TERMS & CONDITIONS
These General Terms and Conditions of Sales (“Terms”) apply to Goods and Services sold and supplied by Stimulus Athletic LLC (USA).
We advise you to review these terms closely and ensure that the details of your order are complete and accurate before finalizing your order. We reserve the right to change the Terms from time to time. The version of the Terms in effect at the time you place an order will apply to that particular purchase.
1. Applicability
You are reviewing these Terms because you are using the Stimulus Athletic website, digital experiences, social media platforms, or other products and services offered by Stimulus Athletic, all of which constitute part of Stimulus Athletics’ Platform ("Platform"). These Terms establish a legally binding agreement between you and Stimulus Athletic regarding orders placed for our products.
2. Description of Service
At Stimulus Athletic, our creative team collaborates closely with each client to craft exceptional designs for athletic apparel. We provide customizable athletic gear that reflects your team’s unique identity and inspires confidence on and off the field. Many teams and athletes will settle for generic apparel that leaves them without a true identity. At Stimulus, we work with you to create a custom look that everyone is proud to wear and represent.
3. User Eligibility, Accurate Information, and Use
3.1. User Eligibility
To place an order with Stimulus Athletic, users must be at least 16 years old and intend to use our products as consumers, not resellers.
3.2. Accuracy of Information
By placing an order or making a request, you guarantee that all information you provide to Stimulus Athletic is accurate, complete, and current. It is your responsibility to ensure that the information provided, including contact details, shipping address, and payment information, is up to date and accurate at all times.
3.3. Age Verification
If you are under the age of 18, you must have the consent of a parent or guardian to place an order. Stimulus Athletic may, at all times, request written proof of such consent.
3.4. Prohibited Use
You may not use our services for any unlawful purpose or in any way that violates these terms of service. Additionally, you may not use our services if you have been previously suspended or prohibited from using them.
4. Products and Features
The features, content, specifications, products, and prices presented or depicted on the Stimulus Athletic Platform are subject to alteration without prior notification. While we strive to offer accurate information, some details such as weights, measurements, and similar descriptions are approximations and are included for your convenience.
We put forth diligent efforts to accurately represent our product attributes, including colors. However, actual color perception may differ depending on your computer system, and we cannot guarantee an exact color match. Inclusion of products or services on the Platform during a specific period does not guarantee their availability in the future.
5. Customization and Personalization
5.1. Name Customization
For numerous customized items offered by Stimulus Athletic, you have the opportunity to create a distinctive message using a combination of letters and numbers. It's important to note that Stimulus Athletic retains the sole discretion to decline the usage of any submitted customization. This may occur if the personalization contains a third-party trademark, sports team names, athlete names, or celebrity names that you (or Stimulus Athletic) lack the right to use. Additionally, the customization featuring inappropriate material may be subject to rejection. Should your customization be declined, we will remove the personalization from your order and it will not be printed on your gear accordingly.
5.2. Acknowledgement of Customization Responsibilities
Both the design elements, such as color combinations and other customizations, as well as any personalization, are initiated by you. In instances where this is not the case, you hereby affirm that you possess the requisite authorization to utilize a design or personalization created by another individual.
6. Orders and Acceptance
6.1. Order Acceptance
Each order you place with Stimulus Athletic is subject to our acceptance. We retain the right to review an order in advance and/or decline it without providing explanations, and this action will not create any liability to you or any third parties. If we do not confirm the acceptance of your order within ten (10) working days, it will be considered as declined.
Stimulus Athletic holds the right to assess and decide whether to accept or decline your order based on our internal evaluation. Circumstances where we may opt not to accept your order encompass, though are not confined to, the following:
Product(s) being presented on the Platform but not available or no longer available
Challenges in obtaining authorization for your payment
Applicable shipping limitations for a specific Product
Product(s) exhibited on the Platform with an (apparent) error such as incorrect pricing or inaccurate descriptions
6.2. Outcomes of Order Non-Acceptance
Should we decide not to accept (part of) your order, we retain the right to cancel (part of) your order without creating any liability toward you or any third party. Following the cancellation, a refund for the amount paid toward the canceled (part of the) order will be provided.
Stimulus Athletic holds the authority to cancel your order after the formation of the sales contract, effectively terminating the sales contract, for reasons outlined in this section. Following the cancellation, a refund for the amount paid toward the canceled (part of the) order will be provided.
6.3. Order Acknowledgement and Contract Formation
Upon placing your order, you will receive an email from Stimulus Athletic acknowledging your order. This email will contain your unique order number and detailed information about the Products you have expressed interest in purchasing, as well as any associated delivery services.
6.4. Pricing and Payment
Prices listed on the Stimulus Athletic Platform are in US Dollars as the currency specified. Payment is required in full at the time of placing an order. We accept payment via methods outlined on the Platform. All applicable taxes and shipping charges will be added to the total price. Other payment methods not authorized by Stimulus Athletic is not allowed. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
6.5. Invoicing
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
7. Shipping and Delivery
7.1. Lead Times
We understand that prompt delivery is essential, and we strive to meet your expectations. Our standard delivery timeline is estimated to be within 4 to 6 weeks from the following key milestones:
For online store orders: Starting from the date of store closure
For offline orders: Starting from the date of order acknowledgment
These delivery periods are indicative and should not be considered as strict deadlines. It's important to note that exceeding a delivery period does not entitle you to claim compensation, and by accepting these terms, you waive any right to claim compensation due to delivery period extensions.
7.2. Shipping Charges
Transparent pricing is a priority for us, and therefore, shipping charges are clearly detailed during the checkout process. The responsibility for these charges lies with the customer, and they will be reflected in your order summary.
7.3. Shipping Address and Options
We are committed to delivering to the address you indicate within the USA. Our delivery options encompass home or office addresses, carrier pickup locations, or, if you have chosen the option, the address of the applicable Stimulus Athletic store for in-store pickup. An email notification will be sent to you to confirm the readiness of the Products for pickup.
If an initial delivery attempt proves unsuccessful, you acknowledge and agree that the carrier we have engaged may opt to deliver the Products to a neighboring or nearby address or a designated pickup point. This action fulfills our obligation to deliver the Products, and you will be informed by the carrier about the alternative delivery.
7.4. Split Deliveries and Part Delivery Requests
To expedite the delivery process, Stimulus Athletic may, when reasonable, conduct split deliveries to ensure you receive your Products promptly. Such split deliveries do not incur additional charges. In case you request separate deliveries for specific parts of your order, we may apply extra delivery costs. Each split order constitutes a distinct contract of sale. If, in the event of a delay or a fault in one part of a split order, you retain the right to cancel other parts of the split order.
7.5. Unforeseen Inability to Deliver
In improbable circumstances wherein, after entering into the contract of sale, we are unable to deliver (part of) your order and the situation is beyond our control, we reserve the right to terminate the contract of sale. We are committed to notifying you promptly and refunding any payments made.
7.6. Transfer of Title and Risk Allocation
Upon shipment, the title to the purchased goods is transferred to you, signifying the point at which ownership of the products is conveyed. This transfer of product title is consistent with established industry practices and adheres to relevant regulations.
Moreover, it's important to note that while the product title is transferred to you, the brand identity and intellectual property associated with Stimulus Athletic remain under our ownership. This ensures the distinct ownership of the product itself while preserving the proprietary nature of the Stimulus Athletic brand.
Furthermore, the risk of loss linked to the purchased goods shifts to you at the moment the products are delivered to the carrier. Subsequent to this point, any potential loss, damage, or related issues concerning the products are your responsibility to manage.
8. Returns and Cancellations
8.1. Return/Exchange Policy
Given that our items are custom made to meticulously align with your unique specifications, Stimulus Athletic upholds a strict no return or exchange policy. We encourage you to thoroughly review and confirm the details of your order before finalizing it.
8.2. Defective or Damaged Products
In cases where you receive a product that is defective or damaged, we encourage you to promptly get in touch with our customer service team within 14 days following the receipt of your order. Our team is dedicated to assisting you in resolving such issues. Please go to the Returns & Exchange part of our website. Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments.
8.3. Order Cancellation
You retain the option to cancel any order without incurring charges, provided that the store has not closed and/or we have not entered production. Our processing of orders placed through our online store commences promptly. Please note that customized gears, upon order processing, cannot be canceled, as the production of custom items commences almost immediately upon order placement. Contact us at orders@stimulusathletic.com.
9. Subcontracting and Assignment
Stimulus Athletic reserves the right to engage in subcontracting, transferring, assigning, or novating all or any of our rights and obligations under these terms and conditions. This shall be carried out in a manner that safeguards your rights as stipulated within these terms and conditions. Such actions may occur provided that your rights under these terms and conditions remain unaffected.
However, you are not permitted to sub-contract, assign, or otherwise transfer any of your rights or obligations under these terms and conditions without obtaining our prior written consent. We require that you seek our explicit approval before delegating any of your rights or obligations to a third party.
10. Limitation of Liability
To the extent permitted by applicable law, Stimulus Athletic shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from or connected to the use or inability to use the products or services provided by Stimulus Athletic.
11. Indemnification
By using the Stimulus Athletic Platform, you agree to indemnify, defend, and hold Stimulus Athletic and its affiliates harmless from any claims, liabilities, damages, losses, costs, expenses, or fees arising from your use of the Stimulus Athletic Platform or violation of these Terms.
12. Data Privacy
Stimulus Athletic takes data privacy seriously. Your personal information collected during the course of using the Platform will be treated in accordance with our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and safeguard your data.
13. Media Usage
13.1. Consent for Media Usage
Stimulus may capture and use photographs and videos of players using Stimulus Athletic products for promotional and marketing purposes. Your participation in using our products implies your consent for your media to be used in these materials.
13.2. Scope of Usage
Media featuring players using Stimulus Athletic products may be used in various promotional materials, both online and offline, including but not limited to marketing campaigns, brochures, websites, social media platforms, advertisements, and press releases.
13.3. Right to Decline
If you do not wish to have your media (photographs and videos) appear in any or all of the aforementioned marketing materials, you must notify usin writing. To formally decline, please send an email to info@stimulusathletic.com and indicate your intent. If you choose to decline media usage, Stimulus Athletic will make reasonable efforts to exclude your media from its marketing materials.
14. Force Majeure
Stimulus Athletic shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, labor strikes or disputes, governmental regulations or orders, natural disasters, or technical malfunctions.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the United States of America without regard to its conflict of law principles. Any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located within the USA.
Thank you for choosing Stimulus Athletic. We're excited to provide you with exceptional athletic gear that reflects your unique identity and commitment to excellence! Please send an email to info@stimulusathletic.com if you have further questions.
Unauthorized copying or use of these terms and conditions, in whole or in part, without proper attribution or modification is prohibited and subject to legal consequences.
Property of Stimulus Athletic LLC.