GENERAL TERMS AND CONDITIONS
1. General Provisions
These General Terms and Conditions shall apply to customers residing in Canada who purchase HEAD products via the Canada subpage of WWW.HEAD.COM (“Website”). Please read these General Terms and Conditions carefully before ordering goods on the Website as by ordering goods from this Website you automatically consent to these General Terms and Conditions.
2. Order process
To place an order via the Website, you must:
- Select the desired products,
- Provide your customer data, including your United States billing address and delivery address (if different),
- Select a payment method,
- Confirm to us that all of the information you provided (e.g. name, address, payment method, ordered products) is complete and correct, and
- Click “Buy now” to submit your order.
By placing your order, you are making a binding offer towards us to conclude a contract with you. HEAD may, in its sole and absolute discretion, accept this offer by sending you an order confirmation via email or by shipping the ordered goods to the address specified in your order. HEAD shall not be obligated to accept orders but shall have the right at any time without notice to reject them. A sales contract shall only be considered to be concluded after we have sent you an order confirmation via email or after any part of the ordered products have been shipped to you. Our order confirmation will be sent to the email address provided by you; such confirmation will contain a list of all relevant order information as well as information on the payment method, customer service, warranty, data protection and cancellation policy.
If, for any reason we are unable to accept your order, we shall notify you via email.
By submitting your order, you guarantee to us that all of the information you provided to HEAD in your order is correct and complete.
3. My Account
On the condition that you provide all required information during the order process, you may place orders with us without setting up a personal user account. However, you also have the opportunity to set up your personal user account with a password. This means that your personal data will be saved and you will not need to enter your data again when placing a new order with us. You also have access to the “My Account” section which provides a comprehensive overview of your profile, orders which have not yet been delivered, past orders, as well as delivery and payment details. Please click HERE if you do not currently have a personal user account and would like to find out how to set one up.
If you set up and use an account on our Website, you shall be responsible for protecting your account and your password and for restricting access to your computer. You declare that you agree – to the legally permissible extent – to be liable for all activities which are performed through your account and/or with your password. You must take all practical measures to ensure that your password is kept confidential and stored in a safe place and you should notify us immediately if you have reason to believe that a third party has gained access to your password or that your account is being used without your authorization or that such unauthorized use is likely.
4. Tracking Your Order
You can track your order using the tracking number provided in the order confirmation email. You may access the website of our shipping provider which contains current information on your order and the delivery.
5. Prices, shipping charges
Prices do not include sales or other taxes, shipping or any other additional charges. All final charges will be calculated and displayed in the shopping cart before you confirm and submit your order.
HEAD ships using Federal Express, Monday-Friday (excluding public holidays). You will have the option to choose your shipping method; the price of which will be calculated based on the size, weight and the type of service. You will be able to review the shipping charges before you confirm and submit your order.
6. Delivery Conditions and Restrictions
Any order, excluding customized items, placed by 12:00 PM EST Monday - Friday (excluding public holidays) will ship within 24 - 48 hours. If you’ve placed an order after 12:00 PM EST or on a weekend, your order will process on the next business day.
We are currently unable to ship orders to post office boxes and only ship to physical addresses located within Canada. We are also unable to accept orders in which we are unable to identify the individual delivery address.
On the respective product detail pages of the Website you will find information on the availability of products which are sold on the Website. If during the order processing, HEAD notices that the products are no longer available, you will be informed about this in a separate email.
You agree to bear all costs resulting from unsuccessful delivery if it is impossible to deliver the products to your delivery address (e.g. refusal, too large of a shipment for your location, etc.). The risk of loss of products and title thereto shall pass to you upon delivery of the products to the address specified in your order.
7. Export Prohibition
You may not export any products purchased via our Website unless such export is in full compliance with all Canadian laws, regulations and agency orders. In particular, such products may not be exported or re-exported to a national or resident of any country that is under any Canadian embargo or sanction. This restriction includes but is not limited to anyone or any organization on the U.S. Treasury Department’s list of Specially Designated Nationals, any U.S. Commerce restricted list, any U.S. State Department restricted list, asset freezes under the Special Economic Measures Act (Canada), as well as export/import restrictions per the Area Control List authorized by the Export and Import Permits Act (Canada), or any other governmental export restriction.
8. Payment Conditions
HEAD products must be paid in full before such orders will be delivered to you. We accept the following payment methods:
- American Express Credit Cards
- MasterCard credit cards
- VISA Credit Cards
If, for any reason, the amount payable for your order cannot be collected, your order will be cancelled and you will be informed accordingly.
9.1 First quality returns
All products, excluding customized items, may be returned for a full refund to the original payment method provided the items are returned to us within 30 days of you receiving the products. Please ensure that any product you wish to return is unused, in its original packaging and has all tags still attached. You agree that it is at the sole and absolute discretion of HEAD to determine if the product has been used.
If you wish to return Racquet Sports products:
- New racquets must show no signs of use and must be returned in the original poly bag (e.g. plastic on the handle, all tags still attached, no scrapes on the bumper guards, etc.).
- Shoes must be returned in the box the shoes came in with no tape or shipping labels directly on the shoe box. The shoes must show no signs of wear and should be free of all lint, hair or other foreign substances.
- Bags must be returned in the original polybag and have all tags still on and show no signs of use.
- Gloves, helmets and eyewear (goggles, spare lenses) must be returned in original packaging with no signs of wear.
- Balls must be in the original containers and unopened.
- String and other accessories must arrive back in the original packaging, unopened.
If you wish to return Winter Sports products:
- Boots, snowboards, and skis and bindings must be returned to the third party retailer where the HEAD product was purchased. We are only able to process returns and refunds for purchases made on head.com. We currently do not sell boots, snowboards, or skis and bindings on head.com.
- Ski poles must be returned in original packaging with no signs of wear.
- Winter Sportswear – beanies, coats, hats, hoodies, jackets, pants - must be returned in original packaging with no signs of wear.
To the extent permitted under applicable law, customized items, that are exclusively made according to your specifications must not be cancelled or returned.
To return a product, please email customer service email@example.com or 1-800-265-7257, to obtain a return address and return number. Shipping charges on all returns are your responsibility and are not subject to refund.
Racquet Sports Warranty
Most HEAD racquet sports products, except racquetball racquets, squash racquets and certain accessory items are covered by a limited warranty for defective material and workmanship for one year from the date of purchase of the original product when purchased on the Website. Please see the table below for applicable warranty timeframes. Repair or replacement of a warrantied product does not extend the applicable warranty period. Proof of purchase from a HEAD Canada authorized dealer or an invoice or receipt from HEAD Canada is required. You agree that the sole remedy under these warranties is repair or replacement at the sole option of HEAD. Limit one replacement per warrantied product. No warranty will be granted if a racquet is improperly strung, not strung to HEAD’s specifications, has unauthorized repairs, distortion due to heat, heavy signs of wear, impact points, cosmetic fault due to normal wear or is beyond the warranty period. Racquets must be returned strung. There is no warranty on replaceable parts such as grips, grommets, or strings. Items with an RA (return authorization number) that are sent to the warranty department in [Guelph], but upon inspection deemed not covered by the HEAD warranty policy, will be returned to the customer. The customer will pay for return freight.
|Tennis racquets, Pickleball Paddles and Bags
|Racquetball Racquets and Squash Racquets
|Footwear *select models only*
||6 months outsole guarantee
Winter Sports Warranty
HEAD manufactures premium quality equipment. In the rare case that a manufacturing defect is present, HEAD will repair or replace the defective item with the same (or a similar) model for the original purchaser. This warranty runs from the date of purchase of the original product. Please see the table below for applicable warranty timeframes. Repair or replacement of a warrantied product does not extend the applicable warranty period. Limit one replacement per warrantied product. Problems resulting from (but not limited to) misuse and impact damage (from rocks, gates, boxes, rails, concrete floors, etc.) will not be covered. Damage from improperly mounted bindings will not be covered. Warranty period for rental products begins on original invoice date. Proof of purchase from a HEAD Canada authorized dealer or an invoice from HEAD Canada is required. Items with an RA that are sent to the warranty department in [Guelph], but upon inspection deemed not covered by the HEAD warranty policy, will be returned to the customer. The customer will pay for this return freight.
|Race skis, race boots, race bindings, all helmets, and all luggage
|All non-racing retail and rental products, including alpine skis, boots, and bindings, as well as snowboard boards, boots, and bindings
To return a product for warranty, please email customer service firstname.lastname@example.org or 1-800-265-7257 to obtain a return address and return number. You must cover shipping charges for all returns.
TO THE FULLEST EXTENT ALLOWED BY LAW, HEAD HEREBY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES BASED ON COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE ABOVE WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
11. Customer Service
If you have any questions, comments or complaints related to your ordered goods, please contact us at email@example.com or 1-800-265-7257. Our customer service department is available Monday – Friday, 9 AM – 7 PM EST and closed on Canadian observed holidays.
12. Applicable Law
These General Terms and Conditions will be construed in accordance with the substantive laws of the province in Canada in which the internet order is placed, without giving effect to its conflicts of laws principles. By ordering products from HEAD’s online shop, you agree to submit to the jurisdiction of said Court in all respects. THIS PARAGRAPH DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC WITH RESPECT TO THE WEBSITE OR TRANSACTIONS ON THE WEBSITE.
The contract language is English. It is the express wish of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Dated: December 13, 2021