Terms & Privacy

General Conditions of Use of the Platform & Privacy
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
 
General

Welcome to roisports.eu ("Store"). By using this website, the user ("user" or "you") agree to the following terms of use ("Terms and Conditions of Use"). If you do not agree to these Terms and Conditions of Use, you should exit the website. The Store site offers you the opportunity to purchase products online as well as to get useful informations about its activities and products. The Store is an official website of ROI Sports AG ("ROI Sports").
ROI Sports reserves the right to alter the contents of this website at any time without notice to you. Your continued use of this site and/or any purchase of products or services under this site implies that you accept to be bound by these Terms and Conditions of Use and any updated version of the same. We suggest that you open these Terms and Conditions of Use in another browser window and print them out for your records.
Your privacy is very important to us. Personal data which you supply to us when placing your order will be handled in accordance with the ROI Sports Privacy Policy for the purposes of processing your order. This Privacy Policy provides details about the type of information we may collect from you and how we may use this information and forms part of the Terms and Conditions of Use. Please read the current version of the ROI Sports Privacy Policy.
All content included on this site including but not limited to web site design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are the property of ROI Sports (Copyright © ROISports 2010) respectively or their content suppliers and are protected by Swiss and international copyright laws and associated intellectual property laws. All software used on this site is the property of ROI Sports and is protected by Swiss and international copyright and associated intellectual property laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Store for the purposes of placing an order with ROI Sports and using this website as a shopping resource only. Any other use of materials on this Web Site including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of ROI Sports is strictly prohibited.
ROI Sports will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.

Trademarks

ROI Sports and all ROI Sports page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of ROI Sports ("ROI Sports Trade Marks") and all other trademarks, product names and company names or logos cited herein are the property of ROI Sports or their respective owners ("Third Party Trade Marks"). You are not permitted to use the ROI Sports Trademarks or Third Party Trademarks without the prior written consent of ROI Sports or such third parties that may own the Trademarks. Particularly, please be aware that all names and logos are registered trademarks of ROI Sports. The supply and use of the ROI Sports Store site shall not grant you any license or rights to use any names, logos, trademarks or other intellectual property rights of ROI Sports or any third party.
For further information on Intellectual Property matters contact ROI Sports (see Help/Contact us).

Registration

If you are under 18, you must ask your parents or a guardian before you either send an e-mail to ROI Sports, or ask ROI Sports to e-mail or mail anything to you, send in any information to ROI Sports, enter any order, contest or game that requires information about you or offers a prize, register on this site, buy anything online. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian.
PLEASE NOTE that if you are under 18 years of age then you should discuss these Terms and Conditions of Use with your parents or guardian before you complete the registration process.
In order to place an order with ROI Sports you will need to complete the registration form at the ROI Sports Store Register Page.
In return for allowing you to use the ROI Sports Store website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation ROI Sports has is immediately null and void.
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which ROI Sports uses such material.
Password and Security
Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
In the event that you are asked to create a password when you register to use any of our services, you must keep this password confidential and must not disclose it to nor share it with anyone. PLEASE NOTE that you will be responsible for all activities that occur under your password and agree to indemnify us against all costs and expenses that we incur in connection with your account as a result of loss or unauthorized use of your password.
If you know or suspect that someone else knows your password you must notify us immediately. Our contact details can be found in the 'Help/Contact Us' page. We reserve the right to change your password if we believe that it is no longer secure.

Use of the ROI Sports Store Site

You agree that you will only use our ROI Sports Store Site in a way which is consistent with these Terms and Conditions of Use and which complies with applicable laws and regulations. In particular, you agree that you will not use our website to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our website. You acknowledge that our website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Purchasing Goods

Please read our Terms and Conditions of Sale to learn how you can purchase products from this site. This document also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
Availability
ROI Sports will use all reasonable endeavours to ensure that this website is fully operational at all times. However, we cannot guarantee that the website will be fault free. In particular access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of ROI Sports and if ROI Sports is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service due to the fault or failure of any such third party elements and/or services, such a situation will constitute a 'force majeure' and ROI Sports shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by ROI Sports of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of ROI Sports, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
ROI Sports reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions of Use.
You agree to indemnify, defend and hold ROI Sports and all of its associate companies, their directors, employees, information providers, licensors and licensees, officers and partners (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by ROI Sports in ROI Sports 's defence of any claim. ROI Sports reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of ROI Sports.
Amending these Terms and Conditions of Use; Alterations of the Website and the Services
ROI Sports may add to, change or remove any part of these Terms and Conditions of Use, the ROI Sports Store site and our services at any time, without notice to you. Any changes to these Terms and Conditions of Use or any terms shown on this website or any sub-site hereof, apply as soon as they are shown. By continuing to use this website, and/or by buying services or products, after any changes are posted, you are indicating your acceptance of those changes. ROI Sports may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Complaints and Comments

If you have any complaints or comments about the ROI Sports Store site, or any of the products supplied to you, please contact us at Help/Contact us.

Miscellaneous

These Terms and Conditions of Use of the Platform (together with the ROI Sports Privacy Policy, the ROI Sports Terms and Conditions of Sale) contain the full and complete understanding between ROI Sports and you when placing an order via the ROI Sports Store site. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these Terms and Conditions of Use. The Terms and Conditions of Use and all contracts made under them shall ensure for the benefit of any successors and assignees of ROI Sports.

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS AND CONDITIONS OF USE IS INTENDED TO EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF UEFA OR ROI Sports OR OUR SERVANTS OR AGENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER ROI Sports NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, (INCLUDING BUT NOT LIMITED TO INCOME, PROFIT OR OPPORTUNITY), LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF ROI SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER ROI Sports's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

DISCLAIMER

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROI Sports DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, ROI Sports DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

Clerical Errors (Errors in Writing and Copying)

ROI Sports uses all reasonable endeavours to ensure that all information on this website is accurate. However, in the event that an incorrect price or other information is displayed in relation to any product or service on this site due to a clerical, typographical, pricing or other inadvertent error, ROI Sports shall have the right to refuse to accept any order or cancel any contract to supply such product whether or not the order has been confirmed and the credit card has been charged. In the unlikely event that your credit card has already been charged for the purchase and the order is cancelled prior to shipment for this reason, ROI Sports shall issue a full credit to the value of the goods cancelled to your credit card.

Governing Law and Jurisdiction

Any dispute regarding the process of an order within the ROI Sports Store site as well as any dispute in connection or arising out from contracts made between ROI Sports and the users of the ROI Sports Store site, are governed by and shall be governed and construed in accordance with the laws of Switzerland. The courts of Switzerland shall have exclusive jurisdiction for any dispute relating to the order, the sales and the delivery of the products sold by ROI Sports to the users.
Please note, any dispute regarding the use of the website www.roisports.eu other than for the purposes detailed in the clause above are governed by and shall be governed and construed in accordance with the laws of Switzerland. The courts of Switzerland shall have exclusive jurisdiction for any dispute relating to the use of the website.

Terms & Conditions of sale

Part A
1. General Information
For your convenience, we have listed below some general information about ourselves;
"We" are ROI Sports AG and our established place of business is P.O. Box 4704, CH-6304 Zug (Switzerland);
our e-mail address is info@roisports.eu;
our central fax number is (+41) 41 710 51 67
2. Formation of Contract
i. Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:
Step 1: Provided that you agree unconditionally to these terms and conditions, you may proceed to place an order with us.
Step 2: On receiving notification of your order, we will confirm the details of it by means of an acknowledgement. We reserve the right not to process your order and accordingly, we will notify you immediately if this is the case.
ii. In the event of a conflict, these terms and conditions shall override any contrary terms and conditions published by us or appearing on our web site.

Part B
1. Description and pricing
i. We sell sporting merchandise. Our products include the following:
o athletic balls
o team merchandise and replicas
o general sports merchandise and clothing
A list of individual products is shown on the ROI Sports Store Website.
ii. Details of our pricing accompany these terms and conditions and can be found in the product list in the ROI Sports Store website.
iii. The prices as set out in the ROI Sports Store remain valid until we notify you otherwise via the ROI Sports Store.
iv. We reserve the right to vary product specifications. In the event that the product of your choice is unavailable, we will provide a substitute of equivalent quality and price.
v. We will meet the cost of returning any such substitute goods in the event that you exercise your right to cancel as set out in clause 5.
vi. All offers on the ROI Sports Store are non-binding until an order has been placed, accepted and confirmed by us.
2. Delivery and Risk
i. Risk in the goods passes to you upon dispatch from our warehouse.
ii. Delivery will be organized by us; effective costs will be charged to the customer and are shown separately on the invoice
iii. Delivery time depends on availability of products indicated delivery times by us are non-binding
3. Title
i. Title to the goods ordered by you remains with us until such time as payment in cleared funds has been received from you.
4. Payment
i. You will be required to make payment for your product upon placing your order via the ROI Sports Store or via telephone.
ii. Payment may be made by means of a credit or debit card or bank transfer, your details to be provided to us over the telephone or via the designated secure ordering area of the ROI Sports Store.
iii. If you fail to pay the balance in full within 30 days of the date of the invoice, we may charge interest at a rate of 5% per month on the outstanding amount.
5. Right to Withdraw
i. We agree to reimburse you, free of charge, within 14 days of notification of withdrawal the purchase price you paid, although we do reserve the right to charge you for the cost of returning the goods as well as any other transport/handling costs (which shall be by deduction from the purchase price).
ii. This right of withdrawal shall not apply in any event, in the following circumstances:
o to services if performance of the contract has begun with your agreement before the end of the 7 working day period; or
o to any goods made to your specification or personalised at your request.
o to any goods which consist of audio, video, DVD, CD, CD-ROM, games, software or other multimedia products if such goods have been unsealed by you.
o to goods consisting damages caused by the incorrect usage by you
o to goods sold at reduced prices as a special sale
6. Warranties and Liability
i. We warrant that the goods supplied by us will be of satisfactory quality and fit for their purpose.
ii. Nothing in these terms and conditions is intended to exclude liability for personal injury or death arising from the negligence of ourselves, our servants or agents.
iii. Our liability to you in respect of any failure of the goods and/or services to comply with the warranty in clause 6(i) shall be limited to:
a. where such defect or failure is in respect of the whole of the goods, to supply free of charge replacement goods within a reasonable time or at your option, repaying the price of the goods up to the amount paid by you;
b. where such defect or failure is in respect of part of the goods, to supplying free of charge replacement goods for that part of the goods within a reasonable time or at your option repaying the proportion of the Price which that part of the goods being to the price of the goods in the contract up to the amount paid by you;

Any warranties have been written to us by claim and are subject to written details of any such claim having been received by us within 10 days from the date of delivery and the goods having been returned to us if so required, our examination of such goods having disclosed to our reasonable satisfaction that any defect or failure has not been caused by fair wear and tear, willful damage, negligence, unsuitable storage handling, damage in transit, inadequate packaging, misuse or alteration of the goods in any way after delivery.

Save as provided in this clause we shall have no further liability to you in respect of the goods and all warranties, conditions or other terms concerned with the condition and quality of the goods, their fitness for purpose or correspondence with any description or sample whether implied by statute, common law, custom usage or otherwise are excluded to the fullest extent permitted by law.

In respect of all orders, we can not be made responsible for any transport damage, delivery delays or non-supply of products ordered.

Part C
1. Complaints
i. We aim to provide you with a quality service. If, however, you feel that you have cause to complaint, you can email us at the address given in clause 1 of Part A above. We will try to do our best to solve any problems that arise.
2. Force Majeure
i. We do not take responsibility for any event which is outside our reasonable control, nor any consequential loss arising from such an event.
3. Entire Agreement
i. These terms and conditions (and the documents referred to in them) constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.
ii. Each of the parties agrees that it did not rely on and shall have no remedy in respect of, any statements, representation or warranty, whether oral or in writing, of any person, (whether or not a party to the contract between us) other than those expressly set out in these terms and conditions.
iii. Nothing in these terms and conditions shall limit or exclude any liability of any party for fraud.
4. Applicable Law
i. The agreement between us shall be subject to the laws of Switzerland, and the exclusive jurisdiction of the Swiss Courts.
5. Severability
i. Notwithstanding that the whole or any part of any provision of these terms and conditions may prove to be illegal or unenforceable, the provisions of this agreement and the remainder of the provision in question shall remain in full force and effect.


PRIVACY POLICY

ROI Sports takes your privacy seriously. Please read the following Privacy Policy carefully to learn more about ROI Sports 's use of your personal identifying information that ROI Sports collect when you visit ROI Sports 's official website at www.roisports.eu (hereinafter referred to as: the "Website"). ROI Sports reserves the right to change this Privacy Policy at any time without notice to you. You are therefore responsible for regularly reviewing this Privacy Policy.

What this Privacy Policy covers
This Privacy Policy covers ROI Sports 's treatment of personal identifying information that ROI Sports collects when you are on the Website and when you use services on the Website. This Privacy Policy also covers ROI Sports 's treatment of any personal identifying information that ROI Sports 's business partners share with ROI Sports unless otherwise stated.

This Privacy Policy does not apply to the practices of any companies or legal entities that ROI Sports does not own or control or to any persons that ROI Sports does not employ.

Information collection and use
ROI Sports does not collect personal identifying information when you access the Website homepage and browse the Website without disclosing your personal data (except cookies; see below under "cookies").

ROI Sports collects personal identifying information when you register on the Website, when you use certain products or services on the Website and when you enter promotions, sweepstakes or similar services sponsored by ROI Sports or its business partners. ROI Sports may also receive personal identifying information from its business partners.

When you register ROI Sports asks for your name, e-mail address, and some other personal information. Once you register with ROI Sports and/or sign in to our products or services, you are not anonymous to ROI Sports.

ROI Sports also automatically receives and records information on our server logs from your browser including your Internet Protocol address (IP address), which identifies your computer, ROI Sports 's cookies information and the page you requested.

ROI Sports uses information collected for three general purposes: for technical administration of the Website, for research and development to achieve and maintain a high service level and for customer information (to customize the content you see, to fulfill your request for certain products and services and to contact you about specials and new products and services).

Information sharing and disclosure
ROI Sports will not sell or rent your personal identifying information without your consent. ROI Sports may send personal identifying information about you to third parties when:

ROI Sports has your consent to share the information;

ROI Sports needs to share your information to provide the product or service you have requested;

ROI Sports needs to send the information to third parties who work on behalf of ROI Sports to provide a product or service to you (unless otherwise stated so, these third parties do not have any rights to use the personal identifying information ROI Sports provides to them beyond what is necessary to provide a product or service to you);

ROI Sports responds to courts or authorities; or

ROI Sports finds that your actions on the Website violate ROI Sports Website Terms and Conditions of Use or any other ROI Sports's guidelines or rules applicable for specific services.

Cookies
ROI Sports may set and access ROI Sports's cookies on your computer. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computer and stored on your computer's hard drive.

ROI Sports uses its own cookies for number of purposes, mainly to:
- access your information when you "sign in", so that we can provide you with customized content;
- keep track of preferences you specify while you are using ROI Sports services.
- estimate and report our total audience size and traffic;
- conduct research and development to improve the Website contents and services and achieve and maintain a high service level.

ROI Sports may allow third parties that are presenting promotions or researching users response to advertisement on some of our pages to set and access their own cookies on your computer. Third parties' use of their cookies is subject to their own privacy policies and not this one.

Children's privacy
ROI Sports does not knowingly collect personal data from children.

ROI Sports does not take specific steps to protect the privacy of children who disclose their personal identifying information to ROI Sports.

Access to your personal identifying information
ROI Sports gives you the ability to access your personal identifying information by sending us an e-mail including in the title of the e-mail the reference to personal identifying information at Help/Contact us.

ROI Sports allows you to challenge the data that it holds about you and you may have such data rectified, amended or completed.

Security
If you communicate with ROI Sports by e-mail, you should note that the secrecy of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages or information which are not encrypted you accept the risk of such uncertainty and possible lack of confidentiality over the Internet.

In certain areas, ROI Sports uses industry standard SSL encryption to protect data transmissions.

Privacy compliance
ROI Sports is subject to Swiss data protection laws when collecting and processing personal identifying information.

Questions or suggestions
If you have any questions or suggestions regarding this Privacy Policy, please send an e-mail to Help/Contact us.


ROI Sports AG   P.O. Box 4704   CH-6304 Zug   Switzerland