Terms of Service – Behind The Racquet

BEHIND THE RACQUET LLC’S (“we” “us”) website(s) (our “site” or “sites”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.behindtheracquet.com. We recommend you should keep a copy of the TOS for future reference.

If you have any comments about BEHIND THE RACQUET, LLC (“BEHIND THE RACQUET”), you can email us at contact@behindtheracquet.com.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We reserve the right to only accept orders from those over 18.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

1. Registration and account terms and conditions

To use some of the services or features made available to you on this site you may need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address contact@behindtheracquet.com. We may also change registration requirements from time to time.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care Team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Please refer to our Privacy Policy for information about how we use your data. 2. Eligibility to purchase

In order to make purchases on the site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The site is available only to individuals and others who meet the BEHIND THE RACQUET terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to BEHIND THE RACQUET, whose applications are acceptable to BEHIND THE RACQUET and who have authorized BEHIND THE RACQUET to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. BEHIND THE RACQUET may restrict the quantities of an item being shipped to any one customer or address.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where BEHIND THE RACQUET feels necessary and to the extent permitted by the applicable laws, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data. 3. Orders

To place an order, you must add items to your Shopping Bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.

All orders are subject to acceptance and availability, and items in your Shopping Bag are not reserved and may be purchased by other customers.

BEHIND THE RACQUET offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once the stock has been delivered to BEHIND THE RACQUET. BEHIND THE RACQUET will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at BEHIND THE RACQUET. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our site, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please be aware that on occasion, certain products that are in particularly high demand will sell out during this period.

BEHIND THE RACQUET will store a record of your transactions for a minimum of one year.

We have made every effort to display as accurately as possible the Colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

4. Pricing policy

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged where applicable. No other tax or import duty will be applied to orders shipped within the USA.

All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

5. Sale pricing policy

BEHIND THE RACQUET will offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your BEHIND THE RACQUET account in the form of store credit.

We are unable to offer price adjustments on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

6. Acceptance of your order

Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

On the confirmation page of your order, we will provide you with an order summary of each product, the price (including all applicable fees and taxes), and the cost of shipping.

Your order is an irrevocable offer to buy the products. Before proceeding to purchase, please check the order details and correct any possible errors.

Unless you cancel your order, acceptance of your order and completion of the contract between you and BEHIND THE RACQUET will be completed when we email you to confirm the goods have been dispatched. English is the language used for finalizing the contract. Neither our third- party payment processor nor our nominated courier has the authority to accept an order on behalf of BEHIND THE RACQUET.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time when the transaction or service does not comply with our business policy, or in the event where there are reports or suspicion of fraudulent or illegal activity. In these events, we will not be liable for refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To the extent permitted by the applicable law, we will not be liable to you or any third party by reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the site. We reserve the right not to accept orders received from users who are acting for commercial and professional purposes. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover a patent error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price, provided that the error was recognizable, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is patently priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

7. Payment

Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to BEHIND THE RACQUET, we will not be liable for any delay or non-delivery.

We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered BEHIND THE RACQUET user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, BEHIND THE RACQUET uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.

8. Gift cards

Gift Cards are not available to purchase.

9. Insurance and delivery and shipping

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

BEHIND THE RACQUET insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by BEHIND THE RACQUET, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that BEHIND THE RACQUET can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize BEHIND THE RACQUET to leave the package(s) at the shipping address without obtaining a signature and release and indemnify BEHIND THE RACQUET from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

Please note that we aim to dispatch all orders within 72 hours, or 96 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. BEHIND THE RACQUET is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

Lastly, BEHIND THE RACQUET reserves the right to implement a flat rate shipping fee for any and all domestic and/or international orders.

10. Returns and Exchanges
There shall be no returns. There shall be no exchanges. 11. Intellectual property rights

Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including BEHIND THE RACQUET Software and all HTML and other code contained in this site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by BEHIND THE RACQUET and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

12. Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. BEHIND THE RACQUET tries to ensure that the information on this site is accurate and complete. BEHIND THE RACQUET does not promise that BEHIND THE RACQUET’s Content is accurate or error-free. BEHIND THE RACQUET does not promise that the functional aspects of the site or BEHIND THE RACQUET’s Content will be error free or that this site, BEHIND THE RACQUET Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of BEHIND THE RACQUET and we accept no responsibility for any such views expressed in any media.

13. No commercial use

This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this site. You may not use this site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

14. Your activity

You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this site on a temporary or permanent basis.

15. Third party sites

We may include hyperlinks on this site to other websites or resources operated by parties other than BEHIND THE RACQUET, including advertisers. BEHIND THE RACQUET has not reviewed all of the sites linked to its Web site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources to the extent permitted by the applicable law.

16. Your rights
You have certain rights under the applicable law. These include:

That any products you order through this site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this site; Nothing in the TOS is intended to affect these rights.

17. Limits on our liability

The site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the site are provided by BEHIND THE RACQUET on an “as is”, “where is” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the site is at your sole risk. You specifically acknowledge that neither BEHIND THE RACQUET nor any of its affiliates, nor their respective directors, officers, employees, affiliates, agents or other representatives are liable for the defamatory, offensive or illegal conduct of other users or third parties and that any risk of injury related to the foregoing rests entirely with you.

BEHIND THE RACQUET does not represent or warrant that the site is secure, the site, the server supporting the site information, content, materials, products (including software) or services included on or otherwise made available to you through the site, or email sent from BEHIND THE RACQUET are will be virus-free, the information on the site is error-free, accurate, complete, reliable, useful, timely or current or that the site will operate without interruption or error. Neither BEHIND THE RACQUET nor any third party content providers or licensors, nor their respective directors, officers, employees, affiliates, agents or other representatives shall have any liability or responsibility for any errors or omissions in the content of the site, for your action or inaction in connection with the site or for any damage to your computer or data or any other damage you may incur in connection with the site or your use thereof.

BEHIND THE RACQUET will not be liable for any damages of any kind arising from the use of the site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

BEHIND THE RACQUET makes no representations or warranties of any kind, express or implied, as to the products included on the site or as the merchandise being sold to you. To the fullest extent permissible by applicable law, BEHIND THE RACQUET disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. BEHIND THE RACQUET will not be liable for damages of any kind arising from the products, including but not limited to direct, indirect, incidental, punitive and consequential damages, loss of profit, revenue, opportunity, or data.

Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer, that is a resident of New Jersey, (i) the right to bring a product liability claim under the New Jersey product liability act, N.J.S.A. 2a:58c-1, (ii) the ability to seek punitive damages or (iii) the ability to seek consequential damages in instances of injury to the person in the case of consumer goods.

Notwithstanding the foregoing, in the event that BEHIND THE RACQUET is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with (i) these TOS or any of the features or functionalities of the site or its content, or your use or inability of use thereof, BEHIND THE RACQUET’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the site, BEHIND THE RACQUET’s liability shall be strictly limited to the sale price of that product.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

18. Compensation

At our request, you agree to compensate us fully, defend us, and hold us BEHIND THE RACQUET harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this site using your Internet account caused by your action or inaction.

19. Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and BEHIND THE RACQUET as a result of the TOS or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of BEHIND THE RACQUET, and we shall not be liable for any representation, act, or omission on your part.

20. No waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

21. Copyright complaints

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BEHIND THE RACQUET (contact@behindtheracquet.com) with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of the material located on the site that you claim to be infringing; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law; and

A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

22. Governing law

The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant New York law, and the relevant courts of City of New York, State of New York will have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.