via the Site.
Although we have no obligation to screen, edit, or monitor User Content, we reserve the right and absolute discretion to remove, screen, or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole expense.
- Rights in User Content
We assert no ownership rights over your User Content. By uploading, posting, or submitting User Content to the Site or to our pages or feeds on third-party social media platforms (e.g., our Facebook page, Instagram page, or Twitter feed), you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, we will only share personal information that you provide in accordance with our Privacy Policy.
You acknowledge and agree that we may disclose or use any User Content that you Transmit for the following purposes, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Sports365Equipment, its customers or the public.
- Feedback
In addition to User Content, you can send questions, comments, suggestions, ideas, original or creative materials, and other information about us, the Site, our Products, and Services (“Feedback”). Feedback is public and becomes our exclusive property. We shall own all rights, including all intellectual property rights, in and to such Feedback and shall be entitled to unrestricted use and distribution of such Feedback for any purpose, commercial or otherwise, without acknowledgment or remuneration to you.
- Third Party Content
We are not responsible for the content of any third-party pages or other websites connected to the Site because we have not reviewed them all. Nothing on the Site, including links to other websites, should be considered as an endorsement by us of the products, services, or information of any other person or company. Your decision to link to any other website is at your own risk, and you agree to abide by any applicable terms and conditions. We retain the right to not link to a particular website or to withdraw the link at any time. Links to websites not owned or controlled by us are provided only for your convenience. These linked websites are not under our control, and we make no representations or assurances regarding them. Your use of and access to any third-party website is at your exclusive discretion and risk.
- Indemnification
You agree to defend, hold harmless, and indemnify Sports365Equipment, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives (collectively, the “Related Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by a third party. This indemnity is in addition to any other indemnities included in a formal agreement between you and us and, not in place of them.
- DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER WE NOR THE RELATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, THE RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
YOU ACCEPT THAT YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. RELATED PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LEGAL IN ANY JURISDICTION, AND THE RELATED PARTIES EXPRESSLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO YOU AND THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR THE RELATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR ANY RELATED PARTY, OR FROM EVENTS BEYOND THE OUR OR RELATED PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR OR RELATED PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE SPORTS365EQUIPMENT OR ITS RELATED PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS OR SERVICES PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR SERVICES.
- Modifications and Changes
We reserve the right to alter, suspend, or discontinue, temporarily or permanently, the Site (including any features or portions thereof) or the supply of any Products or Services at any time, at our sole discretion.
- Termination
We reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Products or Services, at any time and for any or no reason, and you agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by law. However pursuant to your termination of our Services, we shall fulfil our obligations towards you, if any within a reasonable period of time.
- Governing Law, Jurisdiction and Dispute Resolution
We manage and operate the Site from offices located in Germany. These Terms and the transactions they involve, including their interpretation, construction, execution, and enforcement, shall be governed by the laws of Germany. The exclusive forums for the resolution of any dispute relating to these Terms shall be Germany.
Any dispute related to these Terms or any Product(s) or Service(s) shall be mutually negotiated and resolved between Sports365Equipment and you. You may address any of your concerns or queries to us at (https://prosportia.com/contact/ ), and our concerned department will get back to you within 72 hours and review your concerns or queries for determining an amicable solution.
- Notices
All notifications, demands, or consents given by you pursuant to these Terms must be addressed via email at https://prosportia.com/contact/
Contact us at https://prosportia.com/contact/ if you have any difficulties, questions, or feedback regarding the Site.
- Severability
If any term, clause, or provision of these Terms is determined to be invalid or unenforceable, then that term, clause, or provision will be severed from these Terms and will not affect the validity or enforceability of any other term, clause, or provision of these Terms.
- Survival
The following sections will survive the expiration or termination of these Terms and the termination of your prosportia account: all defined terms and Sections 3, 5, 10-13, 15, 16, and 19-21.
- How to make a claim of Copyright infringement?
We expect users to respect the intellectual property rights of others when using the Site. If you feel, in good faith, that any content on the Site infringes your copyright, please send our copyright agent with the appropriate written information.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Our Agent can be contacted via the contact form: https://prosportia.com/contact/
- Contact Us
If you have any questions or concerns relating to these Terms, please feel free to reach out to us at https://prosportia.com/contact/
User obligations
Users of www.prosportia.com website accept that they will not use them for shipment, publish, send by e-mail or otherwise transmit any content that is unlawful,harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, libelous, violate the privacy of another, shows empathy, or is racial,national or other discrimination, may cause harm to minors in any way not be transmitted in accordance with the law or contractual or management relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or covered by confidentiality agreements)infringes any patent, trademark, trade secret, copyright or other proprietary rights of others, contains software viruses or any other computer code, files or programs designed to interrupt,damage, destroy or inhibit the operation of any computer software or hardware, intentionally or unintentionally contravenes existing law international conventions may impede third in any way any content used to collect or store personal data of users.
Delivery
We make every effort to dispatch items on time. If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer service On-line quoting the order reference contained in your Order Confirmation Email.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full. You will be asked to sign for acceptance of the goods which makes it understood that the goods were received in good condition. However, if upon opening the package you find something missing or broken, please contact us immediately.