TERMS AND CONDITIONS
- IDENTITY OF ASICS
- In these general terms and conditions (“Terms”) as well as on this Website (“Website”), "ASICS" or "we" refers to ASICS Vietnam LLC, a company incorporated and registered in Vietnam. The registered office of ASICS is located at TTTM SAIGON CENTRE, Level 2-26-29, 67 Lê Lợi, Phường Sài Gòn, Hồ Chí Minh, 70000, Việt Nam, and our mailing address is customers-otvn@onitsukatiger.com. ASICS is registered in the Accounting and Corporate Regulatory Authority under registration number 0315898690.
- APPLICABILITY
- These Terms apply to the sale and purchase of ASICS products (“Product(s)”) on the Website as between ASICS and the Customer who makes such purchase (“Customer” or “You”). By placing an order with ASICS, You are accepting these Terms and are agreeing to be bound by them.
- Please note, these Terms can change at any time, and it is up to You to check these Terms before ordering Products in case there are any changes.
- PRODUCTS
- The Customer can place an order for Products on the Website (“Order(s)”) at the prices indicated.
- The Products will have the specifications as indicated in the product description on the Website. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Website and in the order confirmation.
- The Customer has a legal guarantee of conformity for the Products. If the Products do not conform, the Customer is entitled by law to remedies for such non-conformity.
- SUMMARY OF ORDER PROCEDURE
- A Customer may place an Order on the condition that the Customer:
- a) provides his correct name and address, phone number, email address, payment details and other required information;
- provides a delivery address that is located in the Territory as defined below; and
- is the owner or authorized holder of a valid debit/credit card to buy the Products, if paying with a debit/credit card.
- An Order is placed by clicking on the "Add to Cart" button and proceeding to the checkout page.
- The Customer will be provided with an opportunity to review his Order(s), read and accept the Terms, check the total price of his Order(s) and the information he has provided, and correct any input errors before confirming his Order(s).
- The Customer’s Order does not bind ASICS, but constitutes an offer made by the Customer to purchase the relevant Products in consideration for payment of the applicable prices. All Orders must then be formally accepted by ASICS, who may choose not to accept abnormal Orders and Orders which ASICS suspects are not placed in good faith
- Once ASICS receives the Customer’s Order, ASICS will send an email to the Customer via the email address that Customer provided (the “Order Placement Email”). This will be done as soon as reasonably practical. The Order Placement Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Order PlacementEmail does not constitute an acceptance of the Customer's Order(s) – only a confirmation that ASICS has received it.
- A Customer may place an Order on the condition that the Customer:
- ORDER PROCEDURE
- The Customer shall observe the following order procedures:
- The Customer may place an Order on the condition that the Customer:
- provides his/her correct name and address, phone number, email address, payment details and other required information;
- provides a delivery address that is located in Vietnam
- is the owner or authorized holder of a valid debit/credit card to buy the Products, if paying with a debit/credit card.
- An Order is placed by clicking on the "Add to Cart" button and proceeding to the checkout page.
- The Customer will be provided with an opportunity to review his/her Order(s), read and accept the Terms, check the total price of his/her Order(s) and the information he/she has provided, and correct any input errors before confirming his/her Order(s).
- Once the Website receives the Order, ASICS will send an email to Customer via the email address that they provided (the “Order Placement Email”). This will be done as soon as reasonably practicable. The Order Placement Email will acknowledge receipt of the Order(s) and set out details of the ordered Merchandise. This Order Placement Email does not constitute an acceptance of Customer’s Order(s) – only a confirmation that the Website has received it.
- ASICS will check whether the ordered Merchandise is in stock. ASICS will then pick and pack the Order(s) via its retail stores, area of operations or warehouse and mark the order as “Shipment Created”.
- As soon as the status is changed to Shipment Created, the delivery partner will receive a notification from ASICS to collect the Order(s). The Customer will also be sent a separate email notifying the Customer of the confirmation of the Order (the “Shipment Created Email”). The delivery partner will then proceed to deliver the relevant package(s) to the relevant Customer.
- ASICS and the Customer shall have the following obligations in each transaction on the Website:
- CONCLUSION OF CONTRACT
- After receiving the Customer's Order(s), ASICS will check whether the relevant Product(s) is (are) in stock. The contract governing the sale and purchase of the Product(s) between the Customer and ASICS (“Contract of Sale”) will only be concluded after ASICS sends the Customer an email confirming the Contract of Sale, that all or part of the Product(s) is/are still available, and that the Product(s) has/have been dispatched (the “Confirmation Email”).
- ASICS will not file an accessible copy of the Contract of Sale, so the Customer is encouraged to download, save and/or print a copy of the Confirmation Email and these Terms for his records.
- Obligations of ASICS
- ASICS shall be solely responsible for the accuracy of all information listed on the Website, including pricing, available inventory and all other related content for the Merchandise, and will be obliged to honor or make good any order placed by a Customer through the Website as a result of the content or information provided. Without prejudice to the foregoing, ASICS shall not post or publish any information that is false, misleading, inaccurate or improper, or those whose publication will result in a violation of any applicable laws.
- ASICS shall comply with the laws on payment, invoices, advertising, promotion, protection of intellectual property rights, protection of consumers' interests and other relevant laws in the process of listing and selling the Merchandise on this Website.
- Consistent with the ASICS Privacy Policy, ASICS shall not be permitted to use any personal data of Customer for any other purpose apart from the fulfilment of the Order . All conversations, especially pertaining to transactions (examples: Order, Returns) made through the Website, should be made through the website platform (examples: Customer Care e-mail).
- ASICS shall resolve disputes with the Customer arising from the listing and selling the Merchandise on this Website. ASICS shall be obliged to compensate for losses incurred by Customer if arising from their fault or negligence.
- ASICS shall be responsible for paying and discharging all applicable taxes owing on the listing and sale of the Merchandise on the Website.
- ASICS shall have other obligations applicable to sellers under relevant laws.
- Obligations of the Customer
- Without prejudice to concurring obligations of ASICS, the Customer shall comply with and perform all obligations required of it under the required applicable laws and the General Terms.
- The Customer must not disclose or otherwise allow any other person their account information for the access and use of this Website, and to promptly notify ASICS of any unauthorized use, abuse or breach of security for their username and password.
- When using this Website, Customer may be required to disclose certain personal information in accordance with these Regulations and the Customer shall be responsible for ensuring that the information thus disclosed are accurate, current and complete.
- PRICES
- The price that is payable for a Product will be the price in effect at the time the Order is placed. It will be set out in the Acknowledgement Email and in the Confirmation Email.
- All prices listed on the Website include Value Added Tax, but exclude the costs for delivery. Delivery fees are listed separately but will be provided to the Customer upon finalization of the Order. The costs for delivery will also be indicated in the Confirmation Email.
- MISTAKE IN PRODUCT DETAILS
- If ASICS makes a mistake in the presentation of a Product, the description of the specifications thereof, or the listing of its price, and
- it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
- in the given circumstances, the Customer could not have reasonably expected that ASICS would deliver, or would be able to deliver that Product with those specifications for that price,
- then a valid contract will not be entered into. ASICS will, as soon as reasonably practicable, inform the Customer and reimburse any payments made.
- Where a mistake as referenced in above clause arises, the offer of ASICS will not be valid and a contract will not be entered into between the Customer and ASICS. In such case, ASICS will not be held to deliver any Product that is ordered by the Customer, nor to reimburse the Customer for damages suffered.
- If ASICS makes a mistake in the presentation of a Product, the description of the specifications thereof, or the listing of its price, and
- FORCE MAJEURE
- Notwithstanding any other provision in these Terms, ASICS shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event; provided however, that ASICS will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, ASICS will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond ASICS’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, acts of war, civil insurrections, national emergencies, or governmental acts.
- TERRITORY
- ASICS will only deliver Products to addresses in Vietnam ("Territory").
- PAYMENT POLICY
- The Payment for Orders made on the Website for the purchase of Merchandise shall follow the following procedures:
- Credit/Debit card (MasterCard or Visa): during the order procedure, the Customer should fill out his credit/debit card number and expiry date. The Customer shall ensure that the exact name is filled out as is stated on the credit card. The payment will be authorised online, so the Customer will know directly whether or not the payment has been successful;
- OnePay: With OnePay, the Customer can transfer the purchase price to the Website from the bank account, credit card or e-wallet.
- The Payment for Orders made on the Website for the purchase of Merchandise shall follow the following procedures:
- SHIPPING TERMS
- ASICS shall ensure delivery of the Product to the address as included in the Order confirmation.
- RETURN POLICY AND TERMINATION RIGHTS
- The Customer is entitled to terminate the Contract of Sale without giving any reason within 14 calendar days of: (1) the date on which all the Products ordered in a single transaction have been delivered to the delivery address specified in the Order, or (2) the date on which all the Products ordered in a single transaction have been picked up at an ASICS store. This right of termination only applies with regard to Products that were purchased via the onitsukatiger.com/vn website, or any contracts entered into between ASICS and the Customer.
- To exercise the right of termination, Customer must inform ASICS by submitting a return request online or at an ASICS store, or by contacting our Customer Care.
- To meet the termination deadline, it is sufficient for the Customer to send his communication concerning his exercise of the right of or contact our Customer Care before the 14 calendar days has expired.
- If the Customer terminates the Contract of Sale, ASICS shall reimburse to Customer all payments received from Customer, excluding the costs of delivery (with the exception of defective or wrong items sent). Subject to the clause below on ASICS' right to withhold reimbursement, ASICS shall effect such reimbursement not later than 14 calendar days after ASICS has been informed about Customer's decision to terminate this Contract of Sale, or after ASICS has received the returned Product from the Customer, whichever is later. ASICS will carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, ASICS will bear the fees of such reimbursement.
- ASICS may withhold reimbursement until ASICS has received the Products, or Customer has supplied evidence of having sent back the Products, whichever is the earlier. Customer will receive an email notification when ASICS has finished processing Customer's return.
- Customer shall send back the Products in conformity with the return procedure as stipulated in our return policy without undue delay from the day on which Customer communicates its termination of this Contract of Sale to ASICS. Unless otherwise provided by ASICS, ASICS does not assume responsibility for lost shipments.
- ASICS will bear the cost of returning the Products if Customer uses the postal return service and procedure as set out in the returns policy.
- The Customer is only liable for any diminished value of the Products resulting from the handling of the Products, other than what is necessary to establish the nature, characteristics and functioning of the Products.
- In Order to ensure that the value of the Products is not diminished, ASICS urges the Customer:
- Not to damage the Product;
- Not to remove tags attached to the Product;
- Not to wear, wash, and/or alter the Product.
- There exists no right to terminate the Contract of Sale with regard to:
- the supply of Products made to the consumer’s specifications or Products which are clearly personalised; and
- the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
- Payment information secure:
- To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your Order we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
- Online payments will be processed by our partners (online payment gateways registered with the Government). You must give us, partners or website the accurate information and notify us if there is any change.
- How long do we keep your Personal Data: We use your Personal Data according to our Privacy Policy. Please see our Privacy Policy for more details.
- DELIVERY
- Methods Of Delivery
- Door-to-door delivery: The Customer will have the Merchandise delivered to their specified delivery address through a door-to-door delivery services arranged for them by ASICS under the ASICS E-Commerce Website. This door-to-door delivery service shall be at the Customer’s cost. ASICS does not extend any representation or warranty as to the manner and method by which such door-to-door delivery service shall be provided, and the Customer shall thereby appoint ASICS as agent to implement and adopt such delivery option on the Customer’s behalf.
- ASICS shall engage Giao Hang Tiet Kiem, an independent third-party service provider to facilitate such delivery (the “Service Provider”). The Customer may track the status of his or her delivery through the Service Provider’s website, (https://i.ghtk.vn) with the air way bill number that can be found in the Customer’s shipment confirmation email or under “Shipment Details” in “My Orders” under “My Account”. For further information, please contact our Customer Care via our customer service email customers-otvn@onitsukatiger.com
- The delivery of the Merchandise by Door-to-door delivery through the Service Provider shall be primarily governed by the terms and conditions of any agreement adopted by such Service Provider for the provision of such delivery service. The Service Provider is understood to be an independent contractor and is not an employee, agent or representative of ASICS.
- RETURN POLICY AND RIGHT OF TERMINATION
- General return policy
- For any reason the Customer is not satisfied, the Customer may return their items with original tags intact and in their original packaging. This policy applies to all Merchandise except sale items, socks, and inner-wear products.
- All purchases in the Website shall have a fourteen-day return policy from the date the customer receives the ordered Merchandise, provided that: (i) all tags are still attached; (ii) the Merchandise is unworn, unwashed and unaltered; and (iii) the Merchandise is in its original packaging.
- In order to ensure that the value of the Merchandise is not diminished, ASICS urges the Customer:
- Not to damage the Merchandise;
- Not to remove tags attached to the Merchandise;
- Not to wear, wash, and/or alter the Merchandise.
- Notwithstanding the foregoing, returns are not accepted for the following reasons:
- The Merchandise that has been scratched or soiled by the Customer (including the Merchandise with perfume or cigarette odors, and crushed or damaged outer boxes);
- The Merchandise processed after ordering (the Merchandise that has been hemmed, lengthened, printed, etc.);
- When 14 days have passed after the item arrived without any special reason;
- Made-to-order Merchandise; and
- Sale products / outlet products. Merchandise purchased from parties other than ASICS.
- In addition, depending on the condition of other products, ASICS may not accept returns.
- At the same time, there exists no right to terminate the sale and purchase of the Merchandise under the Sales Invoice with regard to:
- the supply of Merchandise made to the consumer’s specifications or Merchandise which are clearly personalized; and
- the supply of sealed Merchandise which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
- Subject to the foregoing, Customer is entitled to terminate the sale and purchase of the Merchandise under the Sales Invoice without giving any reason within 14 calendar days of: the date on which all the Merchandise ordered in a single transaction have been delivered by door-to-door delivery to the delivery address specified in the Order.
- This right of termination only applies with regard to Merchandise that were purchased at https://www.onitsukatiger.com/vn/vi-vn and https://www.onitsukatiger.com/vn/en-vn
- Return methods
- All orders from the Website shall be returned by Customer to ASICS by door-to-door delivery. The Customer shall send emails to our Customer Care at customers-otvn@onitsukatiger.com and the Customer Care will send the Customer a return shipping label that the Customer can use to return the item via door-to-door delivery.
- Return information.
- The Customer shall enter one of the following letters in the return form:
- Size too big
- Size too small
- Not as pictured
- Not as described
- Parcel damaged on arrival
- Wrong Item sent
- Defective item sent
- Change of mind
- The Customer shall include the return form together with their return parcel. If the return form is misplaced, the Customer shall contact the Customer Care of ASICS for a copy of it. Items that do not meet the above criteria will not be refunded.
- As soon as the Merchandise has successfully reached the designated warehouse, ASICS will process the refund through the Customer’s original mode of payment. Refund amount will reflect within 14 working days or more depending on the Customer’s credit/debit/account provider.
- If the Customer terminates the sale and purchase of the Merchandise under the Sales Invoice, ASICS shall reimburse to the Customer all payments received from the Customer. Subject to the clause below on ASICS' right to withhold reimbursement, ASICS shall endeavor zto effect such reimbursement not later than 14 calendar days after ASICS has been informed about the Customer’s decision to terminate the sale and purchase of the Merchandise under the Sales Invoice, or after ASICS has received the returned Merchandise from the Customer, whichever is later. ASICS will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise; in any event, ASICS will bear the fees of such reimbursement.
- ASICS may withhold reimbursement until ASICS has received the Merchandise, or Customer have supplied evidence of having sent back the Merchandise, whichever is the earlier. The Customer will receive an email notification when ASICS has finished processing Customer’s return.
- DEFECTIVE PRODUCTS
- ASICS shall deliver the Merchandise to the Customer which Merchandise shall be in conformity with the terms of sale under the Sales Invoice for the relevant Merchandise.
- If the Merchandise purchased by the Customer do not conform to the terms of sale under the Sales Invoice at the time the Merchandise is delivered to the delivery address in the Order, ASICS shall be liable to the Customer, subject however to any defenses available to it under the Sales Invoice or under the applicable law.
- In the case of a lack of conformity, the Customer shall be entitled to have the Agreement rescinded.
- In case of rescission of the sale and purchase of the Merchandise under the Sales Invoice, ASICS may ask the Customer to return the Merchandise before the refund is processed. For information on how to return the Merchandise to ASICS please refer to the return form provided when the Merchandise was delivered. Once ASICS receives the Merchandise and confirms that there is a lack of conformity, the refund will be processed. The Customer will receive an email notification upon ASICS’s completion of processing the refund. The Customer shall comply with criteria set out by the above clauses for returning the Defective Products.
- ASICS shall reimburse to the Customer all payments received from the Customer, including the cost of the Merchandise and excluding delivery charges and the shipping costs for returning the Merchandise, without undue delay. ASICS will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction; in any event, the Customer will not incur any fees as a result of such reimbursement.
- ASICS shall only be liable where the lack of conformity exists at the time of delivery of the Merchandise.
- ASICS cannot be held liable or responsible for damage that occurs due to the fact that the Merchandise is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the Merchandise is used for another purpose than for which it was sold.
- To the fullest extent permitted by law, ASICS will not be liable for damage that results from the lack of conformity, to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss or business opportunities.
- However, in deviation of the above, ASICS does not exclude or limit its legal liability hereunder in the event of the death or personal injury to the Customer resulting from an act or omission of ASICS.
- ASICS would like to remind the Customer that the Customer have legal rights under applicable national legislation governing the sale of the consumer goods and those rights are not affected by the General Terms.
- PERSONAL DATA
- The provisions the ASICS Privacy Policy are applicable. The Privacy Policy can be found at https://www.asics.com/vn/en-vn/privacy-policy and https://www.asics.com/vn/vi-vn/chinh-sach-quyen-rieng-tu
- APPLICABLE LAW
- All legal relationships between ASICS and the Customer are governed by the laws of Vietnam.
- The Sales Invoice (to which these General Terms are applicable) are presented in both the Vietnamese and English language.
- COMPLAINTS
- If ASICS made any error with respect to the Order, if the Customer has complaints, or if the Customer would like to contact ASICS for other reasons, the Customer may do so by sending an email to: customers-otvn@onitsukatiger.com and we will be happy to assist. Our normal business hours are 8:00 AM to 4:00 PM, Monday until through Friday.
- Personal Data Protection
- “Personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the ASICS has or is likely to have access.
- When receiving the Discount Code of the Program, a Participant will provide ASICS with his or her Personal data and agree to: (i) provide true, accurate, current and complete Personal data about himself/herself and (ii) maintain and promptly update the Personal Data provided to ensure it stays true, accurate, current and complete.
- If a Participant provides any information that is untrue, inaccurate, not current or incomplete or if ASICS has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASICS may suspend or terminate the Discount Code.
- When receiving the Discount Code of the Program, Participants hereby consent to ASICS collecting, using and/or disclosing the Personal Data for the following purposes:
- to communicate with Participants for the purposes related to the collection or use of the Discount Code; and
- to conduct and manage the Program, including for matters relating to promotional and the marketing of the Program
- Participant may withdraw his or her consent to the collection, use, and/or disclosure of his or her Personal Data by ASICS. However, depending on the nature of such withdrawal, a withdrawal of consent could result in the inability of ASICS from allowing Participant to receive the Discount Code. In all situations of a withdrawal, ASICS will inform Participant of the legal consequences of such withdrawal.
- For further information on how ASICS handles Participant’s Personal data and Participant’s rights to withdraw his/ her consent, please refer to ASICS’ Privacy Policy which can be found below: https://www.asics.com/vn/en-vn/privacy-policy and https://www.asics.com/vn/vi-vn/chinh-sach-quyen-rieng-tu
- ASICS respects Participant’s privacy and assures that Participant’s Personal data will be kept securely according to the applicable laws. If Participant has any queries, please refer to ASICS Privacy Policy which can be found at https://www.asics.com/vn/en-vn/privacy-policy and https://www.asics.com/vn/vi-vn/chinh-sach-quyen-rieng-tu
