ArsenalStoreUSA.com is operated by Sports Endeavors on behalf of The Arsenal Football Club Plc (“Arsenal”). Sports Endeavors is a company incorporated in North America with company number 1-800-277-7255 and with registered office 365 Inc, 3027 6th Ave South, Birmingham, AL 35233.
For these terms and conditions, Arsenal and Sports Endeavors Inc. will be collectively referred to as 'SEI'. The Official Arsenal Online Store for North America provides its Goods and Services to you subject to the following conditions.
By shopping at The Official Arsenal Online Store, you accept and agree to be unconditionally bound by these Terms and Conditions. SEI reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you visit the Web Site.
2. Conditions of use
2.1 Use of the Services and Web Site
The Official Arsenal Online Store Website (the "Web Site") and the goods and services on it are offered to you for your personal and non-commercial use only. Any other use, including the commercial, reproduction, modification, distribution, transmission, republication, display, or performance of content on the Web Site is strictly prohibited. You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and goods (the "Goods") or services (the "Services") obtained via the Web Site. The Goods and Services are together referred in the Terms and Conditions to as the "Supplies."
2.2 Restrictions on Use
As a condition of your use of this Web Site and the Supplies you agree that you will not:
(a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (except to the extent expressly permitted by applicable law);
(b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site;
(c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies;
(d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.
2.3 Unlawful or Improper Use
You must not use the Web Site or the Supplies for any unlawful purposes or violate the security of the Web Site. In particular, you must not:
(a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libelous, or are alleged to be, or are in the opinion of SEI, otherwise unlawful;
(b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
(c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally;
(d) harass, stalk, threaten or otherwise infringe the rights of others;
(e) hack into any web site, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site or SEI;
(f) advertise or offer to sell goods or services;
(g) access data not intended for such user or logging onto a server or an account which the user is not authorized to access;
(h) attempt to probe, scan or test the vulnerability of a system or network or breach security or authentications measures without proper authorization;
(i) attempt to interfere with service to any user, host or network, including, without limitation, via a means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
(j) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting. SEI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
2.4 Monitoring and disclosure
SEI accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. SEI reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions.
3. Usernames and passwords
Following any registration by you, SEI will deliver your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery). You must keep your user name and password confidential at all times. Any breach of these Terms and Conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms and Conditions. You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify SEI immediately if your password becomes known to any unauthorised user. You must notify SEI of any changes to your registration details.
4. Intellectual property rights
All content and materials on the Web Site, including text, graphics, illustrations, designs, icons, photographs, programs, video clips, audio clips, digital downloads, data compilation, and software, is the property of SEI, its content suppliers or licensors and is protected by U.S. and international copyright laws. The Arsenal and SEI names and logos and related product and service names, design marks and slogans are the trademarks or service marks of the Arsenal and SEI. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Web Site.
5. Operation of the services and web site
SEI may at its sole discretion from time to time without notice change the format and content of the Web Site and/or the Services and suspend the operation of the Web Site and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services. You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site. You will comply with all directions and instructions given by SEI in relation to the use of and access to the Web Site and the Services. SEI does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.
6.Disclaimer, limitations of liability and indemnification
THIS SITE IS PROVIDED BY SEI ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SEI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEB SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE TERMS AND CONDITIONS. CERTAIN U.S. STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SEI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SEI HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEB SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You agree to indemnify and keep indemnified SEI against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these Terms and Conditions. SEI does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.
You are solely responsible for your use of the Web Site, Supplies, any username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
SEI does not warrant that the Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of the Web Site or the Services or for any viruses transmitted through the Web Site or the Services.
Any links from the Web Site to third party web sites do not constitute an endorsement by SEI of any products or services available on such web sites and SEI does not necessarily support or approve of them. You use such links entirely at your own risk and SEI accepts no responsibility for the content or use of such web sites or information contained in them.
7. Buying goods and services on the web site
7.1 Contracting party
You may be able to purchase Supplies via the Web Site either direct from SEI or from third parties. You must ensure that, if you do intend to make any purchases, you know the identity of the company with which you will be contracting. Any contract you conclude with third parties will be on their Terms and Conditions and SEI will accept no liability whatsoever in respect of such contracts. Third party Terms and Conditions should be available in the checkout or other appropriate section of the relevant SEI or third party web site. The following paragraphs of this clause 7 contain Terms and Conditions relating solely to any sale or provision of Supplies direct to you by SEI, not by any third party.
The prices of all Goods are clearly marked in their description and are in US Dollars. All delivery charges are also displayed on the Web Site. Some customers may be asked to pay local duties on goods being shipped outside the United States.
7.3 Conclusion of Contract of Sale
Any Supplies and prices of Supplies displayed on the Web Site constitute an invitation to enter into a contract for said Supplies. Once you go the checkout section of the Web Site and click to purchase any Supplies, this constitutes an offer made by you to SEI. Acceptance of your offer only occurs once you receive notification from SEI of acceptance of your order.
7.4 Period of Offer
Prices of any Supplies may be changed by SEI at any time before the conclusion of an agreement to sell (i.e., once you receive notification from SEI of acceptance of your order).
Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security.
Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within 30 days of the placement of the order. If delivery is delayed beyond 30 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable. Most orders will ship in five to ten days if shipped to a US address. Product descriptions usually include an estimate of the delivery delay.
Should the Goods you order not be available, substitute goods may be provided by SEI, subject to your approval. If you should decide that any substitution of Goods is unacceptable, SEI will pay for the cost of returning the Goods and will also provide you with a full refund.
You may cancel your order at any time before delivery, without affecting the continuance of this agreement between SEI and you in relation to use of the Web Site. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or emailed to firstname.lastname@example.org. Once the Goods have been delivered, you may still return them to SEI within 30 working days of delivery for a full refund, provided the Goods are in good condition. Where Services have been ordered, you may cancel the order within 30 working days of the day on which the order was placed.
SEI reserves the right to terminate this agreement and your access to the Web Site and the Services at any time and without notice, for any reason whatsoever. SEI also reserves the right to bar anyone from using the Web Site and the Services. On termination, you will immediately stop using any username and password and the Services and will return any such username and password to SEI within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from the Web Site and the Services.
You may contact SEI about any problems, questions or comments regarding the Web Site at email@example.com
10. User comments, feedback, postcards and other submissions
SEI welcomes your comments as to the Web Site. All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to SEI on or by the Web Site or otherwise disclosed, submitted or offered in connection with the use of the Web Site (collectively, the "Comments") shall be and remain the property of SEI. Such disclosure, submission or offer of any Comments shall constitute an assignment to SEI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SEI will own exclusively such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SEI is and shall be under no obligation (1) to maintain the Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user comments. You are and shall remain solely responsible for the content of any Comments you make.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of North Carolina, Alabama, and California and you consent to the exclusive jurisdiction of the North Carolina, Alabama, and California courts in all disputes arising out of or relating to the use of the Web Site or the provision of Supplies by SEI. The Web Site is operated and controlled by SEI from its offices in North Carolina, Alabama, and California. SEI makes no representation that information or material contained at the Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.
You agree that SEI may subcontract the performance of any of its obligations or may assign these Terms and Conditions or any of its rights or obligations under them without notice. SEI may delay enforcing its rights under these Terms and Conditions without waiving them. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. SEI may amend, vary or supplement these Terms and Conditions at any time. SEI will post a notice of any such amendments on the Web Site and such amended Terms and Conditions will automatically be effective. These Terms and Conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.