These general conditions are applicable to
(i) the purchase of ACE branded products on European ACE website – www.ace-esport.com – and
(ii) the use of any information, documents, graphics, movies, features, music and/or other services on the Websites.
2.ORDERING ON OUR WEBSITE
2.1 Eligibility to order/purchase
In order to place an order on our Websites, you must:
1. be 18 years of age or older
2. be a consumer – not a reseller
2.2 How to order
You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your shopping cart and checking out from our stores.
Placing an order on the Websites is easy.
1. Find the products you want (and customize if applicable).
2. Add the products to your shopping cart.
3. Proceed to checkout.
4. Select delivery and billing options.
5. Review your order.
6. Submit your order.
You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order” button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchase
agreement after the automated order confirmation.
2.3 Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
* the product is not available / in stock (any payments will be refunded);
* your billing information is not correct or not verifiable;
* your order is flagged up by our security systems as an unusual order or an order
susceptible to fraud;
* your bank transfer payment is not received within 12 calendar days after acceptance
of your order;
* we have reason to believe you are under 18;
* we have reason to believe that you are a reseller;
* there was an error in the price quote;
* we could not deliver to the address provided by you.
2.4 Data check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include, without limitation, validating your name, address and other personal information supplied by you during the ordering process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity. No credit check is performed and your credit rating will not be affected. All information provided by you will be processed in accordance with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
3.1 Payment methods
You can find the available payment methods in the help section of the relevant Website. We do not accept any other method of payment than mentioned in the help section, as our system is not designed to process other payment methods. 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.
3.2 Payment processing
Payments can only be processed if the billing information can be verified.
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order for standard (non-customized) products leaves our warehouse. If your order concerns customized products, we deduct the amount right before we start the manufacturing thereof. Note that if you pay by bank transfer, we will start delivery (or manufacturing in the case of customized products) after we receive your payment. This may take several days. In the event no payment has been received within 12 calendar days after you submitted your order, your purchase will be cancelled
3.3 Retention of title
We retain title in the products until we have received full payment for all such products.
3.4 Prices and currency
The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
Prices are quoted in Euro. If your local currency is different from the currency the prices are quoted in, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Please note that changing the country of delivery may have an influence on the price due to change in currency or to country specific pricing.
3.5 Your total price
The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference. If you are paying by credit/debit card, the total amount for your entire order will be reflected on your statement in your local currency.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.
3.6 Price changes
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. Subject to clause 3.7 below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
3.7 Pricing errors
Please note that even though the Website is composed with care, it is possible that the pricing information on our Website contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
3.8 ART Pricing
The prices of our design are fixed to 100€ per jersey / jacket, 25€ for a team banner, mousepad, tshirt, pant and cap, 150€ for a logo. All our design are free for our partner teams, except for the logo. If a partnership is broken by ACE or by a partner team, ACE reserve the right to require the design payment if no order was made by the team for this design. When an order result to a design work made by ACE, ACE can't require the design payment.
ACE has implemented secure socket layer (SSL) technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed. ACE shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
5.1 Customization conditions
For most customized items, you can submit a combination of letters, spaces and numbers to form an ID – a personalized message that appears on your creation. While we honor most ID’s, we cannot honor all of them. Some may contain trade marks of third parties, or the names of certain professional sports teams, athletes or celebrities that you (or ACE) do/does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our items. Unfortunately, at times this means that we may decline ID’s that may otherwise seem unobjectionable. If your personal tag 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. ACE reserves the right to cancel any ID’s after they have been submitted to ACE.
5.2 Consumer acknowledgements relating to customization
Both your design of the item (the color combination etc) and the personalization 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 someone else.
Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design and personalization.
You agree that you will have no (intellectual property) rights in the design or in your personalization. To the extent any intellectual property rights would be applicable to your design or personalization these rights shall vest in ACE. By submitting the customized item to ACE, you transfer all intellectual property rights you may have in the customized product to ACE. To the extent such transfer is not valid, you grant to ACE, by submitting the customized item to us, an exclusive, fully paid, perpetual, royalty free license to use your design and personalization in the widest sense of the word, including but not limited to copy, edit, modify, publicly display, digitize, reproduce and distribute, and to sublicense (parts of) this right as we see fit.
You agree and understand that you shall have no claim against ACE or any other party in the event a design or personalization similar to yours is used or designed. Your design and your personalization qualify as what ACE calls “User Generated Content”. Article 14 of these general conditions about “User Generated Content” is applicable to your design and your personalization, safe where this article 5 contradicts with article 14: in such event this article 5 shall supersede.
6.CONDITIONS APPLICABLE TO PROMOTIONS (DISCOUNT & COUPONS)
When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of an individual products or to an order of more than one product during the period indicated with the relevant promotion
Promotion codes are personal and non-transferable and can be used only in direct connection with online purchasing on the Website. You cannot sell, barter or give away a promotion code. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter. You cannot use promotion codes for commercial purposes.
The promotion code is connected with the ACE brand. You cannot use the promotion code in connection with any other brand, company or name or use the promotion code in any unlawful, improper or disrespectful manner or in any other way that may harm Ace's reputation.
Only one promotion code can be used per product and per order. Promotion codes cannot be combined with any other special offer or promotion.
Promotion codes are not exchangeable for money.
ACE does not have any obligation to re-issue or refund promotion codes. However, should ACE decide to re-issue or refund a promotion code, it needs your promotion code to do so. So please retain a copy of your promotion code, otherwise it will not be reissued or replaced in the event of loss.
Without prejudice to any other rights ACE may have, ACE is entitled to immediately invalidate a promotion code in the event ACE has reason to suspect that a promotion code is used in violation of the above or otherwise misused or in the event ACE has other reasons to do so.
The offers on the Website are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
ACE shall only be liable for damages suffered by you in the event such damages result from attributable breach by ACE of its contractual obligations towards you, or in the event ACE's liability follows from applicable statutory law.
In the event you have suffered damages in relation to our activities on the website, our liability will be limited to
a. damage to the ACE products or to other materials;
b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
c. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
We are not liable for damages as a result of incorrect information on the Website.
In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
8.USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, ID’s (including product customizations in the context of custom InGame clothes) or other information (hereafter “User Generated Content”), on the Website(s), or if you send such User Generated Content through the Website(s) to ACE, this will become the exclusive property of ACE. The User generated Content will be deemed to be nonconfidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. The User Generated Content or any other information you send to the Website should not be, or contain, material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential. ACE does not, and you agree that ACE has no obligation to, review the User Generated Content, that ACE is not in any manner responsible for User Generated Content, that ACE does not guarantee the accuracy, integrity or quality of User Generated Content, and that ACE cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, ACE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of ACE or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that ACE has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, ACE reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify ACE in writing of any objectionable content appearing on the Website. ACE will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that ACE is not responsible for any User Generated Content that purports to give medical advice or advice regarding training, exercise, or game strategy. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a physical training program.
8.1 Use of information Submitted
To the extent any intellectual property rights exist in the User Generated Content, these rights shall vest in ACE. To the extent you own the intellectual property rights in the User generated Content, these shall be transferred by you to ACE the moment you post the User Generated Content on the Website, or send it to ACE. To the extent the foregoing is not valid, or not sufficient to guarantee the free use by ACE of the User Generated Content, you agree and guarantee that ACE is free to use any (parts of) the User Generated Content posted or sent by you, or created by you while accessing the Website (or contained in any communication you may send to ACE or submit to the Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services. You acknowledge and agree that you shall have no claim against ACE or any other party should any User Generated Content created, posted or sent by you be used in the above sense by ACE or such other party.
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website or with any purchases on the Website shall be governed by French law.
10.INFO ON THE WEBSITE
Even though ACE has composed the Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. ACE shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of ACE.
The Website provides links to external Internet sites. ACE shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it.
12.TRADEMARKS AND COPYRIGHT
All brand names, product names and titles used on the website are trademarks or trade names of ACE or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trade marks or trade names as this may constitute an infringement of the holders’ rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of ACE or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain ACE's prior written consent. ACE Esport is a brand of DROM SPORT, all rights reserved.