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Terms And Conditions

FANATICS – INTERNATIONAL TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS OF USE

1. What do these Terms and Conditions apply to?

  • These Terms and Conditions will apply to all EU or international orders and govern your contract with us for (i) the sale of Products; and (ii) international delivery services. They also tell you the rules for using our website, https://www.nbastore.eu/ (our site).
  • Please note that certain provisions of these Terms and Conditions will apply differently depending on whether you live within England, the EU or outside the EU. Provisions that may vary include the provisions in clauses 4 (dHow is a contract formed between us), 9 (What is the charge for delivery?), 10 (How to pay & VAT) and 11 (Import Duty and Tax Payments and Customs). In each of these provisions we have stated which terms will apply to you according to your country of residence. In addition, please refer to the definitions of ‘EU’ and ‘Non-EU Countries’ in clause 2 below.
  • Your contract for the purchase and delivery of our Products will be with Fanatics (International) Limited (“Fanatics”). Our registered address is at Greengate, Middleton, Manchester, M24 1FD, United Kingdom. You can contact our customer services team regarding any queries relating to these Terms and Conditions and Orders you place using the following contact details:

Customer services team contact details:

Telephone: +44 (0) 330 333 0251

Email: customer.services@nbastore.eu

Our Customer Services team provides support between

8am to 8pm Monday to Friday and 9am to 4pm on weekends.

1.4 We reserve the right to cancel any Order that is made by a minor, under the age of 18, where the consent of that minor’s legal guardian is not received.

In using purchasing our Products you confirm that you are a consumer. A consumer is someone who is:

(i) an individual; and

(ii) acting wholly or mainly outside of their trade, business, craft or profession.

2. What terms do we use in these Terms and Conditions?

“Contract” means the contract formed between you and Fanatic each time you purchase Products from us via our Website (see section 4 below regarding how a Contract is formed between us).

“EU” means any country or territory in the fiscal (VAT) area of the European Community and at all times England and excluding Non-EU countries.

“Non-EU Countries” means any other country or territory not within the fiscal (VAT) area of the European Community.

“Order” has the meaning given to it under clause 4.1 (When is your order placed) below;

“Personal Information” means the details provided by you on registration

“Product” means a product displayed for sale on the Website

“Product Description” means that part of the Website where certain Terms and Conditions in respect of the individual Product are provided.

“User” means any user of the Fanatics Website.

“We/us/our” – means Fanatics.

“Website” – means the website located at https:// www.nbastore.eu , including any sub-domains or any subsequent URL which may replace it.

“You” – means a user of this Website.

3. Where do I find Product information?

3.1 Each Product purchased is sold subject to its description on its product page. This may set out additional terms related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and any applicable guarantees that may apply to the product.

3.2 Please note that Product descriptions may vary depending on what country you are in and where you choose to deliver the Products. We cannot guarantee that all Products will be available for international delivery to every country.

4. How is a Contract formed between us?

4.1 The steps required to create the contract between you and us are as follows:

4.1.1 When is your order placed?

You place the order for your Products on the Website by following the prompts and clicking the “Buy Now” button at the end of the checkout process. Once you have clicked this button it constitutes an “Order”.

4.1.2 How much is the cost of delivery?

The delivery charge will be shown in the order process before you complete your Order and you confirm your consent to this charge when you submit your Order.

4.1.3 How can I review my Order?

You will be given an opportunity to review your Order and make any amendments required prior to placing an Order.

4.1.4 How will we confirm your Order?

We will send you an Order confirmation email detailing and acknowledging the Products you have ordered. This is not our acceptance of your Order.

4.1.5 What Products will you deliver?

Your contract with us to deliver Products only relates to those Products confirmed in the “order confirmation” email sent by us to you. We will not be obliged to deliver any other Products, which may have been part of your Order, unless and until those Products are confirmed in an order confirmation email.

4.1.6 How will I know when my Products have been despatched?

We will notify you by email when your Product is despatched to you.

If you have ordered multiple Products please note that we may deliver these separately.

4.1.7 When is my Order accepted by Fanatics?

Order acceptance and completion of our Contract will take place when you receive an order confirmation e-mail confirming that we accept your Order

4.1.8 When is payment for the Products taken?

This depends on the payment method selected at checkout. If you are paying using Klarna, following placing your Order, Klarna will contact you to arrange payment. If you are paying using another method of payment, your credit/debit card will be charged when your Order is confirmed.

4.2 We are not required to accept your Order and we may reject or cancel your Order for one of the following reasons:

  • The product you ordered being unavailable from stock;
  • If we are unable to obtain authorisation for your payment;
  • The identification of a pricing or Product description error; or
  • You not complying with these Terms and Conditions (for example, if you are under the age of 18 and we have not received consent to the Order from your legal guardian).

5. Your statutory right to cancel

5.1 You have the following cancellation rights when you buy online:

5.1.1 You are entitled to cancel your Contract (your whole Order) if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Products in question.

5.1.2 You have an additional right to return individual products or your whole Order up to 30 days after the day on which you received such Order.

5.1.3 Your right to return Products does not apply to DVDs, videos, PC & video games which have been opened, pierced jewellery, goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned (for example, underwear/swimwear which has been worn) or are liable to deteriorate or expire rapidly).

5.1.4 To exercise the right to cancel, you must inform us of your decision to cancel your Contract by a clear statement, including details of your name, geographical address, details of the Order you wish to cancel and, where available, your phone number and email address.

5.1.5 You can cancel by contacting our customer services team on the contact details above or by using our returns portal. You also may, but are not obliged to, use the model cancellation form in Annex 1.

5.1.6 If you decide to cancel, you should return the Products to us at your cost within 30 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the cost of the Products being returned. If you cancel your whole Order in accordance with clause 5.1.1 only, this includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). If you do not cancel your whole Order, but only certain Products within your Order, we will only reimburse you for the cost of those Products returned and we will not refund the cost of delivery. Please note, if you have selected Klarna as your payment method and have not arranged for payment, you will not be reimbursed.

5.1.7 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

5.1.8 We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

5.2 You may also cancel your contract if the Products are damaged faulty or not as described, in which case we will refund the cost of returning the goods. Please see clause 7 for further information.

6. How do I change, cancel or return an Order?

6.1 Other than in the circumstances set out in clause 5, it’s not possible to make changes to your Order once you’ve placed it. If you’d like to add Products to your Order, please place a new order for these Products.

6.2 If you need to change details of your delivery address, remove Products from your Order or cancel it completely, please contact our customer services team on the contact details above.

6.3 If the Products you ordered have already been collected from our warehouse for delivery to you, then you will need to use our returns portal in the event of any unwanted Products. You may also, but are not obliged to, use the model cancellation form in Annex 1.

6.4 Except as provided in clause 5.1.6, unless Products are faulty, damaged or not as described upon delivery you are expected to bear the cost of any return and your original delivery charge will not be refunded.

7. What if the Products are damaged or faulty?

7.1 If your Order arrives and the Products are damaged, faulty or not as described, you may cancel the Order and we will reimburse you the cost of the Products, the delivery charge for your Order and reasonable costs of you returning the Products. We will reimburse you with these costs through the payment method you used to place the Order within 14 days of our receipt of the returned Products. For more information on how to return Products, please click here.

7.2 These Terms and Conditions, including this clause 7, are in addition to any statutory rights and remedies you may have under English law and your country of residence.

8. When will the Products be delivered?

8.1 Delivery lead times to international addresses will vary according to destination. Orders with products shipped from the United States will have greater delivery lead times. We will use reasonable endeavours to provide you with a delivery estimate on the product description page. In all cases, we will use reasonable endeavours to ensure that all Products will be delivered within 30 days from the conclusion of the contract with us. In the event that your Order has been despatched by us (as confirmed in the despatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our customer services team on the contact details above. Please contact Customer Services if you have any queries about international delivery services.

8.2 Depending on stock availability, we may split delivery of your Order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your Order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. Delivery may also be delayed due to customs-related processes (such as inspection). We will use reasonable endeavours to inform you promptly of any such delay and will refund all delivery expenses where Products are not delivered within 30 days, within 14 days of this notification.

8.3 If delays outside of our control occur, we will make every effort to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the Products but you will remain entitled to all statutory rights provided to you by the applicable laws.

9. What is the charge for delivery?

9.1 Our Website will confirm our charge to deliver your products before you place your Order.

9.2 If you decline the charge for this delivery service, you will not be able to place an Order.

9.3 Applicable tax applying to delivery charges will depend on your country of residence and will apply in accordance with clause 10 (How to pay & VAT).

10. How to pay & VAT

10.1 Payment is to be made in the currency selected by You on site prior to checkout. International credit card providers or banks will determine the exchange rate; if payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be liable to pay.

10.2 Our delivery charge will be itemised as ‘delivery’ on the delivery and order confirmation pages of the Website and in emails from us, after the subtotal for the value of the goods purchased.

10.3 Applicable tax will depend on your country of residence as follows:

EU

Where you have requested delivery to an EU address, the price paid for the Product and applicable delivery charges will include VAT or the equivalent tax in the country to which the product is to be delivered, as applicable. Please see further details below.

Non-EU Country

Where you have requested delivery to a Non-EU Country address, the Products and the delivery service will normally be zero-rated and not subject to VAT, but the price paid by you for the Products and/or the delivery service will remain the same as shown on the Website. Please also see Section 11 below regarding taxes and duties in the destination country.

10.4 If you purchase goods from within the EU, but you request that the goods are delivered to a Non-EU Country, please note that the EU tax provisions above will still apply to your Order.

10.5 If you live within the EU, what rate of VAT is charged to your Order?

  • Under the EU VAT Distance Selling regime, VAT must be charged for deliveries within the EU. The UK rate of VAT will normally be due, but once our sales into an EU country have exceeded the threshold for VAT registration, we are obliged to register for VAT in that country and account for VAT at the rate of tax in force in that country.
  • The country of taxation will be indicated in the order confirmation email you receive for your Order. The applicable VAT numbers for Fanatics are:

United Kingdom – GB 234 1527 33

Austria – 683606966

Belgium – BE0810940388

Cyprus – CY99200016Q

Czech Republic – CZ682349032

Germany – 2524686692

Denmark – DK12621426

Spain – N8261826E

Finland – FI22594129

France – FR89520025206

Greece – EL997159923

Hungary – HU26969673

Italy – IT00132289992

Malta – MT19234317

The Netherlands – NL820523793B01

Poland – 5263025595

Portugal – PT980411106

Romania – RO25232537

Sweden – SE502067967501

Slovenia – SI93216491

Slovakia – SK4020246164

10.6 Customers buying products for delivery to an address in the United Kingdom will be charged VAT. If you are having goods delivered direct to a shipping agent in the United Kingdom but for immediate export outside of the EU it may be possible to refund the VAT, however you must contact our customer services team before placing an Order. If you make an Order without notifying us in advance, the VAT on your purchase will not be refunded.

10.7 In cooperation with Klarna Bank AB (pibl In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

10.7.1 Pay in 30 days: The payment period is 30 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom. The payment method Pay in 30 days is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

10.8 General information about Klarna and the user terms per country can be found on com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

11. Import Duty and Tax Payments and Customs – delivery outside of the EU only

11.1 This clause 11 only applies to customers having Products delivered to Non-EU Countries.

11.2 Products delivered to destinations outside the EU may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your Order is responsible for all customs formalities for the import of the Products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the EU. The recipient of the goods, not the person placing the Order, will typically receive a separate request for payment of these charges. If you’re ordering Products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.

11.3 Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in any Non-EU Country before ordering Products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or consignment which you may need in order to arrange customs clearance.

11.4 You (or the recipient of the Products if different) will be the importer for all international deliveries of the Products. Therefore, before placing an Order, it’s your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order.

11.5 You agree that we will act on your behalf as exporter of the Products and will complete export declarations in our own name on your behalf.

11.6 Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We or our subcontractors, will request payment for these charges from the recipient of the Products in a separate invoice. We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the Order will be cancelled and the Products returned to our warehouse.

12. How we may use your personal information?

We will only use your personal information as set out in our privacy policy.

13. Our responsibility for loss and damage suffered by you

13.1 We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products.

14. Our rights to vary these Terms and Conditions

14.1 We reserve the right to change these Terms and Conditions from time to time but any changes will not apply to any orders that we have accepted prior to the change being made.

14.2 These Terms and Conditions govern our relationship with you. Any changes to the Terms and Conditions governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.

15. Alternative Dispute Resolution

15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

15.2 If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.

16. If a court finds part of this contract unenforceable, the rest will continue in force

If any part of these Terms and Conditions shall be found by a Court to be unlawful, void or unenforceable for any reason, then that provision shall be capable of being severed and separated from these Terms and Conditions and shall not affect the validity and enforceability of any of the other provisions of these Terms and Conditions which shall all remain in force.

17. Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18. Which laws apply to this contract and where you may bring legal proceedings?

18.1 These Terms and Conditions shall be subject to English law. All claims or disputes arising in relation to or in connection with any contract (any Order for Products) under these Terms and Conditions shall be governed by English law. You may bring a claim to enforce your consumer rights in connection with these Terms and Conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of England and Wales if you prefer.

18.2 If you wish to bring a claim before a court in your resident country, please use the following service address: Greengate, Middleton, Manchester, M24 1FD, United Kingdom.

19. Who we are and how to contact us

https:// www.nbastore.eu is a site operated by Fanatics (International) Limited ("We"). We are registered in England and Wales with the company number 05933624. We have our registered office at Greengate, Middleton, Manchester, M24 1FD, United Kingdom.

To contact us, please email customer.services@nbastore.eu or telephone our customer service line on +44 (0) 330 333 0251

20. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

21. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

21.1 Our Privacy Policy

21.2 Our Cookie Policy, which sets out information about the cookies on our site.

22. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 7 May 2019.

23. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

24. Other criteria for use of our site

24.1 To register on our site, you must be at least the minimum age to provide your own consent in your country of residence.

24.2 We reserve the right to withdraw your access to our site if we reasonably believe you are below the minimum age to provide your own consent in your country of residence.

25. We may suspend or withdraw our site

25.1 Our site is made available free of charge.

25.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

25.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

25.4 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

26. You must keep your account details safe

26.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

26.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

26.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at services@nbastore.eu OR +44 (0) 330 333 0251.

27. How you may use material on our site

27.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

27.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

27.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

27.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

27.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

27.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

28. Do not rely on information on this site

28.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

28.3 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

29. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

30. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on services nbastore.eu.

31. Our responsibility for loss or damage suffered by you

31.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

31.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out above in our Terms and conditions of sale.

31.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

32. We are not responsible for viruses and you must not introduce them

32.1 We do not guarantee that our site will be secure or free from bugs or viruses.

32.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

32.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

33. Rules about linking to our site

33.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

33.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

33.3 You must not establish a link to our site in any website that is not owned by you.

33.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

33.5 We reserve the right to withdraw linking permission without notice.

33.6 If you wish to link to or make any use of content on our site other than that set out above, please contact legal@fanatics.co.uk.

34. Our trade-marks are registered

"FANATICS" is an English registered trade-mark of Fanatics Inc. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under clause 27 above (How you may use material on our site).

ANNEX 1

Model Cancellation Form

Click here to view or print the Model Cancellation Form.

(Complete and return this form only if you wish to withdraw from the contract)

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