Terms of Sale
THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF NIKE STRENGTH PRODUCTS, FROM THE NIKE STRENGTH STORE (AS DEFINED BELOW) IN THE UNITED STATES. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE NIKE STRENGTH STORE (DEFINED BELOW).
PLEAE NOTE THAT YOUR USE OF AND ACCESS TO THE NIKE STRENGTH STORE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING IN ANY NIKE STRENGTH STORE OR PURCHASING ANY NIKE STRENGTH PRODUCT, 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 OR SHOPPING IN OUR STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
You are SUBJECT to these TERMS AND MAY PURCHASE NIKE STRENGTH PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.
These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, purchases, and returns at the NIKESTRENGTH.com digital store (the “NIKE STRENGTH STORE”).
Dimension 6 Fitness Corporation is an authorized licensee of NIKE, Inc. (“NIKE”) and the operator of NIKESTRENGTH.com digital store. Dimension 6 Fitness Corporation is an independent business that is neither owned nor operated by NIKE.
These Terms of Sale create a legally binding agreement between you and Dimension 6 Fitness Corporation and its affiliates (which we may refer to as “DIMENSION 6,” “we,” “us,” or “our”) with its headquarters and principal place of business at 17700 SW Upper Boones Ferry Rd, Suite 140, Portland, OR 97224, USA.
NO PURCHASE FOR RESALE
The NIKE STRENGTH STORE is intended solely for the benefit of end consumers, and therefore purchase of 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 we determine that a purchase or order is intended for resale, we reserve the right, in our sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any 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, and/or suspend or close any account.
HOW TO PURCHASE– DIGITAL STORES
To complete your purchase at the NIKE STRENGTH 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 the NIKE STRENGTH STORE, including adding items to your shopping bag and submitting your order. When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; 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.
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfillment of all orders at the NIKE STRENGTH STORE is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and 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 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 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 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 STRENGTH STORE.
TITLE TRANSFER & RISK OF LOSS
Title and risk of loss for products purchased from the NIKE STRENGTH STORE pass to you upon our delivery to the carrier. Title to product(s) will not transfer until full payment has been received.
INDEMNIFICATION AND RELEASE
To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless DIMENSION 6, NIKE Retail Services Inc., and each of their affiliates, officers, directors, employees, agents, licensors and suppliers (the “Indemnified 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 the NIKE STRENGTH STORE or with other 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 Indemnified 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 the NIKE STRENGTH STORE or with other 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, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF THE NIKE STRENGTH STORE.
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 DIMENSION 6 FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE INDEMNIFIED 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, THE NIKE STRENGTH STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT THE NIKE STRENGTH STORE; OR FOR THE CONDUCT OF NIKE STRENGTH STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF NIKE STRENGTH STORE, EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO TO THE NIKE STRENGTH STORE. YOUR ONLY REMEDY AGAINST THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE NIKE STRENGTH STORE OR ANY CONTENT IS TO STOP USING OR ACCESSING THE NIKE STRENGTH STORE.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT ANY INDEMNIFIED PARTY’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
DISCLAIMER OF WARRANTY
WE PROVIDE ACCESS TO THE NIKE STRENGTH STORE “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) DIMENSION 6 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. DIMENSION 6 FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) DIMENSION 6 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT THE NIKE STRENGTH STORE IS ACCURATE, COMPLETE, OR CURRENT OR THAT IT 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.
CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
You agree that these Terms and any dispute between you and any Indemnified Party shall be governed in all respects by Oregon law, 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 THE NIKE STRENGTH STORE (including but not limited to the purchase of NIKE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon, 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 of Multnomah County, Oregon, USA.
All claims shall be brought within 6 months after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
We may assign our 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.
Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our 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.
Payment is captured at the time of sale. We accept several payment methods at checkout. Redemption/use of gift cards to purchase products is subject to separate terms and conditions. Please do not try to pay using any payment method not accepted at checkout. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
PRICES AND CURRENCY
The product prices displayed on products, packaging, signage, or otherwise posted within the NIKE STRENGTH STORE do not include sales tax. Shipping rates are applied per order. Prices are quoted and exclusively payable in US dollars. The prices of the products will be as displayed in the NIKE STRENGTH 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 on the NIKE STRENGTH STORE includes estimated tax and shipping costs (if applicable). 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. We will decide which carrier to use to deliver your product. Delivery options and costs in the NIKE STRENGTH STORE can change over time, but shipping costs will not change for a particular order once confirmed at checkout.
Multi-unit orders may be delivered in multiple shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. 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 the NIKE STRENGTH customer service team for assistance.
RETURNS & CANCELLATIONS
CANCELLING ORDERS BEFORE SHIPMENT
If you wish to cancel your order, please contact our customer service team as soon as possible. Order cancellations may be subject to a cancellation fee if the order has already been processed or shipped.
RETURNING PRODUCTS AFTER PURCHASE/DELIVERY
Returns must be requested within 30 days and all products must be returned in new and unused condition. Equipment must be unused with original packaging, and apparel must be unworn with tags still on.
RETURNS OF DEFECTIVE PRODUCT
You are entitled to return products if they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified (as determined by DIMENSION 6 in its sole discretion), the purchase price and any shipping costs will be refunded. For instructions on how to return defective products, please visit the Returns section of the NIKE STRENGTH STORE.
Refunds will be issued to the original form of payment. Except for returns of defective product that have been approved by DIMENSION 6 in its sole discretion, you will be responsible for paying all shipping costs charged at checkout AND all shipping costs to return any product. The shipping costs to return your product(s) will be deducted from the purchase price of your returned product(s), and the net amount will be refunded after the return has been received and accepted.
Return shipping costs may be more or less expensive than the shipping costs on the original purchase, depending on the prevailing shipping rates in effect at the time the return is initiated. Return shipping costs will be communicated to you when a return is initiated.
Shipment of product to a location other than that shown on the return label may result in a denial of all customer claims pertaining to that return. Returns received without a valid RMA# and NIKE STRENGTH STORE provided shipping label are subject to refusal and return to the customer at the customer’s cost. We retain the right to refuse refunds for all unauthorized returns.
For more information on how to complete a return please visit the Returns section of the NIKE STRENGTH STORE.
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.