PRODUCT DROPS TERMS OF USE

You are reading these Terms because you are using a FANATICS website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of FANATICS’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and FANATICS and its affiliates (which we may refer to as “FANATICS,” “we,” “us,” or “our”) regarding your use of the Platform. Please consider the following:

• Our Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. 
• Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. GENERAL RULES

Eligibility. You are only eligible to use the Platform if you are a resident of the Unites States and of legal age in your state or if you have consent from your parent or guardian. 

Rules for Registration. When you register for an account with us, the following rules apply:

• Provide accurate and current registration information.
• Do not register for more than one FANATICS account, register a FANATICS account on behalf of someone else, or transfer your account.
• Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
• Inform FANATICS immediately of any unauthorized use of your FANATICS account. You are responsible for anything that happens through your FANATICS account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FANATICS IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT. 

2. OWNERSHIP OF CONTENT

All of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by FANATICS or others we license Content from, and is protected by copyright, trademark, patent and other laws. FANATICS reserves all rights not expressly described in these Terms.

• All trademarks, service marks and trade names (e.g., the FANATICS name and the Flag design) are owned, registered and/or licensed by FANATICS. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent FANATICS approves the download or use of Content comprised of copyrights or copyrightable works, FANATICS grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as FANATICS makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. FANATICS reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. FANATICS reserves the right to take down any Content in violation of these terms or FANATICS’s intellectual property rights. FANATICS allowing you this limited use does not constitute a waiver of any of FANATICS’s rights to the Content. 
• Outside of the specific usage rights granted to you by FANATICS in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without FANATICS’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to FANATICS a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

3. TERMS OF SALE

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a FANATICS website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of FANATICS Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and FANATICS and its affiliates (which we may refer to as “FANATICS,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. FANATICS may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. FANATICS Privacy Policy are incorporated herein by this reference. 

PLACING ORDERS ON THE PLATFORM 

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be of legal age in your state and are a consumer - not a reseller.

NO PURCHASE FOR RESALE

The Platform is intended solely for FANATICS to sell FANATICS products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of FANATICS product by someone who resells, or intends to resell, the FANATICS product to others (consumers, businesses or any third party). If FANATICS believes you are involved in purchase for resale, FANATICS 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.  

HOW TO ORDER

You need an email address as well as a valid payment method to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website.

When you submit an order via the “Enter the Drop” queue, we will send you an email acknowledging receipt of your order if successful. Our acceptance of the order takes place when we will send you an email confirming that the order has been placed and accepted (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this via email and will not process the order. 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

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 email 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 we cancelled:

• the product 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;
• submissions submitted outside of the specified drop window;
• we believe you are under the legal age;
• 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.

SUBJECTABILITY

We reserve the right to set maximum and/or minimum order quantities at our discretion and without having any obligation to inform the customer.

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

TITLE TRANSFER & RISK OF LOSS

Title and risk of loss for products purchased online will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.

PRICE/PAYMENT

PAYMENT METHODS

We are only accepting Credit Cards from Visa, Mastercard, American Express and Discover at this time. Please do not try to pay by any other method, as we will not be liable for loss of the payment or any other damages that may result from this action.

PAYMENT PROCESSING

We will deduct the amount due from your account as soon as your order has been accepted. Payments can only be processed if the billing information can be verified. 

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time. We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an email to the email address provided by you at the time your order was placed. You will not be charged for any additional delivery costs. 

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

RETURNS & CANCELLATIONS

We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" link at the top right of the Website. We cannot guarantee that any order can be cancelled and reserve the right to fulfill without said guarantee.

If the status of your order is "Processing", you may cancel your order by contacting our call center (see help section of the Website). Orders cannot be edited if you haven’t received an order confirmation email. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may not be returned. 

For orders listed as “Pre-sale” or “Pre-order”, you may cancel your order by contacting our call center and requesting cancellation if the product has not left our facility. A full refund will also be issued in accordance with our normal business practice.

RETURNING ORDERS

Click here to view our return policy.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)    We will contact you as soon as reasonably possible to notify you; and

b)    Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above. 

Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): The sub-section titled "LIMITATION OF LIABILITY" is deleted and replaced with the following:

"To the extent allowed under applicable law, none of the FANATICS parties will be liable for any special, incidental or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the products purchased through the Platform or the conduct of other Platform Users (whether online or offline), or attendance at a FANATICS event or FANATICS partner events, or any User Content or any other activity in connection with the use of the Platform, even if FANATICS has been advised of the possibility of such damages. If FANATICS is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any Content, FANATICS's liability shall not exceed US$100.00, without prejudice to any applicable law."