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Terms and Conditions of Use

Please review the following terms and conditions of use (the "Terms"), which govern your use of www.fila.com (the "Site"), which is operated by Fila Online, Inc. ("Fila"). Your use of the Site constitutes your agreement to follow and be bound by the Terms. Fila reserves the right to update or modify the Terms at any time without prior notice. When we make changes, we will post them here. For this reason, we encourage you to review the Terms whenever you use the Site. If you do not agree to these terms, please do not use the Site.

 

 

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Prohibited Uses

The Site may be used for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the tranmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Fila specifically prohibits any use 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

-Engaging in conduct that would constitute a criminal offense, give rise to civil liabitity or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol

-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

-Attempting to interfere in any way with the Site or Fila's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system

-Harvesting or collecting email address 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

-Engaging in any harassing, intimidating, predatory or stalking conduct

Privacy Policy

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). The Terms incorporates by reference the terms and conditions of the Privacy Policy.

 

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Terms of Sale

All sales from fila.com are sold by Fila Online, Inc. The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Fila, 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 specificially 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 responsiblity for all activities that occur under your account.

 

b. Payment Terms

The Site currently accepts 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 ground 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 Shipping Point. Title to 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

If the products you purchase from fila.com don't meet your expectations, you may return them up to thirty (30) days later for credit, minus a flat restocking fee of $8.00. You have two choices on how to return items:

 

(1) Return via you own carrier at your own expense. Here's how you do it:

(a) Using the packing list and the return codes that came with your items, write the Return Code next to the Item(s) you wish to r return.

(b) Box up the items you wish to return and enclose the packing list. Please write your shipment number on the front of the box. Be sure to remove all existing labels; thoroughly cross out all bar codes on the outside of the box and return it via the vendor of your choice to the following address:

Fila Online, Inc.

7630 Gambrills Cove Road

Baltimore, MD 21226

 

(2) Return via Fila's prepaid Fed Ex Service.

(a) Go to www.fila.com. In the upper right hand corner of the page is the 'my fila' section; double click on 'my fila' page.'

(b) Enter the billing zip code used for your order and order number. The order number can be found in the upper right hand corner under 'Order Date.'

(c) A screen will appear with your items from this order. Please double click on the 'Return Items' box.

(d) A 'Returns' screen will appear. Please double click the 'Print Label' button and label will appear on your screen.

(e) Hit 'Print'. A label will print that you need to affix to your box.

(f) Using the packing list and the return codes that came with your items, write the Return Code next to the item(s) you wish to return.

(g) Box up the return item(s), write the shipment number on the front of the box, enclose the packing list and go to any Fed Ex/Kinkos drop location with your box. For a list of locations near you, please go to www.fedex.com.

 

 Unfortunately, we cannot accept worn or abused products and the tags and labels must be attached. If you want to return Fila products purchased from Fila authorized retailers, please contact the retailer directly for their return policy.

 

Simple Exchanges

All you need to do is return the product you don't want using the returns process outlined above, and then purchase the replacement product anytime at fila.com. When we receive and process your return, we'll credit you back for the original purchase.

 

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

Occassionally 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 our 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.

 

Site Transactions

Fila reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quanitities purchased per person, per household or per order. These restrctions 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 judgement, appear to be places 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 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.

 

Copyright 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 copyrights, trademarks, trade dress and/or other intelluctual property in such materials(collectively, the "Contents"), are owned, controlled or licensed by Fila Online, Inc. and are protected by U.S. and intermational 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 download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. 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 from its offices in Sparks, Maryland.

 

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 from this Site. Fila is not responsible for any medical or health problems that may result from your engaging in any activities described in 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/to terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Copyright Complaints

Fila respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes infringement, please provide Fila's copyright agent the written information specified below:

 

-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 address, telephone number, and e-mail 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 claim's of copyright infringement on the Site can be reached as follows:

 

Fila Online, Inc.

Tower Point at The Highlands

930 Ridgebrook Road

Suite 200

Sparks, Maryland 21152

ATTN: Legal Department

 

Please note that this procedure is excusively for notifying Fila that your copyrighted material has been infringed.

 

Security Rules

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 date 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 vulnerabilty 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", "mailbombing" or "crashing" the Site

-Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Site.

User Submissions

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.

 

Disclaimer

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 or merchantability, fitness for a particular purpose or noninfringement 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, CONSEQENTIAL, 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 REPRESENATIVE 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.

 

SOME JURISDISCTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILTY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

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, Sale 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 Maryland, 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 Maryland 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.

 

Entire Agreement

These terms constitute the entire agreement between you and Fila and govern your use of the Site, and they supersede any prior agreements between you and Fila. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

Headers

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Waiver

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.

Severability

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.

Termination

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 to these terms.

Contact Information

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).