Sales Terms Conditions
PLEASE READ ALL THESE PROVISIONS ("TERMS AND CONDITIONS") CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO ALL PRODUCTS SOLD BY ELITE VIA THIS WEBSITE ("SITE") AND TO THE ONLINE SERVICES PROVIDED IN SELLING SUCH PRODUCTS. BY ACCESSING THIS SITE AND PLACING AN ORDER YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE ONLINE SERVICES AND DO NOT ORDER PRODUCTS VIA THIS SITE.
ARTICLE I: GENERAL
- 1.1 In these Terms and Conditions unless inconsistent with the context or otherwise specified, the following words shall have the following meanings:
- "Elite" or "us" or "we" means Elite Sportswear L.P. of 2136 N 13th Street, Reading, PA 19604, USA.
- "Online Services" means the transactional online services and other methods provided via this Site for you to order and buy Products.
- "Products" means the Elite products displayed on and/or available to order via this Site.
- "Buyer" or "You" or "you", or any derivation thereof, means a user of this Site and/or any legal entity you represent while using this Site during the course of your employment or engagement by that entity.
- 1.2 This Site is owned and provided by Elite. You agree to comply at all times with Elite's Terms and Conditions of Website Usage (click here to view) when accessing and using this Site.
- 1.3 All sales of Products by Elite through use of this Site are governed exclusively by these Terms and Conditions.
- 1.4 Elite reserves the right to amend, change, alter or remove any of these Terms and Conditions at any time. Amendments will take effect when posted on the Site. It is your responsibility to read the Terms and Conditions before ordering Products. The date of the Terms and Conditions is stated at the top of these Terms and Conditions posted on the Site. The Terms and Conditions current at the date you submit an order will apply until that order is completed by us. Your continued use of the Online Services and submission of orders after any amendments to the Terms and Conditions shall be deemed to constitute your acceptance of such amendments.
- 1.5 Any terms or conditions which you purport to assert over these Terms and Conditions shall not be binding on us. Any terms or conditions proposed or stipulated by any Buyer are expressly waived and excluded. No terms or conditions other than these Terms and Conditions shall be binding unless agreed upon in writing by Elite and Buyer.
- 1.6 You represent and warrant that you have authority to bind any business entity on whose behalf you use the Online Services. Without prejudice to this warranty, we reserve the right to ask you for written authority from the business entity before creating an account or accepting an order for any business entity.
ARTICLE II: ORDERS
- 2.1 Descriptions of Products and price quotations on the Site are not offers to sell and should not be construed by the Buyer as such. All orders for Products from this Site shall be deemed offers from Buyer to purchase such Products. E-mail or other electronic acknowledgement by us of receipt of an order placed by a Buyer does not constitute legal acceptance by us of an order. All orders are subject to express written approval and acceptance by Elite in accordance with Section 5.6 below.
- 2.2 An order submitted by a Buyer may be accepted or rejected by Elite for any reason or no reason.
- 2.3 No order shall be deemed accepted until Elite notifies Buyer in writing (including email) of such acceptance.
- 2.4 The Buyer shall be responsible for ensuring the accuracy of the details provided and Elite will not be liable or responsible for any harm, damages, delay or increased costs caused by any inaccurate information provided by Buyer.
- 2.5 Elite uses all reasonable efforts to ensure that the Products displayed on this Site are available and there is an ample supply to fill Buyers' needs. Nevertheless, there will be instances when Elite is not able to fill Buyers' orders. In such case, Buyers will be charged only for Products actually shipped, and the invoice or receipt will indicate which Products have been back-ordered or cancelled.
- 2.6 Order Cancellation Policy; Since we ship your stock purchases as fast as possible, any item classified as "stock" or "in stock" cannot be cancelled once the order has been placed. Any item classified as "special order" may be cancelled for a limited time prior to being released to production. Please contact customer engagement with any questions on concerns.
ARTICLE III: PRODUCTS
- 3.1 All images, drawings, photographs, illustrations, descriptions or specifications of the Products are for the sole purpose of providing an approximate description of the Products, and the actual Products may differ from these images, drawings, descriptions or specifications displayed on this Site.
- 3.2 Elite reserves the right to substitute like-products of equivalent quality and price if the Products requested by Buyer are not available.
- 3.3 If Buyer receives Products pursuant to Section 3.2 that are reasonably unsatisfactory to Buyer, Buyer may pursue the available remedies specified in Section 7.1 below.
- 3.4 Elite may suspend or discontinue manufacture or sale of any Product without notice or liability to Buyer or anyone.
ARTICLE IV: PRICES
- 4.1 The prices for Products are displayed on the Site. While we try to ensure that prices on the Site are accurate, we are not responsible for errors that may occur. If we discover any errors in the price of Products before we accept your order we will notify you as soon as possible and give you the option to re-submit your order at the correct price or to cancel the order.
- 4.2 Elite reserves the right at any time before shipment to change the price of Products. If Elite raises the price after taking an order, Elite will notify Buyer and Buyer shall be entitled to cancel the order at any time before shipment.
- 4.3 Transportation and shipping costs are not included in prices listed on the Site. Transportation and shipping costs will be calculated on the applicable checkout or shopping pages.
ARTICLE V: PAYMENT
- 5.1 Unless otherwise agreed to by Elite, Elite must receive payment prior to accepting any order. Elite shall be entitled to cancel or suspend delivery of any installment or order without liability (whether under the same or any other contract between Buyer and Elite) if you fail to make payment when due.
- 5.2 Payment must be made according to the terms specified on the checkout page on the Site.
- 5.3 By placing an order, Buyer consents to paying the price in full; and accordingly, Buyer consents to the price of the Products being charged to Buyer's credit card account provided on the Site, unless Elite has agreed to extend credit to Buyer.
- 5.4 All prices are quoted "FOB Elite's Plant." Therefore, title to the Products passes to Buyer when the Products are tendered for delivery by Elite to the carrier. Until Elite has received payment in full for the Products, Elite retains a security interest therein.
- 5.5 Buyer will be issued an electronic acknowledgement of receipt of order to the email address provided by Buyer once the order has been received.
- 5.6 No contract exists until Elite accepts Buyer's order by confirming that Elite has shipped Buyer's order. Elite's acceptance of Buyer's offer will be deemed complete when Elite issues and sends the shipment to Buyer.
- 5.7 If payment is made via credit card, we will process a $1 authorization at the time of your order to make sure the payment method is valid. This authorization is not a charge, but your bank may hold the authorized funds ($1) as unavailable until the authorization expires.
ARTICLE VI: DELIVERY
- 6.1 Upon notification of acceptance of an order in accordance with Section 5.6 above, the Products will be shipped from Elite to Buyer in the manner prescribed in such acceptance; but in any event, Elite will use reasonable efforts to see that the In Stock Products are shipped not later than 30 days after acknowledgement of order and that Special Order Products are shipped according to the published Estimated Ship Dates at the time the order is placed.
- 6.2 The Products shall be delivered to the address indicated on the order form. Elite will not, however, deliver to Post Office (P.O.) boxes or shipping agent addresses.
- 6.3 All delivery timeframes are subject to Products and delivery slot availability. Time is not of the essence unless Elite otherwise agrees. If an order consists of more than one Product, Elite may deliver such Products separately, at different times, and by different carriers.
- 6.4 The contents of the order and the delivery postcode area will determine which delivery services are offered. Elite cannot guarantee an exact time of delivery.
- 6.5 Risk of loss or damage to the Products passes to Buyer when the Products are tendered for delivery by Elite to the carrier; and consequently, any loss or damage that occurs during shipping or delivery is Buyer's responsibility.
- 6.6 Elite shall not be responsible for any loss, delay or harm caused by a delay in delivery.
ARTICLE VII: RETURNS
- 7.1 This section only applies to stock Products and not to special orders. Consumers shall inspect the Products within thirty (30) days of delivery. If on such inspection Consumer discovers any manufacturing defect Consumer must notify Elite of such manufacturing defect within the thirty (30)-day period. Failure to inspect the Products and to notify Elite if such Products are defective within such period will be deemed an acceptance by Consumer of the Products. Providing Consumer has given Elite notice of a manufacturing defect within such thirty (30)-day period, Consumer may return defective Products to Elite and Elite will then have the option to either refund Consumer's payment or replace the Products. In any event, Elite shall have no liability for defective Products beyond the direct cost of replacement.
- 7.1.1 This section only applies to stock Products and not to special orders. Dealers/Clubs shall inspect the Products within sixty (60) days of delivery. If on such inspection Dealer/Club discovers any manufacturing defect Dealer/Club must notify Elite of such manufacturing defect within the sixty (60)-day period. Failure to inspect the Products and to notify Elite if such Products are defective within such period will be deemed an acceptance by Dealer/Club of the Products. Providing Dealer/Club has given Elite notice of a manufacturing defect within such sixty (60)-day period, Dealer/Club may return defective Products to Elite and Elite will then have the option to either refund to Dealer/Club's payment or replace the Products. In any event, Elite shall have no liability for defective Products beyond the direct cost of replacement.
- 7.2 This section only applies to stock Products and not to special orders. Buyer may return stock Products to Elite ("Returns") for any reason for an exchange or Refund, providing, however, such Products were not used, or worn are returned in the original packages with original tags attached, and pass Elite's quality inspection. Any returns pursuant to this Section 7.2 must be made within thirty (30) days of delivery for Consumers and sixty (60) days of delivery for Dealers/Clubs.
- 7.2.1 Specially ordered and Custom Products (including stock Products that are ordered with embellishments) may be returned only for manufacturing defects within six (6) months from the date of receipt of merchandise. Providing Buyer has given Elite notice of a manufacturing defect within such six (6) month period, Buyer may return defective Products to Elite, and Elite will then have the option to either repair or replace the Products. In any event, Elite shall have no liability for defective Products beyond the direct cost of replacement.
- 7.3 Returns should be sent via FedEx, UPS or U.S. Mail and are at the Buyer's sole risk and expense.
- 7.4 Risk of Loss for Returns remains with the Buyer until Elite accepts the Return. If for any reason Elite rejects the Return (e.g., garments were worn or used, too much time had passed, etc.), Buyer is responsible for any damage or harm the Return might suffer while in transit.
ARTICLE VIII: LIMITATION OF LIABILITY
- 8.1 Elite shall not under any circumstances be held liable for damage not resulting directly from the cost of replacing defective Products.
- 8.2 Elite shall not be liable for any interruption or reduction in business, loss of revenue, loss of earnings, indirect or consequential damages, punitive damages or any other commercial, economic or financial loss caused by the Products or any other cause.
- 8.3 Elite does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products, other than as specifically provided with respect to specific Products.
- 8.4 EXCEPT THOSE EXPRESS WRITTEN WARRANTIES MADE BY ELITE IN THIS SITE OR ELSEWHERE, ELITE DISCLAIMS ALL WARRANTIES WITH RESPECT TO PRODUCTS INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- 8.5 BUYER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER THE LAWS OF THE JURISDICTION WHERE BUYER IS LOCATED THAT MAY NOT BE WAIVABLE UNDER ITS LAWS.
ARTICLE IX: CONFIDENTIALITY
- 9.2 Elite will only use such information described in Section 9.1 above to process orders and manage future commercial relationships with Buyer, and will not use Buyer's confidential information for personal use or to violate any law.
- 9.3 Elite will not data mine or disseminate such information as described in Section 9.1 above to any third-parties, unless compelled by a valid judicial ruling or demand from a legitimate governmental authority.
ARTICLE X: INTELLECTUAL PROPERTY
- 10.1 If Elite produces or manufactures Products specific to Buyer's request, including designs, logos, color schemes, etc., Buyer shall indemnify and hold Elite harmless against all losses, damages, costs and expenses incurred by Elite in connection with any claim of infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights ("Intellectual Property") of any person that results from Elite's use of Buyer's specification.
- 10.2 Buyer agrees to pay all reasonable attorneys fees incurred by Elite in defense of any action relating to or claim of Intellectual Property infringement against Elite resulting from or related to the designs or specifications provided by Buyer.
ARTICLE XI: FORCE MAJEURE
- 11.1 Elite shall be under no liability for any delay or failure to deliver the Products or otherwise perform as specified in these Terms and Conditions in the event that the manufacture, supply or delivery of the Products is prevented or delayed by any act or circumstances beyond Elite's reasonable control, including but not limited to an act of God, legislation, water, fire, drought, war, act of terrorism, civil disturbance, failure of power supply, delivery failure of suppliers, blackout, strike, or other action taken by employees in connection with a trade or labor dispute.
ARTICLE XII: ASSIGNMENT
- 12.1 This contract shall not be assigned by Buyer unless agreed upon in writing by Elite.
- 12.2 Elite reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third-party.
ARTICLE XIII: GOVERNING LAW
- 13.1 This contract shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America, excluding its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the sale of Products.
- 13.2 Buyer agrees to bring any claim or suit that names Elite as a party, or otherwise involves Elite directly or causes Elite to be hailed into court, solely in, and submits to the exclusive jurisdiction of, the Court of Common Pleas, Berks County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania.
- 13.3 Should there be any dispute regarding the meaning or enforcement of this contract, the English language version of these Terms and Conditions is deemed to be the only official version.
ARTICLE XIV: SEVERABILITY
- 14.1 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of this Agreement shall not be affected
ARTICLE XV: GENERAL PROVISIONS
- 15.1 The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.
- 15.2 Nothing in these Terms and Conditions shall be deemed to constitute a partnership or agency between Buyer and Elite.
- 15.3 These Terms and Conditions including the documents or other sources referred to herein supersede all prior representations understandings and agreements between you and Distributor relating to the Online Services and sale of Products and sets forth the entire agreement and understanding between you and Elite relating to the supply of Products.
- 15.4 No delay or failure by Elite to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Elite. By clicking "I Accept These Terms", the Buyer unconditionally accepts these Terms and Conditions without reservation.