Terms & Conditions
Welcome to brand5sports.com (“Site”). This Site is owned and operated by Brand 5 Sports, LLC (“BRAND 5,” “we” or “our”) and maintained as a service for our customers. Your use of the Site and/or submission of any information to us through the Site constitute your agreement to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy without limitation or qualification.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY (SO THAT CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE UNLESS YOU: (A) AGREE TO THESE TERMS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD AND ARE NOT A RESISDENT OF OR LOCATED IN THE EUROPEAN ECONOMIC AREA OR ANY OTHER COUNTRY SUBJECT TO GDPR; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. If you are under age 18, you should use the Site only with a parent or guardian.
1. Agreement. These Terms apply to your purchase of products and from the Site. These Terms are subject to change at any time without prior written notice by BRAND 5. The most recent version of these Terms will be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes made in the Terms since you last reviewed them.
2. Orders. When placing an order on our Site, you are effectively offering to purchase the products you select. We reserve the right to accept or reject any order in our discretion. We will only accept or reject an order in its entirety and we will send you an email either way to confirm your purchase or explain why it was not accepted. We reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. If you refuse to accept delivery of your order without prior authorization from BRAND 5, we will deduct a 10% re-stocking fee and the cost of return shipping from your return credit. Retailers must also order through the Site by entering their EIN when prompted.
3. Payment Terms. All applicable prices for each product are shown alongside the goods offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer will be in a separate document (like a separate page in the Site or a mailer) that shall govern its applicability (and, in the event of a conflict between prices in the Site or in that document, the document will govern). You will be responsible to pay the prices stated in the Site at the time of your transaction plus any applicable sales, use, excise, and related taxes; and shipping and handling charges (except retailers do not pay sales tax). Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal).
4. Shipping Information. We will ship your accepted order to you at the address you provide when making the order. We use third-party shippers so BRAND 5 is not responsible for any shipping delays, mis-delivered or stolen packages. It is your responsibility to contact the shipper directly and resolve any shipping issues. BRAND 5 has no recourse with our shippers.
5. Returns and Exchanges. If you, for any reason, are not satisfied with your order, you may return or exchange it; provided: (a) the products were purchased at regular price; (b) your return is made within fourteen (14) days of delivery; and (c) the merchandise is returned in new, unused, condition with all original packaging. Any items showing signs of use or opened or damaged packaging will not be accepted for return or exchange. The following conditions are required for exchanges:
- Rackets must have the original plastic wrap on the handle with no signs of damage, no signs of wear or use on the strings and returned in the original shipping box with original poly bags and bubble wrap protectors.
- Apparel must be in the original packaging with all tags and/or stickers still attached, unwashed and free of makeup smudges or deodorant marks.
You bear the risk of loss or damage during shipment and should obtain appropriate insurance for the return shipment. Your refund will be credited back to the same payment method used to make the applicable purchase.
6. Your Representations & Warranties. Individual purchasers represent and warrant to BRAND 5 that you: (a) have the right to enter any transaction without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) will use the goods we provide exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (c) that you are buying goods or services from the Site solely your own use, and not for resale or export. Retailers represent and warrant that they will abide by BRAND 5 promotional guidelines and are buying goods for resale to individual consumers and club teams.
7. Limited Warranties.
(a) Tour Carbon Fiber Frames – BRAND 5 warrants its tour carbon fiber frames to be free from defects in materials and workmanship for a period of 6 months from the date of purchase. This limited warranty excludes damage or failure due to misuse or accidents, string breakage or frame failure due to restringing at ultra-high string tension. Always follow recommended string tension shown on the racket’s top cap, and proper string pattern posted for download on the BRAND 5 site. If a racket frame failure occurs, do not cut the strings as this voids the warranty. Performance problems due to restringing rackets in a non-recommended string pattern will void warranty.
(b) Tour Court Apparel – BRAND 5 warrants its tour court apparel to be free from manufacturing defects for as long as the original owner owns it.
8. Warranty Claim Process.
To file a warranty claim, contact warranty@brand5sports.com. Your message must include your original order number, like this: “Order# _______ Warranty Claim.” Please attach photos of the defective item and include a brief description of issue. Please note, you may be asked to return the item for evaluation. BRAND 5 will not reimburse you for unapproved shipping costs. If asked, please securely package the merchandise and return with prepaid shipping label. Warranty and exchange items must first be received and approved by Brand 5 Sports before processing begins. Your warranty or exchange item will be processed within 4-6 weeks.
9. Disclaimer. Subject to applicable law, BRAND 5 offers no additional or further warranties and provides all products to you without other express or any implied warranties of any kind (including without limitation any: (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BRAND 5’s OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR THE GOODS. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
11. Ownership. This Site is owned and operated by BRAND 5. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by BRAND 5 or by our respective third party authors, developers and vendors. Except as may be expressly stated on the Site or in these Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of BRAND 5’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted are reserved. Retailers may use the BRAND 5 trademarks as provided in the promotional guidelines.
12. Limited Permission to Download. BRAND 5 grants you permission to download, view, copy and print the Materials found on BRAND 5 on any single, stand-alone computer solely for your personal, informational use (not any commercial use) provided that (a) any copyright and trademark notices are not altered or removed, (b) the Materials are not used on any other website, social media or any networked computer environment, and (c) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes. Retailers must use the Materials as provided in the promotional guidelines.
13. Links to Third Party Sites. The Site may contain links to websites controlled by parties other than BRAND 5 (each a “Third Party Site“). BRAND 5 may work with a number of partners and affiliates whose sites are linked to our Site but BRAND 5 is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. BRAND 5 makes no guarantees about the content or quality of the products or services provided by such sites. BRAND 5 is not responsible for webcasting or any other form of transmission received from any Third Party Site. Any Third Party Site link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by BRAND 5 of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that BRAND 5 is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding links or content located on any such Third Party Site. Retailers may link to the Site as provided in the promotional guidelines.
14. IP Law Compliance. When accessing the Site, you agree to obey the law respecting the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your BRAND 5 user account.
15. DMCA Notice. If you believe that any Materials on the Site infringe your copyrights, you may seek the removal of such Materials by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to BRAND 5’s designated copyright agent: Copyright Agent, Brand 5 Sports, LLC, PO Box 555, Winfield, Illinois 60190 or email to copyrightagent@brand5sports.com.
16. Inappropriate Content. When accessing the Site you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. BRAND 5 reserves the right to terminate or delete such content from its servers and terminate your access to the Site if you repeatedly post content that BRAND 5 reasonably believes infringes another party copyright or these Terms. BRAND 5 will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
17. No Third-Party Beneficiaries. These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
18. Force Majeure. BRAND 5 shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
19. Assignment. BRAND 5 may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
20. Partial Invalidity. In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
21. Governing Law and Binding Arbitration. These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. The arbitration shall take place in Dupage County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section 21 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
22. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
23. Notices. We may provide notices to you by: (a) email; (b) regular mail; or (c) posting them on the Site in your account section. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email to admin@Brand5Sports.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: Brand 5 Sports, LLC, PO Box 555, Winfield, Il 60190.
24. Entire Agreement. These Terms, along with any instructions that we provide you relating to any goods you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to their subject matter.
Posted 5/17/2019
