TERMS OF SALE

Last updated: November 2025

1.    INTRODUCTION & APPLICABILITY

1.1.        INTRODUCTION

These Terms of Sale (“Terms of Sale” or “Terms”) give you information about and set forth the legal terms and conditions that apply to the sale of products (including any Customised Products as defined in Section 6.1) (“Products”) to you in NIKE Stores (as defined below) in any of the countries listed below, as well as to certain services we may provide to you in the context of such sales.

These Terms of Sale apply to your shopping, orders, purchases, and returns via NIKE-owned digital stores that enable online consumer purchases through Nike.com, SNKRS or the Nike app (each a “Digital Store”, all of which are part of NIKE’s platform). Digital Stores are collectively referred to in these Terms of Sale as “Digital Stores” or “NIKE Stores”).

Please note that the purchase of NIKE gift cards is subject to separate conditions, which can be viewed under the Gift Cards section on our website.

Please read these Terms of Sale carefully and check that the details of your order are complete and accurate before ordering Products online. By shopping online and accepting the Terms of Sale at checkout you are agreeing to be bound by these Terms of Sale. If you do not agree to the Terms of Sale, you must not make an online purchase. These Terms of Sale and any document expressly referenced herein constitute the entire agreement between you and Nike as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.

1.2.        HOW TO CONTACT US

If you have any complaints or questions, including without limitation, in relation to these Terms of Sale, please contact us via the Contact Us section on our website.

1.3.        SELLER OF RECORD

These Terms of Sale create a legally binding agreement between you and NIKE RETAIL B.V. (“NIKE,” “we,” “us,” or “our”), located at Colosseum 1, 1213 NL Hilversum, the Netherlands, as the seller of record regarding all purchases.

These Terms of Sale are entered into for NIKE’s own benefit and for the benefit of any other member of the “NIKE Group” (meaning Nike Inc., NIKE, their subsidiaries, and/or any company which is their parent undertaking). NIKE, on behalf of any member of the NIKE Group, and any member of the NIKE Group individually, shall be entitled to enforce any and all of the provisions of these Terms of Sale.

1.4.        COUNTRIES IN SCOPE

These Terms of Sale apply in the following countries: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, Sweden, United Kingdom.

If you are shopping in or from any of the countries identified below, please note that additional country-specific terms may apply to you which are available at the end of these Terms of Sale under Section 14 or by clicking on the country reference link below. These additional terms override the Terms below to the extent of any inconsistency.

[See Belgium terms]

[See France terms]

[See Germany terms]

[See Netherlands terms]

[See Hungary terms]

[See Poland terms]

[See Portugal terms]

[See Spain terms]

1.5.        ADDITIONAL TERMS

Your use of and access to NIKE Stores is also governed by NIKE’s Terms of Use, which can be viewed here. The Terms of Use are incorporated herein by this reference. If there is a conflict between these Terms of Sale and the Terms of Use, the provisions of these Terms of Sale will take precedence  to the extent that such conflict relates to the Products, shopping, orders, purchases, and returns via NIKE Stores, provided that in the event of conflicting provisions, the consumer shall always be entitled to invoke the applicable provision that is more favourable to the consumer.

You may provide certain personal information to Nike by shopping in any NIKE Store or purchasing any Product from NIKE, or we may otherwise collect certain information about you when shopping in a NIKE Store or purchasing any Product from NIKE. We will process your information in accordance with our Privacy and Cookie Policy. Our Privacy and Cookie Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

1.6.        CHANGES

We may make changes to these Terms of Sale at any time by posting a revised version of these Terms of Sale online. The “Last Updated” date above indicates when these Terms of Sale were last changed. Any changes introduced will not be retroactive. You are bound by the Terms posted online and accepted at the time when you are shopping in a NIKE Store or when you place an order. If you do not agree with the changes made, we recommend you do not make an online purchase.

2.    PURCHASE OF PRODUCTS

2.1.        AGE ELIGIBILITY REQUIREMENTS

To order or purchase Products in NIKE Stores, you must be at least 16 (sixteen) years old. When placing an order via Digital Stores, you confirm that you are at least 16 (sixteen) years old.

If we have reasonable grounds to believe that you do not meet our age eligibility requirements, we reserve the right to take any action against you, including, without limitation, to refuse your order(s), to terminate any Contract (defined in Section 2.3 below) or to take any other measures in accordance with Section 2.6.

2.2.        NO PURCHASE FOR RESALE

You must use our Products only for domestic and personal use. You must not use our Products for a commercial, business or resale purpose.

NIKE Stores are intended solely for NIKE to sell Products direct to consumers, and therefore ordering or purchasing of Products for resale is strictly prohibited. By orders or purchases for resale we mean the order or purchase of a Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). Indications of orders or purchases for resale or distribution purposes, include without limitation, the following:

·       the use of multiple different accounts with the same, similar or fictitious receipt address without reasonable reason;

·       the use of multiple different accounts with the same recipient phone number, payment account, recipient, or IP address without reasonable reason; or

·       Unusually high quantities of single Product purchases, or unusually high quantities of purchases of multiples sizes of the same style or Product without reasonable reason.

If we have reasonable grounds to believe that you are involved in orders or purchases for resale, we reserve the right to take any action to hinder such order or purchase (and deter future orders or purchases), including, without limitation, to refuse your order(s) or to terminate any Contract or to take any other measures in accordance with Section 2.6.

2.3.        OUR PRODUCTS

Descriptions of our Products are set out in Nike Stores. Please read the descriptions carefully.

In respect of our Digital Stores:

·       pictures and images of the Products and their packaging are for illustration purposes only. Your Products and their packaging may vary slightly from those pictures or images. In case of a difference between the image and the written product specifications, the latter will always prevail;

·       we cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Digital Stores may vary depending on what device you are using and your settings;

·       all weights, sizes and measurements set out in our Digital Stores are as accurate as possible.

2.4.        ONLINE ORDER PROCEDURE AND CONTRACT FORMATION

You can place an order online by completing all steps of the order procedure in our Digital Stores. This Section 2.4 contains information on the steps required to form a Contract between you and us.

To the extent admitted by applicable law, all information and Products listed in our Digital Stores do not in any way constitute an offer of sale to you. Through the information contained on and the Products listed in our Digital Store, we are providing you with an invitation to make an offer to purchase one or more Products on our Digital Stores by placing an order. We explicitly reserve the right to remove or edit information and Products from our Digital Stores at any time.

To the extent admitted by applicable law, we are under no obligation to accept your order and we explicitly reserve the right to refuse your order in accordance with Section 2.6  below. We will generally accept your order if the Products are available, the order reflects current prices, we have no reason to believe that you do not meet the eligibility requirements, or that you are not ordering or purchasing for resale and your preferred payment method is validated. There shall be no contract between you and NIKE until your order has been expressly accepted by us in accordance with this Section 2.4.

When you place your order, we may run some checks on it before it is fulfilled. These checks may include verifying the availability of the Products, verifying your address and checking for fraud. We run partly automated checks on all orders to filter out unusual or suspicious transactions, or transactions which can be identified as susceptible to fraud. Any suspected fraud in relation to our Digital Stores will be investigated and, if necessary, prosecuted.

You need a valid email address to place an order via our Digital Stores, which we will use during the order process to form the Contract between you and us:

·       When you have completed all steps of our online order process and submitted your order by clicking “Submit Payment”, we will send you an email detailing the Products you have ordered and acknowledging receipt of your order (“Order Acknowledgment”). Please keep in mind that all orders are subject to our approval and that the Order Acknowledgement does not mean that your order has been accepted by us. Until we send you the Order/Shipping Confirmation, you can cancel your order in accordance with Section 2.5 below;

·       If you use an offline payment method (such as real time bank transfer, iDEAL, SOFORT, etc.) you will be required to pay for your order to complete the online order process. Once we receive your payment, we will send you an email to confirm the receipt of your payment (“Payment Confirmation”); If you pay with credit card, payment will be withdrawn from your account when you receive the Order/Shipping Confirmation. Payment through other payment service providers like Klarna will be carried out through the payment service providers´ platform according to your payment plan.

·       Our acceptance of the order takes place when the Products are shipped to you, at which moment we will send you an email with an order number, information on delivery times and how to track your shipment (“Order/Shipping Confirmation”). At this point a contract is formed between NIKE and you (the “Contract”), which is binding for both parties, but only for the Products listed in the Order/Shipping Confirmation and subject to your and NIKE’s rights to terminate the Contract in accordance with these Terms of Sale.

·       We are not obliged to provide you with any other ordered Product that has not been listed in the Order/Shipping Confirmation until we confirm that these have been sent in a separate Order/Shipping Confirmation. These Terms of Sale apply to the purchase of Products from Nike in accordance with Section 1 above and form an integral part of the Contract. We will contact you by email to tell you if we do not accept all or part of your order.

·       If we do not accept your order in full or in part but your account has already been charged, the amounts paid for the ordered Products that have not been accepted shall be reimbursed in full.

·       Finally, we will send you an email containing the invoice for your order ("Invoice”). For more information about your Invoice, please be referred to Section 2.7 below.

We will store information relating to your order securely and we will send you a copy of the Terms of Sale in force when your order is accepted as an attachment to your Order/Shipping Confirmation. We recommend that you print or download a copy of these Terms of Sale and the relevant Shipping/Order Confirmation and Invoice for future reference. Please use the usual commands in your web browser (usually File > Save As) to print or save these Terms of Sale. While we do send you an Order/Shipping Confirmation, you may also archive your order details by using the usual commands in your web browser to save the order summary appearing on the last page of the order procedure.

2.5.        CANCELLING YOUR ORDER

We begin processing orders placed via our Digital Stores almost immediately. As a result, we can only provide you with a limited timeframe to cancel your order after submission. If you wish to cancel your order, please check the status of your order first by visiting the "Order Status" under your account. If, after placing your order, you have not yet received your Order/Shipping Confirmation, or if the status of your order is "Pending" or "On Hold", we may still be able to cancel your order for you.

If you want to cancel your order, please reach out to us via the Contact Us section on our website. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the Product(s) will be delivered to you and may be returned under your withdrawal rights as set out under Section 7 below.

2.6.        OUR RIGHTS IN RELATION TO YOUR PURCHASES

We explicitly reserve the right to refuse your order in whole or in part in the situations listed in this Section 2.6. We also reserve the right to terminate a Contract in whole or in part by written notice to you in the situations listed in this Section 2.6. In addition, we explicitly reserve the right to take additional reasonable measures that we deem reasonably appropriate in such situations, including but not limited to: imposing order or purchase quantity limits, restricting payment methods, restricting sales to you or your account(s), suspending or closing your account(s) or denying you access to NIKE Stores. To the extent permitted by the applicable law and in alignment with clause 11 NIKE shall not be liable for any,  damage, losses or costs you incur in relation to any refusal of an order or termination of the Contract other than a refund in accordance with Section 9 below, of any amount received from you in relation to the order we have refused or the Contract we have terminated.

·       Product availability: if the Product is no longer available or in stock, or in case of delivery problems or difficulties regarding the supply of the Product, we reserve the right to provide you with information on substitute Products of the same or higher quality and value that you may order. If you do not wish to order the substitute Product, we will reimburse any amount that you may have paid.

·       Incorrect or unverifiable billing information: if we cannot verify your billing information or if your billing information is not correct;

·       Delivery address: if you have not provided a valid delivery address, see Section 4.1 below;

·       Non-payment: if your payment is not authorised or we have not received your payment within 12 (twelve) calendar days after you have placed your order;

·       Orders or purchases for reselling purposes: see Section 2.2 above, including without limitation if we consider that you have purchased too many Products;

·       Unusual or fraudulent orders: if your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;

·       Age eligibility requirements: if we have reasonable grounds to believe that you were under 16 (sixteen) years old at the time you placed the order, see Section 2.1 above;

·       Obvious pricing errors: if there was an error in the price displayed in our Digital Stores, see Section 3.1 below;

·       Obvious description errors: if there was an error in the description of the Products displayed in our Digital Stores;

·       Delivery restrictions: if we could not deliver to the address provided by you;

·       Events Outside Our Control: see Section 10 below;

·       Behavioural misconduct: if you commit behaviours that affect the normal operation and order procedure in our Digital Stores or deny other customer’s fair chance to purchase Products, or if you commit behaviour that affects the security of our Digital Stores, including but not limited to;

o   Using technology or other methods to bypass purchase restrictions, obtain discounts or other benefits;

o   Using technology or other methods to place multiple orders, repeat purchases or to simulate panic-buying of Products;

o   Frequently purchasing a large number of Products through one or more associated accounts (with the same, similar or fictitious receipt address, with the same receipt phone number, payment account, receipt, or IP address, etc.) and abnormally frequently initiating a large number of returns and/or refunds, and other malicious returns or abnormally high return rates; or

o   Claiming refunds for Products not returned to us or Products not sold by us to a certain amount or to a certain number of times without reasonable reason; or

o   Returning fake products;

·       Violations: if you violate or go against applicable laws and regulations, these Terms of Sale, NIKE’s Terms of Use.

If you have any questions following any of the actions taken by us based on this Section 2.6, please contact us via the Contact Us section on our website.

2.7.        INVOICING

You agree to receiving invoices in electronic form for your purchases via our Digital Stores. In addition to NIKE Retail B.V. as the seller of record (see above under Section 1.3), your invoice may also state the address and VAT number of your local NIKE branch.

If you have any questions regarding your invoice, please contact us via the Contact Us section on our website.

2.8.        RISK AND OWNERSHIP TRANSFER

For Products purchased via our Digital Stores, we bear the risk of product damage or loss until the time of delivery of the Products to you. "Delivery" is assumed to have taken place, or the order is assumed to have been "delivered", at the time you or a third party appointed by you to us in advance acquires physical possession of the Products, which may, amongst others, be demonstrated by signing for receipt by you or the aforementioned designated third party. In addition, an order is “delivered” when it is dropped off at a location previously authorized by you.

For Products purchased via our Digital Stores but picked up in a Physical Store or at a pick up point (as provided in Section 5 below), risk will pass to you upon your authorised receipt of those Products.

Ownership of Products you have ordered shall transfer to you at the time of delivery or receiving of the Products (as provided in this Section 2.8 and Section 4.1 below).

3.    PRICE AND PAYMENT

3.1.        PRICES AND CURRENCY

The prices of the Products will be as quoted in NIKE Stores from time to time. The Product prices are inclusive of Value-Added Tax (VAT), as applicable. For orders placed via our Digital Stores, delivery costs are applied per order. For more information on delivery costs please be referred to Section 4.4 below.

The prices in NIKE Stores will be in Euros unless we apply the local country currency in that NIKE Store. If you change the country of delivery while shopping in our Digital Stores or during the online order process, prices may be quoted in a different currency from that moment. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.

While we take great care to make sure that the pricing information displayed on our Digital Stores is correct, we may discover an error in the price of Product(s) you have ordered. We will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. To the extent admitted by applicable law, please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we may not have to provide the Products to you at the incorrect (lower) price (even after we have sent the Order/Shipping Confirmation). In such case we may refuse your order or terminate the Contract in accordance with Section 2.6above.

3.2.        DISCOUNTS, PROMOTIONS AND CAMPAIGNS

We may from time to time offer discounts to our Products or organize promotions or other campaigns. Please note that any discounted Product offer, promotion or campaign shall also be subject to separate (additional) terms and conditions, which we shall communicate to you at the time of the campaign.

3.3.        YOUR TOTAL PRICE

For orders placed through our Digital Stores, the total price specified in the final checkout screen of the order process includes tax and delivery costs. This price will be recorded in the Order/Shipping Confirmation, which we recommend you print or download for future reference.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

3.4.        PRICE CHANGES

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order/Shipping Confirmation.

3.5.        PAYMENT METHODS AND PAYMENT PROCESSING

The payment methods available to you when ordering Products via our Digital Stores may vary per Digital Store and per country. At checkout, you will be able to view the payment methods available for your purchase.

We kindly ask you to not try to pay by any means other than the payment methods made available to you in our online order process in our Digital Stores. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

4.    DELIVERY

4.1.        DELIVERY – WHERE AND WHEN

For orders placed through our Digital Stores, we can only fulfil an order to a valid delivery address which is a home or office address in one of the countries our Digital Stores are available in. For more information on delivery, please see the Shipping and Delivery page under the Get Help section on our website. For Offline Pickups, please be referred to Section 5 below.

We make reasonable efforts to ship the Product(s) listed in the Order/Shipping Confirmation by the date indicated in the relevant Order/Shipping Confirmation; or, if no shipping date is specified, within the estimated time frame specified in the delivery method selection in our Digital Stores. Please note that we do not ship on certain public holidays. There are circumstances arising from customization of the products or unexpected or extraordinary circumstances that may affect the delivery date.

For the available delivery methods and applicable delivery times per country, please refer to the Shipping and Delivery page under the Get Help section on our website. Please note that for customized items (see Section 6. below) delivery times may be different.

For any delivery related problems and queries (including missing packages), we kindly ask you to contact us immediately via the Contact Us section on our website. This way, you enable us to swiftly initiate investigations by contacting the carrier to obtain information related to your delivery. With the passing of time, delivery information will be less readily available. For this reason, we may not be able to process any delivery related problems communicated to us later than 3 (three) months after these problems have occurred. However, we are committed to safeguarding your consumer rights while solving any issues with deliveries.

4.2.        SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time. However, we reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. Also, please note that due to the fact that the various Customised (Nike By You) Products are manufactured at different factories, an order for multiple Customised Products may result in split shipments.

In the event that we split the delivery of your order, we will notify you of our intention to do so by sending you an email to the email address provided by you at the time your order was placed.

You will not be charged for any additional delivery costs for any split deliveries, including the split deliveries of Customised (Nike By You) Products.

4.3.        INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If you suspect the Products may be damaged, indicated for example by damaged packaging, please do not accept the shipment. We kindly ask you to contact us immediately via the Contact Us section on our website in order for us to swiftly initiate investigations into the damaged package and contacting the carrier.

4.4.        DELIVERY RATES

If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE “standard delivery”, or the option of discounted “express delivery”. Other conditions may also qualify you for free delivery. The exact delivery rates depend on the country where your order is being delivered to. Please check the Shipping and Delivery page under Get Help section on our website for threshold amounts and their corresponding discounted delivery rates applicable to your delivery country.

5.    ONLINE TO OFFLINE (O2O)

For orders placed via our Digital Stores we may provide you with the option to pick up your Products in one of our Physical Stores or at a pick-up point (“Offline Pick-ups”). A pick-up point is a collection and delivery point for parcels that can be used by consumers or the postal or courier service offering this service in your area.

You can pick up the order in person, by showing your order number and ID card, or by someone else designated by you to pick up your order for you. This person must then also be able to show the order number and an ID card.

For further practical information about Offline Pickups, please see the Store Pick-Up page under the Get Help section on our website.

For Products purchased via our Digital Stores, we may provide you with the option to return the Product in one of our Physical Stores or at a pick-up point (hereafter “Offline Return”). Please note that all returns are subject to Section 7 and 8 below and that Products can only be returned to eligible Physical Stores in the same country where you made the original purchase. Products cannot be returned to NIKE Partnered Stores or NIKE Clearance Stores. To see the eligible Nike stores you can use the Find a Store functionality on our website. Physical Stores that accept Offline Returns cannot refund online money transfers and may instead offer a gift card. Orders of Customized Products (see Section 6 below) are not eligible for Offline Returns.  You will always have the right to receive a money refund for Products that are returned to us by post under your statutory right of withdrawal (see Section 7.1 below).

For further practical information about Offline Returns, please see the Returns page under the Get Help section on our website.

6.    CUSTOMISED PRODUCTS

We provide consumers with programmes, such as Nike By You, to customize certain Products (“Customised Products”). Please note that Customized Products may be subject to separate (additional) terms and conditions, including without limitation, in any event the terms and conditions set forth in this Section 6.

6.1.        CUSTOMIZATION CONDITIONS

For most orders for Customised Products, you can submit a combination of letters, spaces and numbers to form an “ID” – a personalized message that appears on your creation. We make reasonable efforts to accurately display the attributes of the Products you are customizing, including without limitation, the applicable colours; however, the actual colours and attributes you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours or attributes.

The order process for Customized Products is the same as other Products as outlined in Section 2.4. After receiving your online order for a Customized Product, we will review the proposed customization.

We reserve the right in our sole discretion to decline an ID for any reason, including without limitation, for example because it contains a trademark belonging to a third party, or the names of sports teams, athletes or celebrities that you (or NIKE) do not have the right to use, or because it contains material that we consider inappropriate. If we reject your ID you will be notified as soon as possible by email. Your customization will not deem to be accepted until you receive the Order/Shipping Confirmation.

Please note that due to the customization process, orders for Customised Products may be subject to different, longer delivery times. For the applicable delivery times per country, please refer to the Shipping and Delivery page under the Get Help section on our website.

6.2.        CONSUMER ACKNOWLEDGEMENTS RELATING TO CUSTOMISATION

Both your design of the Product (the color combination etc.) and the personalization thereof shall be created by you. To the extent this is not the case, you hereby guarantee that you are authorised to use the design or the personalization created by someone else. 

While 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 or personalization. 

Your design and your personalization qualify as what we call “User Content” and therefore, the relevant sections of NIKE’s Terms of Use, which can be viewed here, applies to your design and your personalization.

7.    RETURNS AND EXCHANGES

7.1.        STATUTORY RIGHT OF WITHDRAWAL

If for whatever reason you are not happy with a Product you ordered via our Digital Stores, you may exercise your statutory right of withdrawal.

You can invoke your right of withdrawal by informing us that you want to return the Product within 14 (fourteen) calendar days (i) after the Product is delivered to you or to a third party indicated by you (other than the carrier) or, (ii) if you have ordered multiple goods in one order which are delivered separately, after the last Product is delivered (”Withdrawal Period”). It is not necessary to give us any reason for invoking your statutory right of withdrawal.

You can inform us that you want to exercise your right of withdrawal by sending us before the end of the Withdrawal Period an unequivocal statement to this extent. Alternatively, you may also use the model withdrawal form below:

Model withdrawal form

Complete and return this form only if you wish to dissolve/revoke the agreement.

To:

Nike Retail B.V.

Colosseum 1

1213 NL Hilversum

The Netherlands

serviceinfo.nl@nike.com [if you wish to return this form to us online, please navigate to the chat function in the Get Help section on our website]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) for the provision of the following service (*)

Ordered on (*)/Received on (*)

Name of consumer(s)

Address of consumer(s)

 

Signature of consumer(s) [only if this form is notified on paper]

Date

 

(*) Cross out what does not apply

 

Please do not send the products to the address mentioned in the form. The address to which the products need to be sent is different from this address. When you reach out to Nike with the withdrawal form, you will be provided with a return label. There is no need for you to proactively post the product back.

If you notify us after expiry of the Withdrawal Period that you want to return your Product, Section 7.2 below instead of your statutory right of withdrawal applies.

If you use your statutory right of withdrawal, you have an obligation to return the Products to us without undue delay and no later than 14 (fourteen) calendar days from the day on which you have notified us that you invoke your right of withdrawal.

The Products that are returned to us under your statutory right of withdrawal must be the items that you have purchased from us as identified in your Order/Shipping Confirmation. Please make sure that the Products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide if you want to keep the Products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the Product diminishes as a consequence thereof, we can hold you liable for such diminished value.

If you inform us that you wish to return a Product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement, in full or part, until we have received the Products back or until you have supplied sufficient evidence of having sent back all Products. For further information regarding refunds please be referred to Section 9 below.

If you require further assistance exercising your right of withdrawal, please contact us via the Contact Us section on our website.

7.2.        CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the statutory right of withdrawal (see Section 7.1 above), NIKE grants you a period of 30 days (i) after the Product is delivered to you or to a third party indicated by you (other than the carrier) or, (ii) if you have ordered multiple goods in one order which are delivered separately, after the last Product is delivered during which you can inform us that you want to return the Product without any reason. This contractual right of withdrawal is subject to specific conditions. For further information, including the Products that are eligible under your contractual right of withdrawal, the period in which you may exercise your contractual right of withdrawal, as well as information on return delivery costs, please see the Returns page under the Get Help section on our website.

7.3.        EXCHANGES

If a Product you have purchased is the wrong size or fit, you may request us to exchange the Product.

For further information on the exchange process, including the Products that are eligible for an exchange and the specific conditions that apply to exchanges, please refer to the Exchanges page on our website.

7.4.        EXCEPTIONS

For more information about exceptions to our returns policy, to which the statutory and the contractual right of withdrawal and exchanges do not apply, please see the Returns page under the Get Help section on our website.

8.    DEFECTIVE AND FAULTY PRODUCTS

All Product descriptions, information and materials displayed in NIKE Stores are provided “as-is”, without any express or implied warranties thereon, except as provided by law.

We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to return the Product in case of defects or non-conformity that existed at the time of delivery (hereafter “Non-Conformity”).

A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used, and (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected.

If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The “Warranty Period” starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years, unless applicable law sets forth longer periods as indicated in the country specific section.

During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The “Warranty Claim Period” starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.

In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The “Lack of Conformity Presumption Period” starts on the date of delivery of the Product by NIKE to you and lasts for 1 (one) year, unless applicable law sets forth longer periods as indicated in the country specific section.

Following receipt of your Warranty Claim, Nike will review your Warranty Claim to determine whether or not the Product was defective or non-conforming at the time of delivery and, if so, whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE’s decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.

Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.

This warranty does not apply to Products, which have been altered or modified by you.

This warranty is without prejudice to any commercial warranty.

9.    REFUNDS

In the event of a cancellation (under Section 2.5above), our refusal of your order or a Contract termination (under Section 2.6 above), or return (under Section 7 or 8 above), we will issue refunds based on the original form of payment. For further practical information about refunds, please see the Refunds page under the Get Help section on our website.

When we receive your return, we will inspect the items to confirm they meet the return conditions in our Terms of Sale and returns policy which can be found at the footer of our website. If you exercise your right of withdrawal, we will process your refund within the applicable time limits. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. If the return is made outside the applicable return period, or if the goods are excluded from the withdrawal right under the law (e.g. made-to-measure or clearly personalized items), Nike reserves the right to refuse the return and to send the goods back to you at your expense.

10. EVENTS OUTSIDE OUR CONTROL

An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation, 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, or acts, regulations or restrictions by any public authority.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a.    We will contact you as soon as reasonably possible and notify you; and

b.    Our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration 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 your order or terminate the Contract if an Event Outside Our Control takes place and you no longer want us to proceed with your order or the Contract. Please contact us via the Contact Us section on our website.

11. LIMITATION OF LIABILITY

The total liability of NIKE and any other member of the NIKE Group for any claim with respect to any Products purchased through NIKE Stores or arising out of or relating to these Terms of Sale, regardless of the form of the action, is limited to the amount paid by you for the affected Product, unless you can demonstrate that the actual losses suffered by you are higher in which case NIKE will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that NIKE’s total liability will be limited to EUR 10,000.

The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, or willful misconduct of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.

To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.

12. OTHER IMPORTANT TERMS

12.1.     TRANSFER OF RIGHTS AND OBLIGATIONS

We may transfer the Contract or any rights or obligations arising therefrom at any time. We will notify you if this happens. To avoid any doubt, we hereby state that such transfer shall not prejudice your statutory rights as a consumer or, in any way, cancel, restrict or limit your rights under the Contract.

12.2.     SEVERABILITY

If any section of these Terms of Sale is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful section will be severed from these Terms of Sale; (b) severance of the unenforceable or unlawful section will have no impact whatsoever on the remainder of these Terms of Sale; and (c) the unenforceable or unlawful section may be revised to the extent required to render the Terms of Sale enforceable or valid.

12.3.     WAIVERS

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

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.

13. CHOICE OF LAW/JURISDICTION

Nothing in this section shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. You agree that these Terms of Sale, your order, your purchase and the Contract and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under the applicable laws of your country of residence.

Except where prohibited 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 these Terms of Sale, including but not limited to the purchase of  Products in NIKE Stores shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands. As a consumer, you may also bring a claim before the courts of your country of residence. If you reside in the UK, you may also bring a claim before the English courts.

In case you have a complaint, please contact us via Contact Us section on our website first.

14. COUNTRY SPECIFIC TERMS

If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above.

BELGIUM

Section 8 DEFECTIVE AND FAULTY PRODUCTS is replaced by the following provision:

All Product descriptions, information and materials displayed in NIKE Stores are provided “as-is”, without any express or implied warranties thereon, except as provided by law.

We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to return the Product in case of defects or non-conformity that existed at the time of delivery (hereafter “Non-Conformity”).

A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used, and (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected.

If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within due time and the latest within 2 (two)  months  as from the date the consumer identified the defect  by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The “Warranty Period” starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years, unless applicable law sets forth longer periods as indicated in the country specific section.

During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The “Warranty Claim Period” starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.

In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The “Lack of Conformity Presumption Period” starts on the date of delivery of the Product by NIKE to you and lasts for two (two) years from the delivery of the Product.

Following receipt of your Warranty Claim, Nike will review your Warranty Claim to determine whether or not the Product was defective or non-conforming at the time of delivery and, if so, whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE’s decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.

Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.

This warranty does not apply to Products, which have been altered or modified by you.

This warranty is without prejudice to any commercial warranty.

FRANCE

Section 8 on DEFECTIVE AND FAULTY PRODUCTS is completed with the following provision:

“8.1. Implementation of the guarantee against hidden defects

Nike guarantees that the Products are free from hidden defects within the meaning of the provisions of article 1641 of the French Civil Code, which render the Products unfit for the use for which they were intended or which diminish this use to such an extent that you would not have acquired them or would only have given a lower price for them if you had known about them.

In the event that you observe a hidden defect in the Product, you must notify NIKE within a period of two (2) years from the discovery of said hidden defect of a claim directly on the Contact Us section on the Get Help page on our website or by registered letter with acknowledgement of receipt to the address indicated in article 1.3 of these Terms and conditions. You must return the Product to Nike by contacting customer service as explained above (section 7).

Section 13 on CHOICE OF LAW/JURISDICTION is supplemented with the following provision:

In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”

Section 11 LIMITATION OF LIABILITY: This section is deleted and not replaced.

GERMANY

Section 2.6 on OUR RIGHTS IN RELATION TO YOUR PURCHASES is deleted in its entirety.

Section 11 LIMITATION OF LIABILITY: This section is entirely replaced by:

Any liability of NIKE and its agents, regardless of the legal grounds, is limited to cases of intent or gross negligence. In the event of slight negligence, NIKE shall only be liable if a material obligation is breached, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which makes the contractual performance possible in the first place and upon compliance is regularly relied upon (cardinal obligation). In this case, the liability of NIKE and its agents for a violation of obligations and for tortious acts as well as for claims for reimbursement of fruitless expenses shall be limited to such damages that are foreseeable or typical. Liability for damages due to injury to life, body and/or health remains unlimited.

Section 13 on CHOICE OF LAW/JURISDICTION is entirely replaced with the following provision:

You agree that these Terms of Sale, your order, your purchase and the Contract and any dispute between you and NIKE shall be governed in all respects by Dutch law. Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under German law.

We are not obliged to and will not participate in proceedings before a consumer dispute resolution (ADR) body.

HUNGARY

Except for paragraphs 1 and 2 that will apply, Section 8 on DEFECTIVE AND FAULTY PRODUCTS is deleted and replaced with the following provisions:

In the case of Non-Conformity, you are entitled to exercise the rights set out in Sections 8.1 to 8.3 below. In this case, please contact us via the Contact Us section on our website. If you wish to make a complaint or Warranty Claim in Hungarian regarding a purchase in Hungary, you can contact NIKE’s Hungarian Branch by post. The postal address of NIKE’s Hungarian Branch is the following: 2051 Biatorbágy, Premier Outlet Center, Budaörsi út 4. NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you.

Following receipt of your claim, NIKE will assess your Non-Conformity claim, and whether the remedy requested by you should or can be applied or NIKE will apply another remedy in accordance with applicable law. NIKE will provide notice to you of NIKE’s decision to accept or reject the Warranty Claim, and in case it accepts your Warranty Claim, the remedy that will be applied.

This warranty does not apply to Products, which have been altered or modified by you.

8.1.     Guarantee

In case of Non-Conformity, you can make a claim against NIKE based on the Hungarian Civil Code. You must notify us of the Non-Conformity as soon as you discover it, but no later than two months after discovering the Non-Conformity. Be aware that after two years from the completion of the contract, you can no longer enforce your guarantee claim.

Within one year of performance, guarantee claims require only notification of the Non-Conformity and proof that the product or service was purchased from NIKE. Claims after one year require additional proof that the alleged Non-Conformity existed at performance.

8.2.     Product Guarantee

If any movable goods sold by a business to a consumer (referred to as "products") do not conform to specifications, you have two alternative remedies available: you may either exercise your rights under Section 8.1 above by making a guarantee claim, or alternatively pursue a product guarantee claim under the provisions of the Hungarian Civil Code, giving you the flexibility to choose the most appropriate legal avenue for addressing non-conforming products. A product guarantee claim allows you to demand that the manufacturer or distributor either repair or replace faulty goods, where products are deemed faulty if they fail to satisfy the quality standards required when first brought to market or do not possess the features outlined in the manufacturer's specifications.

You have two years from when the manufacturer placed the product on the market to file a product guarantee claim, and you must prove the product was already defective at that time.

8.3.     Warranty

Warranty rights may be exercised in cases of Non-Conformity affecting durable consumer goods. For new, durable consumer goods subject to mandatory warranty regulations (see this ink), the rights specified in Section 8.1 can be enforced, with repair serving as the primary remedy throughout the warranty period.

However, you can request replacement after the first unsuccessful repair attempt, if repair isn't completed within thirty days of notification, or if the product fails again after three repairs within the warranty period, with refund available if replacement isn't possible.

The warranty period varies by purchase price: two years for items costing 10,000-250,000 HUF, and three years for items over 250,000 HUF. You can exercise warranty rights with a warranty ticket, though its absence doesn't invalidate the warranty if you have a payment receipt, and opened packaging doesn't need to be returned.

Section 13 on CHOICE OF LAW/JURISDICTION is supplemented with the following provision:

If you feel that your complaint has not been addressed properly after contacting NIKE, you are entitled to contact the competent Arbitration Board of your domestic permanent or habitual address or, in the absence thereof, the seat of NIKE’s Hungary Branch and initiate the Arbitration Board's proceedings. NIKE has not made a declaration of submission to the Arbitration Board proceedings and is therefore not bound by the decisions of the Arbitration Boards in cases exceeding HUF 200,000. You can find out which Arbitration Body is competent in your place of domestic permanent or habitual residence on this link.

NETHERLANDS

The second paragraph of Section 9 REFUNDS is removed and replaced by the following paragraph:

When we receive your return, we'll inspect the returned items to make sure that the items meet the return conditions set out in our Terms of Sale and returns policy. If the returned items are extensively worn, damaged, not in resaleable condition or beyond the return timeframe, we won't be able to proceed with our standard refund process. To the extent permitted by applicable law, Nike in such cases reserves the right to claim compensation, including for any diminished value of the Product, and/or send the Product back to you.

POLAND

Section 2.6 on OUR RIGHTS IN RELATION TO YOUR PURCHASES is deleted in its entirety

Section 8 DEFECTIVE AND FAULTY PRODUCTS is replaced with the following provisions:

All Product descriptions, information and materials are displayed in NIKE Stores.

We are obliged to deliver to you the Product that you ordered in NIKE Stores to conform with the Contract, and, subject to this Section 8, you have the right to submit complaint related to the Product in case of non-conformity with the Contract (hereafter “Non-Conformity”). You can submit the complaint in any form by using the following Nike’s contact details included in the Terms.

A Product delivered to you will be deemed to conform with the Contract if: (i) it meets the description, specifications and other features displayed in NIKE Stores, (ii) is suitable for the purposes for which it is normally used , taking into account applicable laws, technical standards or good practices;,  (iii) possesses the qualities and other features normal for products of the same type and that can reasonably be expected taking into account the nature of the Products and the public assurances made by NIKE or persons acting on their behalf; (iv) it is delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive; and (v) it is of the same quality as the design that NIKE made available to the consumer prior to the conclusion of the contract, and correspond to the description of such design.

The “Warranty Period” starts on the date of delivery of the Product by NIKE to you and lasts for 2 (two) years from that time.

NIKE is liable for the lack of conformity of the Products with the contract existing at the time of delivery and disclosed within the Warranty Period.

If the Product does not conform with the Contract, you may request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For this purpose, please refer to Articles 43 a-43 g of the Polish Act of 30 May 2014 on Consumer Rights. For practical information on how to return your Product, see the Returns page under the Get Help section on our website.

Nike may ask you to provide, the following information related to your request, if possible: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you.

Additional legal rights and remedies available to you under applicable mandatory national law with respect to lack of conformity of consumer goods are not affected by this warranty.

This warranty is without prejudice to any commercial warranty.

Section 9 on REFUNDS is replaced with the following provisions:

In the event of a cancellation (under Section 2.5 above), our refusal of your order or a Contract termination (in accordance with these Terms of Sale), or return (under Section 7 or 8 (in case of withdrawal related to the Products which do not conform with the Contract) above), we will issue refunds based on the original form of payment. For further practical information about refunds, please see the Get Help page on our website.

When we receive your return, we'll inspect the returned items to make sure that the items meet the return conditions set out in our Terms of Sale and returns policy.

Section 13 CHOICE OF LAW/JURISDICTION is replaced by:

Any dispute between you and NIKE arising out of or relating to these Terms of Sale, including but not limited to the purchase of Products in NIKE Stores shall be governed in all respects by Polish law and resolved in the courts competent under applicable law.

You have the right to lodge a complaint regarding the functioning of Nike´s Platform. Complaints may be lodged in any way that makes it possible to familiarize oneself with its content. NIKE shall consider the complaint within 14 days of its receipt. The response to the complaint shall be sent to you at the address provided by you in the complaint.

Disputes between NIKE and you may be concluded amicably by way of proceedings before a conciliation court under the rules set out in the regulations of that court, e.g. before permanent conciliation consumer courts at provincial trade inspection inspectors referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, under rules laid down in the Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent arbitration courts at provincial inspectors of trade inspection.

Section 11 LIMITATION OF LIABILITY: This section is deleted and not replaced.

PORTUGAL

Paragraphs 4,5 and 6 in Section 8: DEFECTIVE AND FAULTY PRODUCTS are replaced with the following provisions:

If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The “Warranty Period” starts on the date of delivery of the Product by NIKE to you and lasts for 3 (three) years, unless applicable law sets forth longer periods as indicated in the country specific section.

During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The “Warranty Claim Period” starts on the date you notify NIKE of the defect or non-conformity and lasts for 2 (two) years, counting from the communication of lack of conformity. However, this time limited may be suspended subject to certain circumstances.

In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The “Lack of Conformity Presumption Period” starts on the date of delivery of the Product by NIKE to you and lasts 2 (two) years.

Section 11 LIMITATION OF LIABILITY is entirely replaced by:

To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.

The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, willful misconduct or gross fault of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.

SPAIN

Paragraphs 4, 5 and 6 in Section 8 DEFECTIVE AND FAULTY PRODUCTS are replaced with the following provisions:

If at any time during the Warranty Period (as defined below) a Non-Conformity becomes apparent, you must notify NIKE thereof within the Warranty Period by contacting us via the Contact Us section on our website, risking forfeiture of your rights. The “Warranty Period” starts on the date of delivery of the Product by NIKE to you and lasts for 3 (three) years.

During the Warranty Claim Period, as defined below, you may return the Product and request NIKE to apply the statutory remedies available to you under applicable law, subject to the conditions for invoking such remedies under applicable law (a “Warranty Claim”). For practical information on how to return your Product, see the Returns page under the Get Help section on our website. The “Warranty Claim Period” starts on the date you notify NIKE of the defect or non-conformity and lasts for 3 (three) years, or, if mandatory applicable law requires a longer limitation period, as long as required by such applicable mandatory law as indicated in the country specific section. For practical information on how to return your defective Product, please see the Returns page under the Get Help section on our website.

In connection with your Warranty Claim, NIKE may ask you to provide, among other information: (i) your name, address, email address, and telephone number; (ii) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective or non-conforming Product; and (iii) a written description or photographs of the problem and (iv) the remedy requested by you. If the defect or non-conformity becomes apparent during the Warranty Period but after expiry of the Lack of Conformity Presumption Period (defined below), you may also be asked to provide proof that the Non-Conformity existed at the time of delivery of the Product. The “Lack of Conformity Presumption Period” starts on the date of delivery of the Product by NIKE to you and lasts 2 (two) years.

Section 11 LIMITATION OF LIABILITY is entirely replaced by:

To the extent permitted by law and unless otherwise stated in these Terms of Sale, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.

The limitations set forth in this Section 11 will not limit or exclude liability for death or personal injury, or if it results from the gross negligence, fraud, willful misconduct or gross fault of NIKE or other members of the NIKE Group or for any other matters in which liability cannot be excluded or limited under applicable law.