LEGAL

Converse Netherlands B.V ‘s Terms of Use

 

Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.

Date of Last Revision: February 4, 2011

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by Converse Netherlands B.V , a company registered under the laws of the Netherlands and with its registered address at Colosseum 1, 1213 NL, The Netherlands (collectively, “us”, “we” or “Converse”). By accessing or using Converse’s websites or services (collectively the “Website”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law, whether or not you are a registered member of Converse. Converse may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Placing an order.

All orders placed through the Website are subject to Converse’s acceptance. In order to place an order on our Website, you must be 16 years of age or older and be a consumer – not a reseller.

You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your shopping cart and checking out from our stores. You must also have Flash downloaded to design your own sneakers.
Placing an order on the Websites is easy.

1. Find the product(s) you want (and customize it).
2. Add the product(s) to your shopping cart.
3. Proceed to checkout.
4. Select delivery and billing options.
5. Review your order.
6. Submit your order.
7. Receive an online order confirmation.

You are bound by your order once you have clicked the ”Submit order” button at the end of the ordering process. By clicking the ”Submit order” button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded.

A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.

Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 16 and 18 years old, you must obtain your parent/guardian’s permission to register for the Website and post User Generated Content.

We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
This means that Converse may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason. If your credit card has already been charged for an order that is later cancelled, Converse will issue you a refund.

We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:

* the product is not available / in stock (any payments will be refunded);
* your billing information is not correct or not verifiable;
* your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
* your bank transfer payment is not received within 12 calendar days after acceptance of your order;
* we have reason to believe you are under 16;
* we have reason to believe that you are a reseller;
* there was an error in the price quote;
* we could not deliver to the address provided by you.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your Converse account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Converse immediately of any unauthorized use of your Converse account. Converse is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Data Check

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: 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 Website will be investigated and if necessary prosecuted. By submitting your order, you agree to this.

Cancellations & Returns

Customized orders cannot be cancelled before shipment, because we start building the customized products immediately after receiving the order. You are however entitled to return your order in accordance with the return procedures and conditions below.

Returning orders after delivery – defectives
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 2 months of receipt of product. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, visit our help section.

Returning orders after delivery – for whatever reason
If you are for whatever reason not happy with the products you ordered, you may return the products delivered to you within seven (7) calendar days after delivery, without giving us any reason, as long as:
* the products are unwashed and not used in any way (you are allowed to try garments or sneakers on for fit, unless we have indicated otherwise – but you cannot wear them)
* the product is in its original, undamaged packaging (a carefully opened package will not be considered damaged)
* the product is complete: e.g. both items of a pair must be returned
You cannot return:
* products that have been tampered with

Refunds will be issued based on the original form of payment within 30 days of return. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed.

In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs.

In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. In practice, when returning, you will use our logistics provider. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.

Please call the Converse.co.uk.com consumer call center at 0800 206 1116 and they will verify your order / shipment information and then issue a Return Authorization (RA) number and guide you through the returns process.

Returning gifts possible?

Yes, you may return a gift as long as you have the original order number. See the above Cancellations/Returns section for details.

Payment methods

We accept the following forms of payment: American Express, Visa and Mastercard.

Prices and currency

The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order.

Prices are quoted in GBP.

The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.

Price changes
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. Subject to clause on Pricing Errors below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.

Pricing errors
Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.

Delivery

Shipping Information

Converse Design Your Own orders are all shipped direct from our manufacturing facilities. Tracking is provided and will be sent to the email address you provided when you placed the order. Please allow 3 to 4 weeks for delivery from the date we successfully process your order. Since holidays vary globally, there may be certain times of the year when a 3 to 4 week delivery time will not be possible.
Our shipping method to the UK is via UPS WorldEase Expedited Service.  UPS will not deliver to P.O., APO, or FPO Boxes.
Shipping cost is $£8.95 per order. For more information, and for shipping costs for Design Your Own orders of more than 35 pairs, please call 0800 206 1116.

Converse Design Your Own order processing only allows an order to deliver to one delivery address. Please note that if you order more than one item on an order that each item will be packaged and shipped individually.

You should inspect the products within a reasonable time after their receipt. Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time after their receipt as you will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.

Customization conditions

For most customized items, you can submit a combination of letters, spaces and numbers to form an ID – a personalized message that appears on your creation. While we honor most ID’s, we cannot honor all of them. Some may contain trade marks of third parties, or the names of certain professional sports teams, athletes or celebrities that you (or Converse) does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our items. Unfortunately, at times this means that we may decline ID’s that may otherwise seem unobjectionable. If your personal tag is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage – if so, you will be notified by e-mail. Converse reserves the right to cancel any ID’s after they have been submitted to Converse

Consumer acknowledgements relating to customization

Both your design of the item (the color combination etc) and the personalization shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by someone else.
Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design and personalization.

You agree that you will have no (intellectual property) rights in the design or in your personalization. To the extent any intellectual property rights would be applicable to your design or personalization these rights shall vest in Converse. By submitting the customized item to Converse, you transfer all intellectual property shall rights you may have in the customized products to Converse. To the extent such transfer is not valid, you grant to Converse, by submitting the customized items to us, an exclusive, fully paid, perpetual, royalty free license to use your design and personalization in the widest sense of the word, including but not limited to copy, edit, modify, publicly display, digitize, reproduce and distribute, and to sublicense (parts of) this right as we see fit.

You agree and understand that you shall have no claim against Converse or any other party in the event a design or personalization similar to yours is used or designed. Your design and your personalization qualify as what Converse calls “User Generated Content”. The relevant articles to these general conditions about User Generated Content is applicable to your design and your personalization, safe where this article contradicts with the articles about User Generated contents; in such event this article shall supersede.

Intellectual Property

All intellectual property on the Website (except for User Generated Content) is owned by Converse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the CONVERSE name, the Star and Chevron Design and the Chuck Taylor Ankle Patch) are trademarks or registered trademarks of Converse. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Converse; All rights reserved.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase Converse products. Any other use is prohibited unless agreed to by Converse in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without Converse’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

User Generated Content

“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by Converse.

1. Posting Rules: User Generated Content and User Conduct

Be Responsible.
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Converse or its users to any harm or liability of any type.

Be Relevant and Constructive.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumors about Converse and Converse products, or anything else off topic.

Be Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Converse’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Website user or person.

Be Private.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

Be Personal.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Website.

Be Yourself.
Do not impersonate any person or entity, including without limitation athletes or Converse employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Converse account, register a Converse account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.

Be Original.
You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Converse all of the license rights granted in these Terms of Use.

Be Legal.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.

2. General Rules for User Generated Content

Content is Not Prescreened

Converse does not guarantee to prescreen User Generated Content. Converse does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Converse is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Converse chooses to monitor any User Generated Content, Converse assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Converse reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Converse’s Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Converse a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify Converse in writing of any objectionable content appearing on the Website. Converse will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

 

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit users from posting on the Converse Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Converse legally sufficient notice to Converse of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
One High Street, North Andover, MA 01845

We suggest that you consult your legal advisor before filing a DMCA notice with Converse’s copyright agent. There can be penalties for false claims under the DMCA.

Links

The Website may contain links to websites operated by other companies. Converse does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. Converse is not responsible for the content or policies of linked websites and you access such websites at your own risk.

 

Published Activity

Converse allows you the option to publish about the actions you take on Converse’s Website to Facebook, Twitter and other social platforms. Converse does not control which information gets disseminated on participating social platforms. You agree to allow Converse to check your Converse cookies when you are visiting participating social platforms, and allow Converse to receive information about your use of those social platforms.

 

Indemnification

You agree to indemnify, defend, and hold harmless Converse, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

 

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

User Interaction Disclaimer

You are solely responsible for your interactions with other Website users, whether online or offline in person. Converse is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Converse’s Privacy Safety Tips prior to using this Website. Converse is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

Converse is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Converse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Converse cannot guarantee and does not promise any specific results from use of the Website. Converse does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Converse does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Converse reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Converse shall only be liable for damages suffered by you in the event such damages result from attributable breach by Converse of its contractual obligations towards you, or in the event Nike’s liability follows from applicable statutory law.

In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to
a. damage to the Converse products or to other materials;
b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
c. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products. We are not liable for damages as a result of incorrect information on the Websites. In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.

Miscellaneous

This Site is controlled by Converse Netherlands B.V. from its offices in Colosseum 1, 1213 NL Hilversum, The Netherlands. This Agreement shall be construed in accordance with Dutch law, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the courts of Amsterdam in the Netherlands.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

Converse reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Converse also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

© 2012 Converse Inc. All Rights Reserved