Terms And Conditions
Last updated: 26 April 2022
Effective as of: 1 April 2022
Please read these Terms and Conditions carefully before using or obtaining any content, product or services through our website (defined below), as they contain important information, including information about limitations of liability and resolution of disputes through arbitration rather than in court.
We may change, revise, or add to these Legal Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Legal Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of conspicuous notice or any modification will indicate that you have agreed to be bound by those Legal Terms. Your use of the Service will be subject to the Legal Terms in effect at the time of your use.
In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service.
“TEQBALL USA”, “we”, “us” or “our” refers to Teqball USA Limited Liability Company, a company registered in California, USA at the California Secretary of State under n° 201616710107, having its registered address at 10811 Washington Blvd, Culver City, CA 90232, California, USA, with VAT n° 81-3066064.
“Teqball Group” refers to the following legal entities: Teqball Holding S.à r.l. (Luxembourg) [registered seat: 44 Avenue John F. Kennedy, L-1855 Luxembourg, LU; registered with RCS Luxembourg under n° B191050]; TEQBALL Kft. (Hungary) [registered seat: Expo tér 5-7., H-1101 Budapest, Hungary; registered with the Budapest-Capital Regional Court under n° 01-09-174699]; Teqsports Kft. (Hungary) [registered seat: Expo tér 5-7., H-1101 Budapest, Hungary; registered with the Budapest-Capital Regional Court under n° 01-09-371772]; Teqball International Ltd. (Ireland) [registered seat: 16/17 College Green D02 V078 Dublin 2, Ireland; registry n° 556927]; Teqball Ltd. (UK) [registered seat: 5th Floor 167 - 169 Great Portland Street, London, England, W1W 5PF; registry n° 08503971]; International Teqball Federation (“FITEQ”) (Hungary) [registered seat: Expo tér 5-7., H-1101 Budapest, Hungary; registry n° 01-02-0017651].
“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
“Service” means the Website, Content, including but not limited to the ability to post comments, ask questions, provided by Decathlon.
“User” or “Users” or “you” or “your” refers to the individual(s) visiting or using the Website.
“Website” means the webshop located at www.teqshop.us.
2. General Terms
2.1 Condition of Use
As a condition of your use of the Service, you warrant that:
- you are at least 18 years of age (in case of Puerto Rico: at least 21 years of age);
- you possess the legal authority to create a binding legal obligation;
- you will use the Service in accordance with these Terms and Conditions;
- you will only use the Service in accordance with applicable laws;
- all information that you will supply to the Service will be true, accurate, current and complete; and
- if you have a customer account you will safeguard your account information and will supervise and be fully responsible for any use of your account by you and anyone other than you.
2.2 Modifications to the Service
TEQBALL USA reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
2.3 Account Registration
You are free to use the Service without providing us with information that may identify you specifically. You can also elect to register on our Website to make shopping easier and to take advantage of the offers or promotions we may offer.
To use the Website to purchase any of our products or services, you will be asked to provide certain information about yourself. TEQBALL USA can provide you with proper service only if all the information you provide when making an order or registering on the Website or filling out our forms is correct, current and complete.
2.4 Online Purchase and Terms of Sale
The Website allows you to make online purchases of our products or services. All purchases through our Website or as a result of visits made by you are governed by our Terms of Sale, Buy Now & Pay Later Terms, Returns and Refunds Policy, and Warranty Policy, which are hereby incorporated into these Terms and Conditions. Please read these documents carefully, as they are binding on us and on you.
2.4 Errors, Inaccuracies, and Omissions
The Website may contain typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or product availability. TEQBALL USA reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
2.6 Accuracy of User Information
In using the Service you agree to provide current, complete and accurate information for the purchases you make including billing, shipping and account information, if you chose to set up a user account. You agree to promptly update your account information, including your email address, credit card number(s) or other payment information, so that TEQBALL USA can complete your transactions and contact you if required to do so.
The Service is provided free of charge to you. TEQBALL USA reserves the right to suspend or terminate the operation of, or access to, all or any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access and use to all or any part of the Service at any time in our sole discretion.
2.6 Survival of Terms
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions survive any termination.
3. Privacy and Account Security
3.2 Account Security
If you choose, or are provided with, a user name, password or any other piece of information for the creation of a user account, you must treat such information as confidential. You must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Website using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer or Internet connection so that others are not able to view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You are solely responsible for any purchase, or any other activity made under your user name/password unless you have previously notified us of this loss or compromise.
4. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using this Website or its content:
- In any way that infringes or violates any international, federal, provincial or state regulations, rules, laws or local ordinances;
- To solicit others to perform or participate in any unlawful acts;
- To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against others;
- For any obscene or immoral purpose;
- To infringe upon or violate Decathlon’s intellectual property rights or the intellectual property rights of others;
- To submit false or misleading information;
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
Additionally, you agree not to:
- Use the Website in any manner that could affect the functionality or the operation of the Service.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Introduce any viruses, trojan horses, worms, logic bombs or malicious or technologically harmful material;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
5.1. All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other Users of the Website may post to the Website or transmit using the Website (“User-Generated Content”) do not represent the views of TEQBALL USA and the TEQBALL Group, and we do not control this User-Generated Content. In no event shall you represent or suggest, directly or indirectly, TEQBALL USA’s or TEQBALL Group’s endorsement of User-Generated Content. We do not vouch for the lawfulness or accuracy or credibility of any User-Generated Content on our Website and does not take any responsibility or assume any liability for any actions you may take as a result of reading User-Generated Content on our Website. For the avoidance of doubt, the term User-Generated Content does not fall under the definition of Content as per this Terms and Conditions.
5.2 Users are responsible for anything that may happen in their name and for their computer terminal. Users undertake to notify TEQBALL USA immediately, in the event that it has reason to believe that their nickname or e-mail address is or may be known by an unauthorized person to use. TEQBALL USA disclaims any responsibility for the use of personal data of a user by an unauthorized third party.
5.3 The Website may only be used for personal and not commercial use. The User may not in any case provide commercial information or carry out any business on the Site, in any manner whatsoever and for any purpose whatsoever.
This section 5 applies to TEQBALL USA’s and TEQBALL Group’s social media sites as well.
6. Intellectual Property Rights
6.1 TEQBALL IP
Users acknowledge that the Website and its Content (including, but not limited to, pictures, videos, other graphic representations, descriptions, databases, or the general layout and design, however, not including the intellectual property of our service providers [e.g. Shopify]) are TEQBALL Group’s intellectual property protected by copyright. Users further acknowledge that the Content may include certain elements protected by, especially, but not exclusively, trademarks and designs, all rights to which are held by TEQBALL Group (hereinafter jointly referred to as: TEQBALL IP).
6.2. License to TEQBALL IP
Users shall use the Website and the Contents strictly for the purpose of purchasing products or otherwise availing themselves of our services, in accordance with the present Terms and Conditions, and any applicable legal provisions protecting the TEQBALL IP.
Users shall not reproduce, disseminate, copy, modify, edit, improve, adapt, translate, multiply, integrate into or extract the entire content or any part of TEQBALL IP, create derivative work therefrom, publicly perform or display, make available, broadcast, transmit, sell, distribute or communicate it to the public or third parties, or use the TEQBALL IP in promotional or marketing materials, press releases, public announcements or advertisements without the prior written authorization of TEQBALL USA, or if otherwise provided for by any applicable legal provisions protecting the TEQBALL IP. Users shall not contest, dispute, challenge, oppose or seek to cancel the TEQBALL Group’s right, title, or interest in or to TEQBALL IP. Customer shall not apply for registration of the TEQBALL IP or intellectual property substantially similar, in whole or in part, thereto.
6.3. License to User-Generated Content
Without prejudice to section 5 hereof, User-Generated Content remains the intellectual property of the individual User. By posting User-Generated Content on our Website, you grant TEQBALL USA a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
This section applies to TEQBALL USA’s and TEQBALL Group’s social media sites as well.
6.5 Submissions Policy
TEQBALL USA does not accept any unsolicited submissions regarding new or improved products. We will treat all submissions you provide to us as non-proprietary and non-confidential.
6.6 Digital Millenium Copyright Act (“DMCA”) Notice
In operating the Website, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites (not including the websites of the members of the TEQBALL Group). As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Website. (For the avoidance of doubt, such materials and content do not fall under the definition of Content as per this Terms and Conditions.)
If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. You may file such notices using firstname.lastname@example.org. When doing so, please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.
7. Communications by Us
7.1 Electronic Communications about Your Order
You agree that we may communicate with you electronically, and that we can send you information about your orders via e-mail, such as emails regarding your order confirmation, order status, and shipping confirmation.
7.2 Electronic Communications, Agreements, Notices and Disclosures
You agree that all agreements, notices, disclosures, and other communications we send to your electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.
7.3 Commercial Communications
8. Third Party Links and Third-Party Websites
The Website may contain links to third-party websites. When you access other websites from links on this Service, those websites may operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third-party website or services. We have no control over such third-party websites. We are not responsible for any content on or available from such websites. We will not be responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.
9. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
EXCEPT OTHERWISE PROVIDED IN OUR WARRANTY POLICY THE SERVICE AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER TEQBALL USA NOR ANY OF ITS TEQBALL GROUP MEMBERS, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY "TEQBALL ASSOCIATES") MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE OR ITEM OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.
SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TEQBALL USA AND TEQBALL USA ASSOCIATES’S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liabilities
TEQBALL USA, TEQBALL ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TEQBALL USA, AND TEQBALL ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND TEQBALL USA AND TEQBALL ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM SHALL NOT EXCEED $50.00. (U.S. DOLLARS).
You agree to defend, indemnify and hold harmless TEQBALL USA and Teqball Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Legal Terms or your use of the Website.
12. Force Majeure
Under no circumstances will TEQBALL USA be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, hardware failures, software failures, electrical power failures, telecommunication equipment failures, other equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, war, labor or materials shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.
13. Dispute Resolution
13.1 Informal Dispute Resolution
TEQBALL USA wants to address your concerns without needing a formal legal proceeding. Before filing a claim against TEQBALL USA, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or TEQBALL USA may bring a formal legal proceeding.
13.2 Use of Arbitration
You agree that any claim or dispute (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and TEQBALL USA arising out of or relating to the Service, or any other products, services or item obtained through the Service will be governed by the arbitration procedure below.
Disputes will be arbitrated by a mutually agreeable neutral arbitrator. If we cannot agree on the selection of an arbitrator within thirty (30) days of the date that the request for arbitration was received the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the now-current JAMS Comprehensive Arbitration Rules & Procedures unless a different set of rules are agreed upon. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.
Upon filing of the arbitration demand, TEQBALL USA will pay all filing, administration, and arbitrator fees for the arbitration proceeding, which shall ultimately be borne by the unsuccessful party pursuant to the arbitrator’s decision. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
Any legal suit, action or proceeding arising out of, or related to, these Legal Terms shall be instituted exclusively in the relevant state or federal courts located in the state of California although we retain the right to bring any suit, action or proceeding against you for breach of these Legal Terms in your county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.4 Limitation on Claims
Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to these Legal Terms or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred.
14. Miscellaneous Terms
14.1 Governing Law
All matters relating to the Service or these Legal Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of laws principles.
14.2 Entire Agreement
You may not assign or transfer these Legal Terms or any rights or licenses granted herein without TEQBALL USA’s consent. Any attempt by you to assign these Legal Terms or any rights or licenses granted herein, without such consent, will be null and void. TEQBALL USA may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.4 Waiver and Severability
TEQBALL USA’s failure to enforce any right or provision of these Legal Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TEQBALL USA.
If any provision of these Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
14.5 Responding to Legal Process
TEQBALL USA may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over TEQBALL USA (“Legal Process”) that TEQBALL USA believes to be valid. Where permitted by applicable law, we will use reasonable efforts to provide you notice of any such Legal Process by sending a copy to the email address associated with your user account. TEQBALL USA is not responsible for any direct or indirect losses that you may incur as a result of our complying with the Legal Process.
14.6 Section Titles and Numbering
Section titles and numbering used in these Terms and Conditions are solely for convenience. They have no legal or contractual significance.
15. How to Contact Us
This Website is operated by TEQBALL USA LLC and powered by Shopify.