TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE WILSON PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
These terms of sale (“Terms of Sale”) apply to purchases made in the United States on a Wilson family of brands: website (including, without limitation, “www.wilson.com”, “www.wilsonteamshop.com”, “www.demarini.com”, “www.slugger.com”, “www.atecsports.com”, “www.evoshield.com”, and “www.luxilon.com”), digital experience, social media platform, mobile app, or one of Wilson’s other products or services, which make up Wilson’s Platform (the “Platform”). These Terms of Sale create a legally binding agreement between you and Wilson Sporting Goods Co. (herein, "Wilson", "we" or "us" as the context may require) regarding orders placed for products available via the Platform (the “Products”).
With regard to your purchases on the Platform, we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Terms of Sale give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
Information contained in Wilson's advertising, brochures or other written materials, on Wilson web sites or given to you, is for information only and not an offer by Wilson to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SALE.
Additional terms and conditions are required to be accepted for Employee or other Hookup purchase programs.
2. PLACING AN ORDER
Please note that we only deliver the Products within the United States.
To place an order on the Platform, you must:
- Be of legal age in your jurisdiction and a consumer – not a reseller;
- Provide your name and address, phone number, email address, payment details and other required information;
- Provide a delivery address in the United States (Note – Wilson is unable to deliver to certain addresses); and,
- Be the owner or authorized user of a valid debit/credit card or other method of payment accepted by Wilson.
You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
The Platform is intended solely for Wilson to sell the Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the Products to others (consumers, businesses or any third party). If Wilson believes you are involved in purchase for resale, Wilson reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
3. ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Terms of Sale. All orders must be accepted by Wilson. When you submit an order on the Platform, we will send you an email acknowledging receipt of your order. Acceptance of your order and the formation of the contract between Wilson and you containing these Terms of Sale (“Contract”) will not take place until we have shipped the Products to you – we will send you an email confirming the Products have been shipped.
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract that we cancelled:
- the Product you ordered is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 12 calendar days after receipt of your order;
- we believe you are under the legal age in your country;
- we believe that you are a reseller;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below); or
- in the event of misspelling, pricing or other errors or mistakes in the Platform information.
If you would like to cancel an order, please contact Wilson customer service by submitting a Contact Us form. Wilson cannot guarantee cancellation requests for all orders. In the event Wilson is unable to cancel your order, you may be able to return an item for a full refund. For more information about returning items, please refer to Wilson’s Return Policy. For cancellation of custom orders, please refer to the “Custom Products Terms” section below.
4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Wilson may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Wilson charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on shipping confirmation email.
5. PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Wilson does not guarantee the availability of any Product on the Platform. Wilson reserves the right, without liability or earlier notice, to change, discontinue or stop making or selling any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Wilson.
Customers desiring to return or refuse delivery will be best serviced by receiving the delivery, initiating a return request by following the return instructions here.
Wilson shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, pandemic, epidemic, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters (“Events Outside Our Control”).
6. COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided on the Platform as reference when checking compatibility. In the event of a difference between the Platform content and any other Wilson (or non-Wilson) website (or any other source of information) the compatibility of Products as shown on the Platform at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment shall be made by a credit, debit card, or other method of payment approved by Wilson. Approved method of payments (including approved credit and debit card types) are listed in the Website. You have to supply your payment details when you place your order. If you use a credit card, your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Except for custom Products, you will be charged on shipment of the ordered products. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. We recommend that you save and print your order confirmation for your potential future use.
8. TITLE TO PRODUCTS
With the exception of Products picked up at Wilson-branded stores, the title and risk of loss for Products purchased from Wilson passes to you upon our delivery to the carrier. Title and risk of loss for Products purchased online and picked up at Wilson-branded stores will pass to you upon your authorized receipt of those Products. Title to Product(s) will not transfer until full payment has been received.
9. RETURN AND REFUND, OTHER OPTIONS
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the Contract and return the items you have purchased, return the product within thirty (30) calendar days after the date of receipt of the delivery, submit a return request on Wilson.com, and correctly follow the return instructions on the return provided to you by Wilson.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact Wilson immediately by submitting a Contact Us form.
To initiate a return of Products purchased with a Wilson.com account, you will need to log in to your wilson.com account. Once logged in, select “RETURNS” from the left menu. in the Start a Return Section, select “Return Items.” You will then be able to select your order and follow the steps to submit your return for eligible Products. On the final return confirmation page, you will be able to print your UPS return shipping label and send the item(s) back to us.
If you placed your order as a guest, you can initiate your return through the Guest Checkout Return Form. You will need to enter your order number and email address used to place the order.
Once we have received the return and our team has verified it meets our return guidelines, your refund will be processed back to your original form of payment within 3-5 business days.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned.
Please treat the Products with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the Products securely and print out and place the return label on the outside of the packing used for shipping.
Replacement or refund can only be processed once we have received all the Products to be returned.
If you return Products: 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) without exercising reasonable care when taking care of and returning such Products, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting the account used to place the order thirty (30) calendar days after the date of receipt of the delivery.
Please note that Wilson will only process returns and refunds for items bought on the Platform.
10. LIMITED WARRANTY
Wilson provides a limited warranty on certain Products. Limited warranties may be found at the links below:
- Wilson Limited Warranty: https://www.wilson.com/en-us/explore/limited-warranty
- Louisville Slugger Wood Bat Warranty: https://www.slugger.com/en-us/explore/wood-bat-warranty
- Louisville Slugger Non-Wood Bat Warranty: https://www.slugger.com/en-us/explore/bat-warranty
- DeMarini Non-Wood Bat Warranty: https://www.demarini.com/en-us/explore/bat-warranty
11. PERSONAL DATA
12. OUR LIABILITY
These Terms of Sale set out the full extent of our obligations and liabilities in respect of the sale of our Products.
Except for the express limited warranty for the Product purchased (if any) and as prohibited by applicable New Jersey law, Wilson disclaims any implied warranty, including the warranty of merchantability or the warranty of fitness for a particular purpose. Wilson further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on Wilson’s behalf or modifications made to the Products by anyone other than Wilson or those authorized by Wilson, except as prohibited by applicable New Jersey law. Wilson further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product's intended use, except as prohibited by applicable New Jersey law. These Terms of Sale give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.
If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
14. GOVERNING LAW
These Terms of Sale shall be governed and construed in accordance with laws of the State of Illinois, USA.
Custom Products Terms
THE TERMS OF SALE ABOVE ARE INCORPORATED HEREIN BY THIS REFERENCE.
1. CUSTOM PRODUCT ORDERS CAN'T BE CANCELLED OR RETURNED
Each custom product is made specifically to your specifications and as a result, your orders can't be modified, cancelled or returned.
On the order review page, you will have a chance to review your design choices and make changes before you purchase. This is very important because a customized product cannot be returned, and your purchase is non-refundable. PLEASE MAKE SURE ALL INFORMATION IS CORRECT before you proceed to purchase.
If you want to make a correction or just change things up, you can do so before you purchase. While in the order review page, just click any edit button (or pencil icon) and you'll be taken back to the customize and personalize screens to make your desired changes. Once you are satisfied, remember to review your changes carefully on the REVIEW AND BUY screen because a custom product cannot be returned.
Your custom product is made to order just for you, and we cannot accept returns. The exception is if the product was made incorrectly. Please contact customer service by submitting a Contact Us form to learn more information regarding a product.
3. CUSTOM PRODUCT PERSONALIZATION GUIDELINES
We reserve the right to refuse any requested personalization for any reason, including, without limitation, any of the following reason:
- Your custom text or design contains any profanity, or other offensive language, slogans or acronyms we deem, in our sole discretion, to be inappropriate, derogatory, or profane;
- We believe that your custom text or design includes unauthorized uses of third-party trademarks or other intellectual property, athlete images, corporate or team logos;
- We believe your custom text or design includes unauthorized uses of professional names of professional athletes and/or celebrities;
- We believe your custom text or design includes unauthorized uses of Major League Baseball, National Football League, or National Basketball Association names or logos; or,
- We believe your custom text or design includes unauthorized uses of NCAA licensed marks not already provided by Wilson's Family of Brands.
In addition, on any NCAA-related custom product, the below exclusions also apply (per the NCAA):
- No last names
- No references to current or former players/coaches
- No school/team names
- No use of the word "coach"
- No player's numbers
- No school slogans
By ordering you state your understanding and agreement that the personalization text entered is accurate and does not contain any restricted text, and that you own all rights, titles, and interest in any images or logos uploaded. Custom Products will go through an extensive quality control process. If any custom order has restricted language or names, the order will not be processed.
GIFT CARDS TERMS
THE TERMS OF SALE ABOVE ARE INCORPORATED HEREIN BY THIS REFERENCE.
Wilson Gift Cards are issued and managed by Givex USA Corporation, a Delaware corporation, and may only be applied to purchases in the United States completed on the Wilson Websites.
Please read these Gift Card Terms carefully before using a Gift Card. By using a Gift Card, you and your designated recipient, if any, agree to these Gift Card Terms and any applicable law. Do not use a Gift Card if you do not agree with these Gift Card Terms.
Wilson reserves the right to alter or modify these Gift Card Terms at any time. You agree to periodically review the Gift Card Terms and agree that your continued use of any Gift Card constitutes your consent to the latest modified Gift Card Terms.
1. GIFT CARD BALANCE.
For purposes of these Gift Card Terms, and subject to the provisions herein, a “Gift Card” shall mean an electronic payment device that, when issued, applies a specified amount of funds for use towards (i) your Wilson account balance, or (ii) if you do not have a registered Wilson account, purchases on the Wilson Website. Your “Wilson Balance” is the initial amount of your Gift Card less any purchases made using such Gift Card.
Purchases are deducted from your Wilson Balance. If a purchase exceeds your Wilson Balance, the remaining amount must be paid with another payment method.
Wilson Online Store Account.
If you have a registered Wilson account, your Wilson Balance displays the total remaining balance of all Gift Cards that have been applied to your Wilson account but not yet applied to a purchase. To view your Wilson Balance, visit My Account Summary at the Wilson.
If you do not have a registered Wilson account, your Wilson Balance displays the total remaining balance of all Gift Cards associated with the purchaser’s email or the designated recipient’s email address. To view your Wilson Balance, follow the instructions provided in the receipt for the Gift Card.
Gift Cards cannot be (i) redeemed for cash (except as required by law), (ii) resold, (iii) used for payment other than on the Wilson Website, (iv) used for shipment outside of the United States, (v) used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes, including to facilitate the resale or shipment of goods from the Wilson Websites, or (vi) transferred for value.
3. RISK OF LOSS.
Wilson is not responsible for any lost or stolen Gift Cards. The risk of loss for Gift Cards passes to the purchaser upon the electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. Gift Cards may only be obtained from Wilson, and you are responsible for safeguarding your Gift Card and Wilson Balance from unauthorized use. Wilson is not responsible if any Gift Card is used without your permission. Wilson assumes no liability for any unlawful conduct or fraud by any third party associated with any Gift Card.
4. USE IN VIOLATION OF THESE GIFT CARD TERMS
By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Wilson, its affiliates, or its customers. Wilson reserves the right, without notice to you, to void Gift Cards (including your Wilson Balance) without refund, suspend or terminate customer accounts, suspect or terminate the ability to use the Wilson Websites, cancel or limit orders, and bill alternative forms of payment if Wilson suspects that a Gift Card is obtained, used, or applied to a Wilson Online Store account (or your Wilson Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, WILSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR WILSON BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, IN THE EVENT A GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY, AND WILSON’S SOLE LIABILITY, WILL BE THE REIMBURSEMENT OF THAT GIFT CARD FOR THE SAME AMOUNT FOR WHICH YOU PURCHASED IT.
These Gift Card Terms constitute the entire agreement between you and Wilson with respect to your use of the Gift Cards and supersedes all prior agreements or communications. If any provision of these Gift Card Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Gift Card Terms. You agree that any notice, agreement, disclosure or other communication that Wilson sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Wilson’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wilson may assign its rights and duties under this Agreement to any party at any time without notice to you.
7. BALANCE EXPIRATION.
To the extent prohibited or limited by applicable law, the portion of your Wilson Balance made up of Gift Card(s) does not expire.
Last revised: June 25, 2021