Date of Last Revision: May 2024

.Swoosh

PRE-ORDER TERMS OF SALE 

 

THESE PRE-ORDER TERMS OF SALE (“TERMS OF SALE” OR “TERMS”) GOVERN THE SALE OF PRE-ORDER NIKE PRODUCTS (DEFINED BELOW) TO YOU IN NIKE STORES (DEFINED BELOW).

PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRE-ORDER PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE NIKE STORE (AS DEFINED BELOW).

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO NIKE STORES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING IN ANY NIKE STORE OR PURCHASING ANY PRE-ORDER NIKE PRODUCT FROM NIKE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO  THE TERMS, YOU MUST (A) DISCONTINUE USING THE NIKE STORES, AND (B) NOT MAKE A PURCHASE OF ANY NIKE PRODUCT.

YOU MAY ONLY PURCHASE NIKE PRODUCTS IF YOU ARE OF LEGAL AGE IN YOUR JURISDICTION OR IF YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN.

APPLICABILITY

We may give consumers the opportunity in our NIKE Stores (defined below) to purchase, on a pre-order basis, selected tangible, or physical products, such as footwear and apparel (“Pre-Order Products”). Placing an order, for the purposes of these Terms of Sale, is the process by which you may order NIKE Products that will be manufactured upon confirmation of your pre-order. This process is referred to as “Pre-Order” or “Pre-Ordering” and each individual order will be referred to as a “Pre-Order.”

These Terms of Sale apply to your Pre-Orders and all related shopping, purchases, and returns (where allowed) at NIKE-owned digital stores, on the .Swoosh website located at https://www.swoosh.nike (or any successor links) and all associated web pages, websites, and social media pages and any related mobile applications (each a “NIKE Store” and collectively “NIKE Stores”). These Terms of Sale create a legally binding agreement between you and NIKE Retail Services, Inc. (which we may refer to as “NIKE,” “we,” “us,” or “our”). NIKE may revise these Terms of Sale at any time. The Terms of Sale posted at the time you purchase products at a NIKE Store will govern that purchase.  In addition to the Terms of Sale, by shopping and/or purchasing at any NIKE Store you acknowledge and agree to by bound by the .Swoosh Terms of Service and the .Swoosh Privacy Policy, which are incorporated herein by this reference.

PURCHASING PRODUCTS

NO PURCHASE FOR RESALE

NIKE Stores, including any consumer rights or policies offered in NIKE Stores, are intended solely for the benefit of end consumers, and therefore purchase of products (including Pre-Order Products) for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party).  If NIKE determines that a purchase or order (including any Pre-Order) is intended for resale, NIKE reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any NIKE policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any NIKE Store, and/or suspend or close any account.  

HOW TO PURCHASE

To complete your Pre-Order at a NIKE Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a NIKE Store, which includes adding items to your cart and submitting your Pre-Order. 

When you submit a Pre-Order, we will send an email acknowledging receipt of your order (“Order Confirmation”).  Our acceptance of your Pre-Order takes place when your order and full payment are received; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product, or if the order has already been processed, we will cancel and issue you a full refund. 

OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER

Sale of Pre-Order Products and fulfillment of all Pre-Orders at a NIKE Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and Pre-Orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or Pre-Order, in situations including but not limited to:

• an Event Outside Our Control (as defined below);
• the product you seek to purchase is not available or in stock;
• your address, billing information or form of payment is incorrect or cannot be verified;
• your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
• there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
• your Pre-Order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
• your purchase or Pre-Order exceeds product purchase limits (quantity and/or dollar amount);
• your account and/or purchase history shows an excessively high volume of returns;
• there is evidence that you are not eligible to make purchases; or
• in the event of misspelling, pricing or other errors or mistakes at the NIKE Store(s) where you wish to Pre-Order or purchase.

NIKE will determine whether any of the above events have occurred in its sole discretion.

DATA CHECK

When you send us your Pre-Order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

TITLE TRANSFER & RISK OF LOSS

Title and risk of loss for Pre-Order Products purchased from NIKE pass to you upon our delivery to the carrier.  Title to product(s) will not transfer unless full payment has been received.

INDEMNIFICATION AND RELEASE

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless NIKE, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “NIKE Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any NIKE Store or with other NIKE Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NIKE Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any NIKE Store or with other NIKE Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. 

LIMITATION OF LIABILITY

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, PRE-ORDERS, PURCHASES, RETURNS (WHERE ALLOWED), ACCESS OR USE OF NIKE STORES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO NIKE FOR THE PRE-ORDER PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR:  ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A NIKE STORE; OR FOR THE PERFORMANCE OF THE PRE-ORDER PRODUCTS PURCHASED AT A NIKE STORE; OR FOR THE CONDUCT OF NIKE STORE USERS OR CONSUMERS;  OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, PRE-ORDERS, PURCHASES, OR USE OF A NIKE STORE, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO  NIKE STORES. YOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE NIKE STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING NIKE STORES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT NIKE’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY

NIKE PROVIDES ACCESS TO NIKE STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) NIKE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRE-ORDER PRODUCT. NIKE FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRE-ORDER PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) NIKE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT NIKE STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRE-ORDER PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY NIKE AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

DISPUTES

CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS

• You agree that these Terms and any dispute between you and NIKE shall be governed in all respects by the laws of the State of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to NIKE Stores (including but not limited to the purchase of NIKE Pre-Order Products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the State of New York, USA.
• You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts located in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the State of New York, USA.
• All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

• NIKE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 
• NIKE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or NIKE’s rights.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
• If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

PRICE/PAYMENT

PAYMENT METHODS

We accept only the payment methods listed at checkout at NIKE Stores.  Please do not try to pay using any payment method not posted at the NIKE Stores. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action. 

PAYMENT PROCESSING

For built-to-order products (including Pre-Order Products and customized products), if you pay by credit or debit card, we will charge the full amount due upon receiving your order. Payments can only be processed if the billing information can be verified.

PRICES AND CURRENCY

The Pre-Order Products prices displayed in the NIKE Store do not include shipping costs. Shipping rates are applied per order and will be displayed and confirmed at checkout. Exact shipping rates depend on the country where your order is being delivered to.

Prices are quoted and exclusively payable in US dollars. 

The prices of the Pre-Order Products will be as displayed in the NIKE Store. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

YOUR TOTAL PRICE

The total price specified in the final check out screen of a NIKE Store includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation email, which we recommend you print or download for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. 

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control. 

SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. We can only fulfill an order to a valid delivery address which is a home or office address in the United States or its territories.

SPLIT DELIVERY

We often deliver all items from a single Pre-Order within a single shipment. However, due to numerous factors, Pre-Order Products may be delivered in split shipments. We reserve the right to split the delivery of any Pre-Order. You will not be charged for any additional delivery costs. 

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact NIKE via the Contact Us section of our GET HELP page.

RETURNS & CANCELLATIONS

CANCELATION OF PRE-ORDERS

ALL SALES ARE FINAL. Pre-Orders may only be cancelled within 30 minutes of being submitted through a NIKE Store. This does not affect any applicable statutory rights in your jurisdiction.

RETURNS OF DEFECTIVE PRODUCT

YOU ARE ENTITLED TO RETURN PRE-ORDER PRODUCTS ONLY IF THEY ARE DEFECTIVE OR OTHERWISE NOT IN CONFORMITY WITH YOUR PRE-ORDER WHEN YOU RECEIVED THEM.

This does not affect any applicable statutory rights in your jurisdiction. In the event your claim is justified (as determined by NIKE in its sole discretion), the purchase price and any shipping costs will be refunded. Refunds will be issued to the original form of payment. For instructions on how to return defective products, please contact NIKE via the Contact Us section of our GET HELP page. 

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.