Terms and Conditions of Sale
Please read these Ts&Cs carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these Ts&Cs.
The Products purchased on the Website are sold by Bally Americas Inc., with an office at 750 Lexington Avenue, 21st Floor, New York, New York 10022 (" Bally," "our," "we" or "us").
1. OUR BUSINESS POLICY
1.1 Bally offers its Products on the Website, including its e-commerce business services, exclusively to consumers (i.e., any natural person who will be the consumer of the Products and who is acting for purposes which are outside his/her trade, business or profession). If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.
1.2 Bally offers its Products only to consumers over the age of 18. If you are under 18, you are strictly prohibited from ordering Products from the Website. Bally reserves the right to cancel any orders from consumers we believe to be under the age of 18.
1.3 We do not sell secondhand Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on each Product page of the Website. The appearance of Products offered for sale on the Website may not exactly correspond to actual Products in terms of image, dimensions and colors depending on your Internet browser or monitor quality.
1.4 Products ordered on this Website may be shipped only to physical addresses located in the United States excluding P.O. boxes, APO/FPO addresses.
1.5 These Ts&Cs (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and Bally.
2. HOW TO PROCESS AN ORDER
2.1 To place an order, you should select the Products you desire to purchase on the Website, select a size, and add the items to your shopping bag by clicking on "Add to Shopping Bag." Once you are ready to checkout, click on the shopping bag icon at the top right of the screen, which will display all of the Products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, color and size before proceeding. Once you are ready to proceed with your order, click on "Secure Checkout," where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option, as well as enter personally identifiable information. After having read and accepted these Ts&Cs, click on the acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest checkout.
2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the checkout process.
2.3 Your order is an offer to Bally to buy the Product(s) contained within your order and is binding for a period of fifteen (15) days. An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order, which has been received and is being assessed by Bally.
2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.
2.5 Your offer shall be deemed accepted and the relevant contract of sale is effective from the moment Bally dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, the essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details ("Order Status Update").
2.6 If your order is dispatched in more than one package, you may receive a separate email for each package and by means of each separate email you and Bally complete a separate contract of sale for the Product(s) specified in the respective email.
2.7 You may access your order form by clicking on the section of the website under "My Account" that is labeled "Track My Order."
2.8 Bally reserves the right not to accept your order in its sole discretion. In such case, Bally will inform you by email of the cancellation of the order.
2.10 We strongly encourage you to print a copy of these Ts&Cs and the order form using the print option and save a copy thereof for your own personal use.
3. PRICES AND PAYMENTS
3.1 All prices indicated on each Product page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the Products for which you have already submitted an order.
3.2 Although we have taken reasonable care to reflect accurate prices on the Website at the time of publication, a small number of Products on our Website may be mispriced. Prices are confirmed when you receive your order receipt email outlining the charges (including delivery), which may be different than the price reflected on our Website.
3.3 You may pay for your order using the payment methods available on the Website, such as credit or debit cards and PayPal.
3.4 We take reasonable care to make our Website secure. All credit and debit card transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your card details in a secure host environment. We will securely store your credit and debit card details on the Demandware platform. These details will be fully encrypted and used only to process card transactions which you have initiated, to issue a refund in case of return or unavailability of the Products or for reporting cases of fraud to governmental authorities.
3.5 Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly, as Bally will be unable to assist you with these types of payment failures.
3.6 Payment will be "reserved" or "frozen" by your card issuer when you attempt to/make a purchase on the Website. The price for the purchase of Products and the corresponding costs for shipping and delivery, as indicated in the order receipt email, will be charged to your chosen payment method only when the purchased Products are actually shipped. In Store orders made on your behalf will be debited immediately regardless of whether the items are in stock or being delivered at a later date.
3.7 To ensure that your credit or debit card is not being used without your consent, Bally will validate your name, address and certain other personally identifiable information supplied by you in placing the order through services offered by Cybersource.
3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.
3.9 Refunds, for whatever reason, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. Bally will not be responsible for any delays beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer.
4. SHIPPING AND DELIVERY
4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the Ts&Cs and is hereby incorporated by reference.
4.2 Delivery from this Website is restricted to physical addresses in the United States. In addition, Bally cannot be held responsible for unanticipated delivery delays beyond Bally’s control.
4.3 Bally is unable to deliver to P.O. boxes, APO/FPO addresses. Any orders specifying a P.O. box, APO/FPO will be automatically cancelled.
4.4 The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order is dispatched.
4.5 Currently, Bally carriers are able to deliver only Monday to Friday (excluding national holidays), during local business hours.
4.6 We will make reasonable efforts to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and Bally will not be liable for any delay in delivery.
4.7 All shipments will require a legible signature of the customer upon delivery.
4.8 Upon delivery, it is the customer's responsibility to ensure that a package customer is signing for is without damage, visible alteration or wet. Any such defects should be reported when you sign for the delivery.
4.9 Upon full and correct payment, delivery, and signature for a package, the associated Products will become your property and you will become fully responsible for the Products.
5. RIGHT OF WITHDRAWAL/RETURNS POLICY
5.1 As a customer, you may cancel your order for Products purchased on the Website, without any penalty, by either contacting Client Services by phone at +1.844.44.BALLY (1.844.442.2559) or by email at ClientServicesUS@bally.ch. You can submit your return request via email by using the Model withdrawal form. You have twenty-eight (28) days from delivery of the Products to submit your returns request except for sale products for which you need to submit your request within fourteen (14) days.
5.2 More details of your right of withdrawal, terms and conditions applicable thereto and explanations of how to exercise it are provided in the Confirmation and in the Returns Policy.
6.1 Bally warrants to the consumer that the Products that we deliver from this Website comply with the specifications for Products set forth on the Website and are free of material defects and workmanship errors (the "Warranty") for a period of twelve (12) months from the date of delivery.
6.2 Details regarding how to exercise rights under the Warranty and to return Products that do not conform to the Warranty are provided in the Warranty Policy.
7. CLIENT SERVICES
7.1 Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and to return Products purchased on the Website. Client Services can be contacted by phone at +1.844.44.BALLY (1.844.442.2559) or via email at ClientServicesUS@bally.ch. Client Services operating times are: Monday to Friday, 7:30 AM to 8:00 PM EST and Saturday to Sunday, 10:00 AM to 5:00 PM EST.
8. LIMITATION OF LIABILITY
8.1 The appearance of Products displayed on the Website may not exactly correspond to actual Products in terms of image, dimensions and color depending on your Internet browser and/or your monitor quality.
8.2 Except for cases of gross negligence and fraud, in no event will Bally and/or any of its affiliates be liable to any buyer for lost profit, any consequential, incidental, indirect, punitive or special damages arising out of or related to these Ts&Cs and/or any damages in connection with any third party claim raised against the buyer of the Product.
8.3 No representation or warranty, expressed or implied, is made as to accuracy or completeness, merchantability or fitness for any purpose by us or any of our affiliates.
8.4 The total amount of Bally's liability in respect of the purchase of Products under these Ts&Cs is limited to the amount paid by the buyer for the purchase of the Product giving rise to the liability.
10.1 Bally may subcontract the performance of all or any of its obligations under these Ts&Cs at any time without the consent of any buyer and may transfer these Ts&Cs (including without limitation a transfer resulting from a merger, divestiture, acquisition, change of control, corporate reorganization, or sale or lease of all or substantially all of our relevant assets or business) and/or the purchase contract entered into by and between Bally and the buyer, completely or partially, to any third party (including without limitation any affiliate of Bally), without the consent of any buyer.
10.2 The Customer must not assign or subcontract any right or obligation under these Ts&Cs without the prior written consent of Bally.
11. FORCE MAJEURE
11.1 In the event of strikes, difficulties or other events due to causes beyond the reasonable control of Bally which would influence the delivery of the Products, Bally shall be authorized to postpone deliveries or to cancel them.
11.2 We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
12. OUR CONTACT DETAILS
12.1 Our contact details are:
Bally Americas Inc., 750 Lexington Avenue, 21st Floor, New York, New York 10022
13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES
13.1 These Ts&Cs supersede and replace all prior terms and conditions of sale associated with purchases made on the Website.
13.2 These Ts&Cs and all the other policies of the Website may be amended from time to time due to any new laws or regulations or other reasons. The new Ts&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publication.
14.1 If any provision of these Ts&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Ts&Cs which shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION
15.1 These Ts&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of the United States and the State of New York. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the federal and state courts located in the State of New York.
These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website on the date of your submission of the order form.
The effective date of these General Terms and Conditions of sale is 1st July 2014.