TERMS OF SALE
(Amended and effective as of 21 December, 2023)
Please read these Terms of Sale carefully before ordering Products online from the Nike Hong Kong official site (www.nike.com.hk) (the “Website”).
APPLICABILITY
You are reading these Terms of Sale (“Terms of Sale”) because you are using the Website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services (if applicable), all of which are part of NIKE’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and Nike China Holding HK Limited and its affiliates (which we may refer to as “NIKE,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. NIKE may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us. NIKE’s Terms of Use and Privacy Policy are incorporated herein by this reference.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age under Hong Kong law and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for NIKE to sell NIKE products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of NIKE product by someone who resells, or intends to resell, the NIKE product to others (consumers, businesses or any third party). If NIKE reasonably believes you are involved in purchase for resale and it is deemed that you have violated the Contract (as defined below) or these Terms of Sale therefore, NIKE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, block your use of a specific credit card, and/or suspend or close your account.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized products(if applicable), adding products to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available / in stock;
- your order information is not correct or not verifiable;
- your order is flagged up by our security systems as an abnormal order;
- your bank transfer payment is not received within the specified time limit after we receive your order (refer to the time limit for payment as specified on the Website);
- we reasonably believe you are under the legal age in Hong Kong;
- we reasonably believe that your purchase is intended for resale;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (as defined below);
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in the event of misspelling, pricing or other errors or mistakes occurred to the Platform information.
DATA CHECK
When you send us your order, you agree that we may run any checks we deem reasonable before it is fulfilled. These checks may include verifying your address and checking for fraud. We will investigate suspected fraud on the Platform and we reserve the right to take any further action.
TITLE TRANSFER
The risk of loss and title for products purchased from NIKE pass to you upon our delivery to the carrier.
PRICE/PAYMENT
PAYMENT METHODS
You can find the available payment methods in the help section of the Website. We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account. If you pay by bank transfer (only available for bulk orders or special orders as agreed by you and us), we will start the shipping process after we receive your payment. This may take several days. In the event that no payment has been received within the specified time limit after you submitted your order (the time limit is subject to the actual information displayed on the Website), your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.
PRICES AND CURRENCY
The product prices displayed on the Platform are quoted in Hong Kong dollars and inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. For details on shipping rates, see the help section of the Website.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in Hong Kong dollars.
If your local currency is different from Hong Kong dollars, your bank will apply the exchange rate applicable on the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
CASH ON DELIVERY (COD)
If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in Hong Kong dollars must be paid in full before receiving your products and signing the delivery sheet. The package can be opened and your products can be inspected only after the payment is made.
PRICE CHANGES
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. Please refer to the help section of the Website for the available delivery dates, time and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the regions listed in the help section of the Website.
SPLIT DELIVERY
Where possible, we try to deliver all products which you have ordered at the same time. However, please note that due to the fact that products are stored in different distribution centers, an order for multiple products may result in split shipments.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
SHIPPING RATES
FREE SHIPPING
If you make a purchase that exceeds the threshold for free shipping, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates (if applicable).
RETURNS & CANCELLATIONS
CANCELLING ORDER BEFORE DELIVERY
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" link at the top right of the Website.
If the status of your order is ‘Awaiting Payment’ or 'Order Confirmed’, you may cancel your order by contacting our consumer service agents (see help section of the Website). Our consumer service agents will request a cancellation of your order at our distribution center. If successful, they will send you an email and the cancellation will be free of charge. In the event that the product has been shipped, the order cannot be canceled and the product(s) will be delivered to you. You are however entitled to return your order in accordance with the return procedures and conditions below.
RETURNING ORDERS AFTER DELIVERY –PRODUCT- RELATED CLARIFICATION
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.
If the products you received do not fit you, we may provide you our order return service. You may return your purchases within 7 days after receipt of the products (as determined by the date of signature)you’re your return meets our return and exchange conditions displayed on the Website (see Exceptions below).
Orders shipping to addresses in Macau are not eligible for partial returns or exchanges, all items must be returned.
EXCEPTIONS
- Early Access and Special Edition products may have their own return period. Be sure to refer to the individual terms and conditions when purchasing these products.
- Products in the Draw launch: If you select to check out on the Website, you may return your purchases in the Draw Launch within 7 days after receipt (as determined by the date of signature) of the products. The return shall be subject to NIKE return and exchange conditions and procedures. If you elect to pick up your purchases at retail stores, your confirmation of purchase will be deemed as your acknowledgement that the products are free of appearance defects. Except for quality defect reasons, the winning purchasers in the Draw launch are not entitled to exchange or refunds once the purchase is completed.
- Personal hygiene and health related product (such as briefs) is not supported for return or exchange, other than issues related to product quality. Please refer to the product page for detail information. NIKE reserves all rights at its sole discretion. NIKE gift cards are not eligible for returns. Refer to our NIKE gift card terms and conditions for additional information.
- Purchases in certain specific offers / promotions: You must return all products under the Order together if you apply for a return. Partial return & refund will not be accepted. Please refer to the terms and conditions applicable to these offers/events.
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NIKE reserves the right to retain returned products without refund as evidence if in its reasonable judgment, NIKE determines that the returned products are not the NIKE original products. NIKE reserves all of its legal rights in such matter.
REFUND INFORMATION
Refunds will be issued through the original payment method. You may need to provide us necessary information so that we can refund the money to you. For practical information on how to return and for refund timelines, see the help section of the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will make reasonable efforts to contact you as soon as possible to notify you; b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.