1. INTRODUCTION

These Terms and Conditions (“T&Cs”), together with the Privacy Policy and Cookie Policy, provide information about us and about the goods and services which we provide through this website (the “Website”). Any reference to “we”, “us”, “our” shall be construed as to refer to BDS eSport Ltd (the “Company”). Any reference to “you” or “your” shall be construed to refer to a user browsing, accessing as well as using this Website. These T&Cs apply in respect of all the goods and services provided by the Company on this Website (or via other electronic or other communication from the Company) including any information services, content and transaction capabilities which may be provided from time to time on the Website (including the ability to make a purchase), unless otherwise agreed in writing by the parties. They are an integral component of all goods and services provided by the Company.

2. ABOUT US

The Company is a private limited liability company registered under the laws of Malta, bearing company registration number C 89330 and having its registered address at Swiss Urban Factory, The Trust Office Suite, 5, Saint Frederick Street, Valletta, VLT 1470, and VAT registration number MT26399130.
You can contact us on:
E-mail: support@bdsesport.com

3. GENERAL CONDITIONS

We reserve the right to withdraw or amend the services and products we provide through the Website without notice, provided that there is a valid reason for such withdrawal and/or amendment. Such valid reason includes and shall not be limited to the unavailability of the products/services and technical issues and for any reason which we may provide below. If for any reason our services are not available for any period of time, we shall not be liable. We reserve the right to refuse our services to any person for any reason and at any time. We reserve the right to restrict access to any or all of our products and services to any person. We reserve the right to disable any user or registration accounts, whether created or chosen by you or allocated by us, at any time, if you have failed to comply with any of provisions of these T&Cs. The right whether or not to disable a registration account shall be at the sole discretion of the Company and failure to comply or otherwise shall be assessed by the Company.
Access to the Website is done on your own initiative and you are responsible for any consequences and compliance with any laws which may apply. Any purchase made through the Website and any service provided shall be solely for your personal use and must not be used for any non-commercial or business purposes.

4. CONTRACT

Our Website may be accessed from worldwide and our products may be purchased from the following countries: Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France Germany, Greece, Hong Kong, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Korea, Latvia, Lithuania, Luxemburg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, United States of America, Vietnam.
We shall deliver any purchases made on the Website to any of the above mentioned countries.

4.1. Product Characteristics

The Products offered on this Website consist of a variety of clothing items including t-shirts, shirts, caps and other items such as mousepads and pads and with respect to services offered by the Company.
The following details shall be displayed with respect to each product:
• Name of item • Image of item • Price (including VAT) • Description of the item • Available size and colours* • Wash and care instructions (where applicable) *The Company does not guarantee that the colours displayed on our Website and viewed from your monitor are a true representation of the actual colours of the product. Please note therefore that colours may vary and shall be subject to the quality of your computer monitor. The Company has reasonably endeavoured to display the items as accurately and realistically as possible.
The Company shall reasonably endeavour to ensure that the information on its Website shall be accurate, complete and correct and if the Company is made aware of any error, the Company shall correct it immediately.

4.2. Making a Purchase

1. You are required to create and register an account in order to be able to purchase a product from the Website. You shall not be required to register to browse the Website. In order to register an account on our Website you shall be required to provide us with your title, name, surname, e-mail address, password, billing address, town/city, country/state, postcode/ZIP, phone number (shipping address if applicable). Please see our Privacy Policy for further information on how your personal data is processed.

2. By creating an account, you shall be able to simply access and print your orders, modify your preferences and view your past purchases. We however reserve the right to cancel an account or decline any registration request at any time.

Any password which you create or is allocated to you, following registration of your account, is your responsibility and you are solely responsible for keeping such password safe, in a secure place and confidential. You agree to immediately notify the Company should you become aware of any unauthorised access and/or use by an unauthorised third party of such password and/or your personal e-mail address, used in order to register your account or access any of our products or services, as well as, notify the Company in case of any similar security breach. Further to this, any person to whom you entrust and disclose your password as well as any other confidential data, including details to your account, has been authorised to act as your agent for the purposes of using and/or carrying out transactions with respect to the products and/or services available on the Website.
It shall be solely your responsibility to register your account with a valid personal e-mail address which is regularly accessed. The Company reserves the right to suspend and/or close any accounts without any prior notice, which have been registered using a third parties’ e-mail or a temporary e-mail address. Should the Company become aware or be of the opinion that an invalid e-mail address is being used, the Company reserves the right to require the user to close such account. The Company further reserves the right to close any accounts if it becomes aware or is of the opinion that a user is making use of a proxy internet protocol address for the sole purpose of purporting to be another person, or hiding the use of several registration accounts, or disrupting the Website in any way. You agree to not use multiple logins for the purpose of disrupting a community or annoying other users, otherwise you may have action taken against all of your accounts.

3. After having created your account, you may browse the website and choose any item by clicking on the relevant product/icon. The item shall then appear in your shopping basket.

4. The shopping basket shall contain relevant information about the item which you have selected including the name, size, colour and price including taxes. The price displayed shall exclude transport costs, which shall vary accordingly depending on the delivery method selected and country to where the item(s) are to be dispatched.

5. In order for the Company to send you the item(s) which you have selected, your personal details, which you would have provided us with, including your shipping address shall be required. These shall be stored in our database and shall be treated in accordance with the terms laid out in our Privacy Policy. For your rights and how you may access such personal data, please consult our Privacy Policy. You are responsible to advise the Company immediately of any changes or errors to your personal data in order to avoid any confusion and in order for the Company to provide you with the item(s) which you have purchased. The Company shall send you any promotional material and information which you have requested by means of e-mail.

6. A statement bearing the essential details of your order and contract concluded between you and the Company shall be sent to your e-mail.

Where you place an order through the Website, the Company shall acknowledge receipt of such order without undue delay and by electronic means. Before you confirm your order, the Company shall send you a summary of the order, including the order number, item(s) which you have purchased and the total price (including taxes and appropriate transport costs) as well as order delivery details (including the time when the delivery is expected to take place). You may confirm your order by pressing the ‘Confirm’ button (or any similar icon/wording in relation to confirmation of the purchase). Following such confirmation, you shall have entered into an electronic contract with the Company which shall be legally binding for all intents and purposes.
The order made by the recipient and the acknowledgement of receipt are deemed to have been received when the relevant parties to whom they are addressed are able to access them.
Purchases shall be made by means of the relevant payment gateway of the financial entity which the Company has agreed to come to an agreement with. All purchases are to be made through the payment service provider Truevo Payments bearing address MWH Building, 1st Floor, Oratory Street, Naxxar NXR 2504, Malta. Purchases may be made by using a credit or debit card (MasterCard, Visa and JCB) or PayPal. In order to process your payment, Truevo Payments shall require your necessary personal details. For further information on what personal data may be accessed by Truevo Payments and PayPal please see our Privacy Policy. The Company shall send an e-mail as confirmation of the order to the address indicated by the user with a description of the order and other personal information provided together with an acknowledgement of receipt. If for any reason such e-mail is not received, please contact the Company. This may be due to some temporary technical or communications problem in the network or error in the e-mail which you provided the Company with. An e-mail will also be sent to the user confirming that the relevant product has been dispatched.

4.3. Cases where order may not be accepted

The Company reserves the right to cancel or refuse to accept any confirmed order in the following cases:
1. Lack of product availability; 2. Technical and/or error in the prices displayed or other information on the products displayed on the relevant webpage when the order was made; 3. It has been brought to the Company’s attention or the Company has reason to believe that the user is a minor; 4. In the event that the order may be fraudulent; 5. If the Company was unable to deliver the confirmed order to the address provided. In the event of any of the above-mentioned cases, the Company shall provide full reimbursement of any money that has been paid.

4.4. Product Availability

The Company does not guarantee the availability of the product even after confirmation of the order and each order is subject to the products being available. Should the Company become aware that the relevant product ordered is not in stock, following the order, the Company shall carry out all reasonable efforts in order to locate the item. If, however, this is not possible, the Company shall notify the user without undue delay. The amount charged by the user for such unsent item shall be refunded to the user through the same payment method used to purchase the item.

5. DELIVERY

The Company shall deliver items purchased from its Website by means of international courier company and shall take approximately 2 to 10 working days, depending on the location of where the order needs to be dispatched. The delivery cost is calculated according to the delivery method chosen and goods purchased. Additional charges with respect to delivery shall apply. Delivery prices shall vary depending on the weight and destination of the product ordered. Relevant transport costs shall be calculated accordingly when an item is added to the shopping basket and included in the order summary page where the user shall be requested to confirm the order.
The location of orders may be tracked by means of our Website.

6. RETURNS AND/OR EXCHANGE OF ITEMS

The Company warrants that the goods which you purchase shall be as found in the description, fit for purpose and have the qualities which are normally found in goods of the same type. If you do not think that this is the case, you can ask for a remedy free of charge as provided by law. With respect to the nature of the goods available on our Website, you shall be entitled to a replacement or partial or full refund. You are however not entitled to such remedies if the defect is a result of some kind of misuse.
The Company allows items to be returned by the user within thirty (30) days from date of delivery, should the user not be satisfied with what they have received. However, such right to return shall not be available if the good has been used or damaged. Therefore, except in the case of defective goods, the Company shall not accept and return or exchange used or damaged items.
In order to exchange an item for another, the refund procedure must be followed and a new purchase must be made.
Any returns are to be carefully packaged and include a delivery note or returns form which must be fully completed. Please contact: support@bdsesport.com. The Company shall accept exchanges and returns of items by post at the following address:
Ouikos S.A:R:L., 9 Route des Ecoles, 16720 St-Même-les-Carrières, France
The Company suggests that items should be returned by means of registered mail. Any postage expenses for items being returned or exchanged are to be borne by the user.

6.1 Refunds

When an item is sent back to the Company, the Company shall inspect the item. The Company shall notify the user by e-mail of the outcome of inspection. If the Company is satisfied that the returned item is in good condition it shall either refund the purchase amount, by means of the same payment method used to make the original purchase, or exchange the product and/or size of the product, whichever may apply.
Any refunds shall be carried out between approximately 14 working days from when the item was received by the Company.
The Company shall refund the price of a returned product, including postage expenses, in the event that it has mistakenly delivered an item different to the quality expected or different to the product ordered. Such refund shall be subject to the Company having checked such error or defect. Postage expenses shall be refunded if the user includes a receipt of return expenses in the parcel and shall be reimbursed following the reimbursement of items.

6.2 Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without need to give any reason.
The withdrawal period will expire after fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the good.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail):
E-mail
support@bdsesport.com
Please provide us with your name, geographical address and your telephone number and e-mail address.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

6.3 Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Please note that we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Should you have received any goods, you shall send back such goods or hand them over to us by post, at the address mentioned in this section above, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You will have to bear the direct cost of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note that the right of withdrawal shall not exist in the event that goods ordered are to be made to your specifications or where these are personalised.

7. INFORMATION ON COMMERCIAL COMMUNICATIONS

Any commercial communication which the Company provides shall be clearly identified as a commercial communication and shall clearly identify the person on whose behalf the commercial communication is made. In the event of any promotional offer, including any discount, premium or gift, this shall be clearly identified and relevant conditions shall be made easily accessible to the user. Any promotional competition or game shall be clearly identified and any conditions for participation shall be easily accessible and presented clearly and unambiguously. Unless the Company states otherwise, any promotional material, special offers or discounts shall be valid until the indicated date or while stocks lasts, whichever shall come first. Without any prejudice, to that mentioned in the Company’s Privacy Policy and any laws regulating data protection, details shall be prominently displayed to users of this Website in order to register their choice regarding unsolicited commercial communications, where users are asked to provide information.

8. INTELLECTUAL PROPERTY

All the content, including sounds, music, images, graphs, displays, databases, trademarks, service marks, trade names, designs including other visual or no-literal elements and the “look and feel” of the Website, information, software and their selection and arrangement and all software compilations are the exclusive property of the Company. You agree to not attempt and/or obtain any title over such intellectual property rights. The Company reserves all rights which it may have with respect to its intellectual property rights. Any content mentioned and/or displayed on the Website shall be protected by any applicable intellectual property law, as well as, any other legislation which may apply.
The Company does not authorise any of the content described above to be copied, reproduced, distributed, downloaded, displayed, linked, transmitted, posted in any way, form or medium without the prior written an express consent of the Company. The Company further does not authorise any exploitation as well as the sale, rental, licence or creation of any derivative works, in relation to any of its intellectual property, without the prior written and express consent of the Company.

The Company does not authorise the use of any of its intellectual property rights and website content for any commercial and/or business purposes. Other company names, trade names, products and trademarks, that may be displayed or mentioned on the Website from time to time, as the trademarks of their respective owners and the Company does not purport in any way that is the owner or licensee of such trademarks, except where the Company and the relevant party may have come to an agreement stating otherwise.
With respect to any material, information, ideas, images, concepts and anything similar which you may supply and or communicate to us, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right to use, adapt, modify, distribute, copy, republish, assign, licence and translate. You agree that for any use made of such material, the Company shall not be bound to provide you with any compensation and shall further have exclusive ownership of any existing rights or any rights which may result as a result of such ideas and materials.

9. LINKS TO AND FROM OTHER WEBSITES AND PROHIBITION OF SCREEN SCRAPING

If you decide to access any of the third party websites linked to this Website, you do so at your own risk. The Company shall not be liable for any damage caused by such links to you or any of your electronic equipment by means of these links. The Company does not endorse any such links, any material found on third party websites, or any results that may be obtained from using such links.
You are not authorised to link to and from the Website without the express and written consent of the Company. You are not authorised to remove, distort or otherwise alter any content, including graphics, information, size or appearance of the Website. The Company further prohibits any use or attempted use by any persons accessing the Website from recording data with automated programs, software, or any other method of screen scrapping including but not limited to bots and spiders.

10. STANDARDS AND LIMITATION OF LIABILITY

The Company shall not be liable for any interconnectivity costs, telecommunication costs, telephony costs or any other costs which you may incur and for any costs incurred by the user due to a force majeure event.

11. INDEMNITY

You shall indemnify the Company and any of its officers, directors, employees and agents fully, against any loss, liability or cost, including reasonable legal fees, arising out of or incurred as a direct or indirect consequence of any breach of the T&Cs by you or by any other person authorised by you or by any third party, whether or not authorised by you, using your registration details and/or account, or through your use of the Website.

12. RIGHT TO REDRESS

You have the right to the same legal rights as when you buy goods personally from a brick and mortar establishment.

13. MISCELLANEOUS

Nothing in these T&Cs shall prevent the Company from exercising any rights and remedies that it may have in accordance with the applicable law, as defined below.

14. TERMINATION OF THE CONTRACT:

The Company reserves the right to terminate this agreement if you or any persons authorised by you, or if the Company is of the opinion or made aware of an attempt to breach these T&Cs or carry out any fraudulent conduct or any conduct that may damage the reputation of the Company in any way whatsoever.

15. APPLICABLE LAW AND LANGUAGE

The applicable law to these T&Cs shall be the laws of Malta. The parties submit to the jurisdiction of the Court of Malta. All proceedings shall be conducted in the English language unless agreed otherwise.

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