BACKGROUND:
This agreement applies as between you, the User of this Web Site and DieHardFans, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| “Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; |
| “Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
| “Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
| “Goods” |
means any products that advertises DieHardFans and / or makes available for sale through this Web Site; |
| “Service” |
means collectively any online facilities, tools, services or information that DieHardFans makes available through the Web Site either now or in the future; |
| “Payment Information” |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| “Purchase Information” |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
| “System” |
means any online communications infrastructure that DieHardFans makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| “User” / “Users” |
means any third party that accesses the Web Site and is not employed by DieHardFans and acting in the course of their employment; and |
| “Web Site” |
means the website that you are currently using (http://www.diehardfans.com/) and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside DieHardFans’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. DieHardFans is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and DieHardFans cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
| 5.1 |
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of DieHardFans, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable laws. |
| 5.2 |
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Sporters Global Inc. |
| 5.3 |
Trademarks, trade names, service marks and logos depicted or displayed on this Web Site are registered or unregistered trademarks, trade names and/or service marks of their respective owners / manufacturers and their affiliates, including Sporters Global Inc. and its affiliates. Nothing mentioned on this Web Site in any way depicts the granting or should be considered as granting, estoppel, or otherwise, of any license or right to use any trademarks, trade names, service marks or logos as displayed on this Web Site without prior written permission from the respective owners as envisaged in 5.1 above. |
| 5.4 |
Copyrights, trademarks and patents on the design of this Web Site including all text, graphics, information, content, and other material displayed are held by respective owners and the same cannot be downloaded or copied from the website and may not be used except as approved in these Terms & Conditions without prior written permission from us and/or the respective owners. DieHardFans is the owner of the software and other technology components of this Web Site along with its affiliates and suppliers. All rights reserved. The copyright on this Web Site as a compilation is also held by DieHardFans. No public or commercial use shall be made in any way of the information or materials displayed on this Web Site or that can be downloaded; reproduction, public display, performance, or distribution or otherwise of the same is also strictly prohibited. Unauthorized use of such information or materials violates copyright laws, laws of privacy and publicity, and other laws and regulations and can result in prosecution as envisaged in clause 5.1 above. |
6. Third Party Intellectual Property
| 6.1 |
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. |
| 6.2 |
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. |
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of DieHardFans or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
| 8.1 |
You may not run or display this Web Site in whole or in part, or any information or material displayed on this Web Site in whole or parts in presentations or frames or through similar methods without prior written permission granted by DieHardFans. |
| 8.2 |
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.diehardfans.com/ without prior written permission granted by DieHardFans. Deep linking (i.e. links to specific pages within the site) requires the express permission of DieHardFans. To find out more please contact us by email for general enquiries enquiry@diehardfans.com or by phone on 1-800-717-3037, by fax on 1-800-717-3034. |
9. Use of Communications Facilities
| 9.1 |
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
| 9.1.1 |
You must not use obscene or vulgar language; |
| 9.1.2 |
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is defamatory, libellous, profane, abusive, threatening, harassing, pornographic, ageist, sexist or racist; |
| 9.1.3 |
You must not submit Content that is intended to promote or incite violence; |
| 9.1.4 |
It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages; |
| 9.1.5 |
The means by which you identify yourself must not violate these terms of use or any applicable laws; |
| 9.1.6 |
You must not impersonate other people, particularly employees and representatives of DieHardFans or our affiliates; and |
| 9.1.7 |
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”. |
|
| 9.2 |
You acknowledge that DieHardFans reserves the right to monitor any and all communications made to us or using our System. If violation or potential violation, of the abovementioned is observed DieHardFans, its affiliates and third parties reserve the right to take any action deemed necessary to stop such violation in accordance with the remedies available in law or in equity, or through other methods and may remove without limitation, all related materials from this Web Site. |
10. Accounts
| 10.1 |
In order to purchase Goods on this Web Site and to use the forums or live chat etc facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
| 10.1.1 |
all information you submit is accurate and truthful; |
| 10.1.2 |
you have permission to submit Payment Information where permission may be required; and |
| 10.1.3 |
you will keep this information accurate and up-to-date. |
Your creation of an Account is further affirmation of your representation and warranty. |
| 10.2 |
It is recommended that you do not share your Account details, particularly your username and password. DieHardFans accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. |
| 10.3 |
If you have reason to believe that your Account details have been obtained by another without consent, you should contact DieHardFans immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled prior to dispatch. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, DieHardFans accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information. |
| 10.4 |
When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account. |
11. Termination and Cancellation
| 11.1 |
Either DieHardFans or you may terminate your Account. If DieHardFans terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. |
| 11.2 |
If DieHardFans terminates your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched. |
| 11.3 |
DieHardFans reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. |
| 11.4 |
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases. |
| 11.5 |
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases. |
12. Goods, Pricing and Availability
| 12.1 |
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from DieHardFans correspond to the actual Goods, DieHardFans is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods. |
| 12.2 |
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing. |
| 12.3 |
DieHardFans does not represent or warrant that such Goods will be available. The web site will only show items that are in or out of stock. Levels of stock available are not provided on the Web Site However, please note that these may not take into account sales that have taken place during your visit to the web site. |
| 12.4 |
All pricing information on the Web Site is correct at the time of going online. DieHardFans reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated monthly. |
| 12.5 |
In the event that prices are changed during the period between an order being placed for Goods and DieHardFans processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price; |
| 12.6 |
Purchases are not subject to Sales Tax in line with local Delaware Law etc. |
13. Delivery
| 13.1 |
DieHardFans or its affiliates will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. |
| 13.2 |
If DieHardFans receives no communication from you, within 14 (FOURTEEN) days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. |
| 13.3 |
We ship only to shipping addresses that are compliant with the shipping restrictions mentioned on this Web Site. All products and/or services purchased from this Web Site fall under a shipment agreement and once items purchased from this Web Site have been handed over to the shipment carrier for delivery, the risk of loss and title for items purchased passes on to you. Any claims for damaged and/or lost shipments are your responsibility and should be filed with the respective carrier directly. |
14. Returns Policy
DieHardFans aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
| 14.1 |
14.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 (FOURTEEN) days to arrange collection and return. DieHardFans is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. |
| 14.2 |
If any Goods you have purchased have faults when they are delivered to you, you should contact DieHardFans within 14 (FOURTEEN) days to arrange collection and return. DieHardFans is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. |
| 14.3 |
If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. |
| 14.4 |
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to DieHardFans within 14 days and arrange collection and return. DieHardFans is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. |
| 14.5 |
If you wish to return Goods to DieHardFans for any of the above reasons, please contact us using the details on returns@diehardfans.com to make the appropriate arrangements. |
| 14.6 |
DieHardFans reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
| 14.6.1 |
Any use or enjoyment that you may have already had out of the Goods; |
| 14.6.2 |
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; |
| 14.6.3 |
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened; |
| 14.6.4 |
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. |
Such discretion to be exercised only within the confines of the law. |
15. Privacy
With the exception of personally identifiable information which is protected by this Web Site’s Privacy Policy, all other material, information, ideas, concepts, suggestions, techniques, comments and/or other communications that you send through or post on this Web Site in any form (“User Communication”) shall be considered as non-confidential and non-proprietary. All rights related to using any or all User Communications for any purpose whatsoever, including but not limited to reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing for commercial or non-commercial purposes in any manner whatsoever, are reserved with us and our affiliates and/or parties designated by us or them. User Communications may be monitored and/or reviewed by us but it is not obligatory. We cannot be held liable for any content of any such User Communications, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise or not. Any or all User Communications that includes any and all material that we deem inappropriate or unacceptable may be removed by us without notice.
Use of the Web Site is also governed by our http://www.diehardfans.com/privacy_policy.html which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
16. Disclaimers
| 16.1 |
DieHardFans, our affiliates or third parties make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services and all such material and information is provided “as is”; you use this web site at your own risk. |
| 16.2 |
All products and services purchased on or through this web site are covered only by the applicable warranties, if any, of their respective manufacturers, distributors and suppliers. We hereby renounce all expressed and implied warranties of any kind, including but not limited to any implied warranties in terms of the products and services listed or purchased on or through this web site to the maximum permissible extent by law. This disclaimer however, does not limit the generality of the foregoing. We further disclaim all liability for product defect or failure or claims that are related to normal wear and tear, product misuse, abuse, modification, improper selection, or non compliance with any codes and usage guidelines or misappropriation. |
| 16.3 |
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. |
| 16.4 |
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. |
17. Changes to the Service and these Terms and Conditions
DieHardFans reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If DieHardFans is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
DieHardFans accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
| 19.1 |
To the maximum extent permitted by law, DieHardFans. or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, or any party involved in the creation, production, transmission or maintenance of this web site accepts no liability for any direct or indirect loss or damage, special, punitive, incidental or consequential damages (including, without limitation, those resulting in the form of lost profits, loss of data or business interruption) that come about on account of use, inability to use, or resulting from use of this web site, any web sites linked to or from this web site, or the materials, information or services contained on any or all such web sites, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. |
| 19.2 |
DieHardFans, or its affiliates or third parties accept no responsibility or, or liability whatsoever, for any damages to your computer, telecommunication equipment, or other property that arises on account of your accessing, using or browsing this web site, or on account of your downloading any of the information or materials on this web site, either on account of viruses or other material. |
| 19.3 |
Nothing in these Terms and Conditions excludes or restricts DieHardFans’s liability for death or personal injury resulting from any negligence or fraud on the part of DieHardFans. |
| 19.4 |
Nothing in these Terms and Conditions excludes or restricts DieHardFans’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site. |
| 19.5 |
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. |
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Notices
All notices / communications shall be given to us either by post to our registered address (see address above) or by email to
enquiry@diehardfans.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
These terms and conditions and the relationship between you and DieHardFans shall be governed by and construed in accordance with the Law of the State of Delaware, in the United States, not including the rules regarding choice of law. The parties consent to the jurisdiction of the United States District Court for the District of Delaware for any legal proceedings relating hereto.
24. Further Contact Information
Technical Support team
Should you experience any technical problems or errors on our website please send an e-mail to
webmaster@diehardfans.com
Business Development
If you are a vendor, wholesaler or manufacturer who have products related to US sport teams please contact one of our Business Development representatives at
businessdevelopment@diehardfans.com
Prospective Affiliates
Want to find out more about our affiliate program? Details of our program can be found on our affiliate page or if you want to contact us directly please email
affiliates@diehardfans.com
