Terms and Conditions of Use
Last revised August 15, 2012
Table of Contents
Terms and Conditions of Use
Please carefully review the following terms and conditions of use (the “Terms”), which govern your access to and use of www.fila.com (the “Site”) on any computer, mobile phone, tablet, console or other device, which is operated by Fila Online, Inc. (“Fila”). Your use of the Site constitutes your agreement to follow and be bound by the Terms. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Fila for products, services or otherwise.
Fila specifically prohibits any misuse of the Site and requires all users to agree not to use the Site for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Changing or deleting any ownership notices from materials downloaded or printed from the Site;
- Engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Impersonating a third party or otherwise misrepresenting your affiliation with a third party or age;
- Soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws;
- Using the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
- Attempting to interfere in any way with the Site or Fila’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
- Attempting to circumvent any content filtering techniques we may employ;
- Attempting to access any service or area of the Site that you are not authorized to access;
- Harvesting or collecting email addresses or other contact information of other users from the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
- Using any robot, spider, crawler, scraper, interface, scripts, or other automated means to collect information or otherwise interact with the Site;
- Engaging in any harassing, intimidating, predatory or stalking conduct; and
- Using any metatags or any other "hidden text" utilizing "Fila" or any other name, trademark or product or service name of Fila or its subsidiaries without Fila’s prior written permission.
Terms of Sale
All sales from www.fila.com are sold by Fila Online, Inc. The following terms and conditions of sale ("Sales Terms") apply to your purchases of any products from Fila Online USA, except to the extent that you have entered into a separate written agreement with Fila that supersedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in Fila’s sole discretion. By placing an order for products through this Site, you agree to be bound by and accept the Sales Terms in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Fila, these Sales Terms may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Sales Terms.
a. Your Account
When you purchase from the Site, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
b. Payment Terms
The Site currently accepts PayPal and VISA, MasterCard, and American Express credit cards.
c. Shipping Terms and Policies
We endeavor to process all orders for in stock items within two (2) business days(s). Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Eastern Time. Standard shipping is typically via FedEx SmartPost and you should allow 7-10 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
Occasionally, orders with multiple items will ship separately. In the event this occurs, Fila will only charge the customer for the first package shipped; the remaining packages will be sent at the expense of Fila. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process and you can view our current shipping fee chart here. The shipping chart shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB (“Free Board”) Shipping Point. Ownership of products passes from Fila to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
d. Return Policy and Procedure
Please click here to review our Return Policy and Procedure.
e. Product and Pricing Information
We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, we cannot guarantee that your computer monitor's display of any color will be accurate. Certain products displayed on the Site may have limited quanitities and may not always be available. The prices displayed on the Site are quoted in U.S. Dollars, and are subject to change without notice.
f. Errors, Inaccuracies, and Omissions
Fila attempts to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. If a product offered on the Site is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), and your sole remedy in the event of such error is to cancel your order.
g. Who We Sell To
Fila only sells products to adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian. Fila reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Fila reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
Right to Change Site
We reserve the right, at any time and in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Site Contents and Limited License
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Fila Online, Inc., and are protected by U.S. and international copyright laws. Fila® and other Fila-owned trademarks or logos displayed on the Site are owned by Fila Luxembourg S.a.r.l. and are used under license.
The Site and the Contents are intended solely for personal, non-commercial use. You may only download or copy the Contents and other downloadable materials displayed on the Site for your personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote Fila’s products and services available in the United States. The Site is controlled and operated by Fila Online, Inc. from its offices in New York, NY.
The Content of this Site may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Fila is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Site.
The Content of this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program utilizing any product offered on this Site. Fila is not responsible for any medical or health problems that may result from your engaging in any activities described on the Site or from any information you obtain from the Site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Fila has adopted a policy of terminating, in appropriate circumstances and at Fila’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Fila may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Fila respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes infringement, we suggest that first you consult your legal advisor, and then please provide Fila’s copyright agent, at the address below, the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the Site;
- Your full name, address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Fila’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Fila Online, Inc.
340 Madison Avenue
New York, NY 10017
ATTN: Legal Department
Please note that this procedure is exclusively for notifying Fila that your copyrighted material has been infringed.
Violations of system or network security may result in civil or criminal liability. Fila will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
· Accessing data not intended for you or logging into a Fila server or account, which you are not authorized to access;
· Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
· Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mail bombing” or “crashing” the Site; or
· Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Site.
Any and all information, including but not limited to feedback, data, questions, comments, suggestions, or ideas that you submit on the Site shall not be deemed confidential. All such submissions shall be deemed the property of Fila, and your submission of information shall constitute an irrevocable assigment to Fila of all worldwide rights, titles and interests in and to such information. Fila will not be liable for any use or disclosure of such information. Fila will not have any obligation to keep such information confidential and will be free to reproduce use, disclose and distribute the information to others without limitation.
You agree that your submissions: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any thrid party, including, but not limited to, intellectual property and proprietary right; (c) shall not be fraudulent or involve counterfeit or stolen information or items; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or malware that could in any way affect the operation of the Site; and (f) shall not create any liability for Fila.
Links to Other Websites and Services
The Site may contain links to other websites that are not under the control of Fila. Fila has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site‘s users.
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Fila expressly disclaims any duty to update or revise the materials on the Site, although Fila may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Fila shall not be liable for any damages of any kind related to your use of the Site.
Limitation of Liability
IN NO EVENT SHALL FILA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF FILA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, FILA’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
FILA IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITE (WHETHER ONLINE OR OFFLINE), NOR IS FILA RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Fila, its directors, officers, employees, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary rights.
Choice of Law; Venue
These Terms, Sales Terms and your purchase of products from Fila through this Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Terms and/or Sale Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or Sale Terms.
These Terms constitute the entire agreement between you and Fila and govern your use of the Site. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Fila's right to require strict observance of each of the terms herein.
If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Fila may terminate these Terms and deny you access to the Site at any time, immediately and without notice if, in Fila’s sole discretion, you fail to comply with any provision of these Terms.
Questions or comments about the Site may be directed to Fila at the email address ecommUSA@fila.com or by calling us at 1-800-845-FILA (3452).
Vendor Code of Business Conduct
Fila Luxembourg S.a.r.l. and its affiliates (collectively, “FILA”) are dedicated to ensuring that FILA-branded products are manufactured under conditions that reflect a commitment to safety and human rights in the workplace. FILA supports internationally recognized norms for the safety and well being of all workers involved in the manufacture of FILA products. FILA believes that it is incumbent upon itself to ensure that all of its vendors and suppliers, and those of its licensees,share FILA’s commitment to abiding by applicable laws, protecting the rights of individuals, ensuring equal opportunity, and ensuring a safe work environment. In addition, FILA is dedicated to establishing a secure supply chain. To this end, FILA requires its licensees, vendors and suppliers, and the vendors and suppliers of its licensees, to assure compliance with security measures dictated by FILA.
FILA’s Code of Business Conduct, as stated below, sets forth the minimum standards that all vendors and suppliers must satisfy in order to do business with FILA or with any of its licensees.
- Compliance with Laws and Regulations
Vendors and suppliers must meet or exceed the standards set by applicable laws and regulations relating to worker rights and working conditions including, but not limited to, those concerning age, hours of work, minimum wage, overtime, timely payment of wages provisions for vacation and holidays, and required retirement benefits. If an industry standard is higher than the legal minimum, FILA expects its vendors and suppliers to apply the industry standard in lieu of the inferior law or regulation. Furthermore, all vendors and suppliers must comply with all applicable laws and regulations relating to the exportation and importation of merchandise including, but not limited to, country of origin, labeling, customs classifications, valuation, counterfeiting trademarks and shipment of merchandise.
- Forced Labor
Vendors and suppliers may not employ forced labor. Vendors and suppliers may not utilize imprisoned, indentured, bonded or any other form of compulsory labor including, but not limited to, labor that is imposed as a means of political coercion or as a punishment for political or religious views. If a vendor or supplier engages foreign contract workers, the vendor or supplier shall pay all agency fees and not make any worker remain beyond the period of his or her engagement against his or her will.
- Child Labor
Vendors and suppliers may not employ child labor. No person shall be employed at an age younger than the applicable legal minimum age, or age 14, whichever is greater. Each vendor and supplier will maintain accurate documentation that confirms each worker’s birth date.
- Safety and Health
Vendors and suppliers must treat all workers with respect and dignity and provide them with a safe and healthy working environment.All workplaces shall be free of hazardous conditions, have clearly marked exits for events of emergency, be sanitary, and provide adequate ventilation, temperature control, lighting and safety equipment.Vendors or suppliers that provide residential accommodations for workers must ensure that such accommodations are clean and safe.
- Equal Opportunity
Vendors and suppliers are prohibited from discriminatory employment practices in hiring, salary, benefits, advancement, discipline,termination or retirement. No employment decisions shall be made on the basis of race, color, nationality, gender, disability, sexual orientation, religion, social or ethnic origin, political beliefs or any other classification protected by law. Employees should be hired and promoted on the basis of ability not on the basis of personal characteristics or beliefs.
- Freedom of Association
Vendors and suppliers must ensure that each of their workers has the right to establish and join organizations of the worker’s choosing.Vendors and suppliers must respect and recognize the rights of all workers to lawfully organize and bargain collectively. Vendors and suppliers must not threaten, restrict or interfere with any worker’s non-violent exercise of such right.
- Disciplinary Practices
Vendors and suppliers must not inflict or threaten to inflict corporal punishment or any other forms of physical, sexual,psychological or verbal abuse or harassment on any of their workers.Each worker shall be treated with dignity and respect.
- Worker’s Insurance
FILA encourages its vendors and suppliers to provide appropriate health, workers’ compensation and life insurance for their employees.
Vendors and suppliers must comply with the more stringent of applicable local environmental laws and regulations and FILA’s environmental principles.
Vendors and suppliers must implement a cargo security plan that conforms to the requirements of the United States Customs-Trade Partnership Against Terrorism (C-TPAT) or to those of an equivalent worldwide customs-accredited program administered by a foreign customs authority.
- Documentation and Inspection
Vendors and suppliers must maintain on file such documentation, kept according to generally accepted business practice, as may be needed to evidence compliance with this Code of Business Conduct, and make these documents available for FILA’s review upon request. In addition, all vendors and suppliers shall permit FILA to engage in any form of inspection activity including, but not limited to, factory inspections and private interview of workers without prior notice.
FILA’s Code of Business Conduct applies to all vendors and suppliers of FILA and its licensees. Vendors and suppliers must ensure that all parties supplying them with materials and/or labor in the manufacture of FILA products also abide by the provisions of FILA’s Code of Business Conduct. In the event that FILA learns that any vendor or supplier has violated this Code of Business Conduct, FILA will either require that the business relationship be terminated or require the vendor or supplier to implement a corrective course of action. Failure to comply with FILA’s recommended corrective course of action will result in termination of the business relationship, including current production and pending orders.