1. Terms and Conditions
1.0 Definitions
"Consumer Buyer" means an individual who purchases goods primarily for personal, family or household use and not primarily for resale, commercial or professional use.
"Business Buyer" means a person or entity that purchases or requests goods for resale, wholesale, commercial, professional or other business use, including custom, OEM and private-label projects.
"Wholesale Order" means an order for 12 or more units of the same product, or any order placed by a Business Buyer at wholesale tier pricing. Orders of 1 to 11 units at single-piece pricing are not Wholesale Orders.
Where these Terms state that a provision applies only to a Business Buyer, only to a Consumer Buyer, or only to a Wholesale Order, that provision applies only in that case.
Nothing in these Terms limits any right or remedy that applicable law does not permit us to limit.
1.1 About these Terms
These Terms and Conditions ("Terms") govern your use of gkeurosport.com (the "Site") and any purchase, quotation request, or other transaction you make through it.
The Site is operated by:
GK Eurosport Inc. 60E Jefryn Blvd, Deer Park, NY 11729, United States Email: shop@gkeurosport.com · Telephone: +1 631-586-8855 Business hours: Monday to Friday, 9:00 AM – 5:00 PM Eastern Time
When you place an online order, you agree to these Terms by checking the agreement box presented at checkout and submitting your order. The Terms and the Return and Exchange Policy are available through working links before you submit the order, and we keep an electronic record of the version accepted with each order.
Your use of other Site features may also be subject to these Terms where they are presented to you with reasonable notice. If you do not agree to these Terms, do not place an order.
1.2 Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to purchase from the Site.
If you register or transact on behalf of a business, you confirm that you are authorised to bind that business.
You are responsible for keeping your account credentials confidential and for activity under your account. We may require additional verification before granting tax-exempt or resale status, credit terms, or special wholesale pricing.
1.3 Products, availability and product information
We primarily serve wholesale and business buyers. Certain eligible in-stock products may also be purchased in single-piece quantities at the single-piece price.
We try to describe and photograph products accurately. Colours shown on screen can vary between devices, and leather and textile goods carry reasonable variation in grain, shade and finish between production batches. This does not limit our responsibility for products that are materially different from their description.
Product availability is not guaranteed until we accept your order under section 1.5.
1.4 Quotation requests, sample requests and custom enquiries
Submitting a Request for Quote, Sample Request, or custom/OEM enquiry is an enquiry only. It does not create an order, does not reserve stock, and does not commit either of us to a transaction.
A custom, OEM or private-label project becomes binding only when both parties have accepted a written quotation covering specification, quantity, price, lead time and payment terms, and any required deposit has been paid.
1.5 Orders and acceptance
When you submit an order, you are making an offer to purchase.
Any automatic order confirmation we send acknowledges that we have received your order. It is not acceptance of it.
We accept an ordinary online order for in-stock goods when we send you a shipment confirmation. A contract is formed at that point and only for the items in that shipment confirmation.
Before we accept, we may decline or cancel all or part of an order for reasons including: the goods are not available; there is an obvious pricing, quantity or product-information error; payment fails or is reversed; we suspect fraud or a breach of these Terms; we cannot deliver to the address given; or a purchase limit applies.
If we have already taken payment for an order we do not accept, we refund that amount to the original payment method.
Custom, OEM and private-label orders are not formed under this section. They are formed as described in section 1.4.
1.6 Prices, quantities and taxes
Prices are shown in U.S. dollars and exclude shipping and applicable taxes unless stated otherwise.
Tiered wholesale pricing may apply as order quantities increase.
Prices and promotions may change prospectively at any time. The price displayed when you submit an order applies to that order, except that we may correct an obvious pricing, quantity or product-information error before we accept the order.
If we identify a material error after you submit an order, we will notify you. We will not charge a higher corrected price without your affirmative agreement. If you do not agree to the corrected price, or if we choose not to proceed, we may cancel the affected item and will refund any amount already paid for it to the original payment method.
If you claim tax-exempt or resale status you are responsible for the accuracy and validity of the documentation you provide. If that status is invalid or is withdrawn, we may charge the tax legally due.
1.6a Business Buyer purchase orders and conflicting terms
This section applies only to Business Buyers.
A purchase order or other document issued by a Business Buyer is accepted only for administrative information such as product, quantity, requested delivery information, ship-to information and purchase-order reference number.
We object to and reject any additional or different legal terms contained in a purchase order, procurement form, vendor portal, acknowledgment or other buyer document, unless we expressly agree to those terms in a separate writing signed by an authorised representative.
Unless a separately signed agreement says otherwise, the order of precedence is:
- a separate agreement signed by both parties;
- a written GK EuroSport quotation or custom-order document expressly accepted by both parties;
- these Terms; and
- the Business Buyer's purchase order, solely for administrative details that do not conflict with the documents above.
1.7 Payment
Card and digital wallet payments on the Site are processed by PayPal. Where PayPal makes guest checkout available, a PayPal account is not required.
Bank transfer is available for established accounts by arrangement with our sales team.
Your order is confirmed as paid once our payment processor notifies us that the payment has been captured. Payment capture does not by itself constitute acceptance of an order. Acceptance happens as described in section 1.5. If a payment fails, is reversed, or is charged back, we may suspend or cancel affected orders and may require cleared funds before shipping.
For custom, OEM and private-label projects, the deposit and payment schedule are set out in your written quotation.
1.8 Shipping and delivery
Shipping charges are calculated at checkout. Delivery estimates are estimates only and are not guaranteed delivery dates.
Domestic (United States). We ship from our warehouse in Deer Park, New York.
International. The Site's online checkout is intended for customers in the United States. We accept international business on a case-by-case basis through a separate quotation arranged with our sales team. For any international shipment, you are responsible for import duties, taxes, customs charges and any brokerage fees, unless your written quotation says otherwise.
Shipping times and delays. We will have a reasonable basis for any shipment estimate we give you. If we cannot ship within the time stated when you ordered, or within the period required by applicable law where no shipment time is stated, we will give you any delay notice, the option to agree to the new date or to cancel, and any refund that applicable law requires. Our order-acceptance provisions in section 1.5 do not limit any shipping-delay rights that applicable law gives you.
If you give us an incorrect or incomplete address, or refuse delivery without a right to do so, you may be responsible for re-shipping costs and any carrier charges we incur.
Risk of loss and title.
*Consumer Buyers.* For an ordinary online purchase by a Consumer Buyer, risk of loss or damage stays with us until the goods are delivered to the delivery address given for the order, except to the extent a loss results from an address error or other act or omission for which the Consumer Buyer is responsible. Nothing in this paragraph limits rights that applicable law gives a Consumer Buyer.
*Business Buyers.* For a Business Buyer, any agreed written quotation, shipping term or Incoterm controls risk of loss and passage of title. Where no written quotation or shipping term addresses the issue, risk of loss and title are determined under applicable law.
*International business orders.* International quotations should identify the applicable Incoterms 2020 rule and named place where appropriate. Import duties, taxes, brokerage and customs charges are allocated as stated in the quotation and the applicable Incoterm.
Carrier loss or damage must be reported to us promptly so that we can preserve any available carrier claim. This reporting requirement does not waive any right or remedy that cannot lawfully be waived.
1.9 Returns and refunds
Returns and refunds are governed by our Return and Exchange Policy, which forms part of these Terms. See section 2.
1.10 Custom, OEM and private-label orders
The following apply to any custom, OEM or private-label project in addition to the rest of these Terms.
Your artwork and materials. You keep ownership of any logo, artwork, design or specification file you send us. You grant us a limited licence to use those materials only to quote, sample, produce and fulfil your project. You confirm that you own or are licensed to use those materials and that they do not infringe anyone else's rights.
Approval. Production begins only after you approve the written specification and, where one is produced, the proof or pre-production sample.
Tolerances. Custom manufacturing carries reasonable tolerances in dimensions, colour matching, material finish and produced quantity. Applicable tolerances are stated in your quotation.
Tooling and moulds. Ownership of any tooling, mould or die produced for your project is as stated in your quotation.
Deposits and cancellation. Deposit terms are set out in your quotation. Once you have approved production and production has begun, custom goods cannot be cancelled or returned except where they do not conform to the specification you approved. Non-refundable custom costs are identified in the quotation before you pay any deposit.
Confidentiality. Materials you send us are treated as confidential where we have signed a non-disclosure agreement or otherwise agreed in writing to treat them as confidential.
Buyer-supplied intellectual property — Business Buyers only. A Business Buyer confirms that it owns or has all rights necessary to use, and to authorise us to use, any logo, artwork, trademark, design, text, packaging content or specification it supplies. To the maximum extent permitted by law, the Business Buyer will defend and indemnify us against a third-party claim that our authorised use of those buyer-supplied materials for that buyer's project infringes the third party's intellectual-property rights, except to the extent the claim results from a modification or use we made that the Business Buyer did not authorise. We will give reasonable notice of any such claim. No settlement requiring us to admit wrongdoing, accept an injunction or make a non-monetary commitment may be entered without our written consent, which will not be unreasonably withheld.
Written record. For custom, OEM and private-label orders we keep, and ask you to confirm in writing or electronically, the quotation version, specification, quantity, unit and total price, tolerances, tooling and deposit terms, and delivery terms that apply to your project.
1.11 Intellectual property and acceptable use
All content on the Site, including text, images, logos and page design, belongs to GK EuroSport or its licensors and may not be copied or reused commercially without our written permission.
You may not use the Site to break the law, interfere with its operation or security, scrape it at a rate that degrades service for others, or misrepresent your identity or authority.
1.12 Third-party services
The Site uses third-party services to operate, including a payment processor, shipping carriers, hosting and email providers, an analytics provider and a live-chat provider. Those providers handle data under their own terms. See our Privacy Policy.
1.13 Warranties and product descriptions
Product descriptions, written specifications and approved custom specifications form part of the applicable transaction to the extent provided by law and by the agreement between the parties.
Our Return and Exchange Policy is a sales and returns policy. We do not describe it as a separate product warranty. If a product is covered by a separate written manufacturer's warranty or a separate written GK EuroSport warranty, the applicable warranty terms will be made available as required by law.
Consumer Buyers. Nothing in these Terms excludes or limits any express warranty, implied warranty, statutory guarantee, or other right or remedy that applicable law does not permit us to exclude or limit.
Business Buyers only — disclaimer of additional implied warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS OBLIGATION STATED IN AN APPLICABLE WRITTEN QUOTATION, APPROVED SPECIFICATION OR SEPARATE WRITTEN WARRANTY, GK EUROSPORT DISCLAIMS, WITH RESPECT TO BUSINESS BUYERS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This Business Buyer disclaimer does not negate an express description, sample, approved specification or other express obligation to the extent applicable law does not permit such negation.
1.14 Limitation of liability
Business Buyers only.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GK EUROSPORT WILL NOT BE LIABLE TO A BUSINESS BUYER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO AN ORDER, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GK EUROSPORT'S AGGREGATE LIABILITY TO A BUSINESS BUYER ARISING OUT OF A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO GK EUROSPORT FOR THE GOODS GIVING RISE TO THE CLAIM.
These limitations do not apply to fraud or wilful misconduct, and do not exclude or limit liability to the extent applicable law does not permit exclusion or limitation. A remedy stated to be exclusive will not be treated as exclusive where applicable law provides otherwise or where the remedy fails of its essential purpose.
Consumer Buyers. Liability to a Consumer Buyer is limited only to the extent permitted by applicable law. Nothing in these Terms excludes or limits liability, damages or remedies that applicable law does not permit us to exclude or limit.
1.15 Governing law and disputes
Business Buyers. These Terms and transactions with a Business Buyer are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except to the extent another law must apply. A Business Buyer agrees that any judicial proceeding arising out of or relating to these Terms or a transaction with us may be brought in the state courts located in Suffolk County, New York, or, where federal jurisdiction exists, the United States District Court for the Eastern District of New York, and consents to personal jurisdiction and venue in those courts.
Consumer Buyers. For a Consumer Buyer, these Terms are governed by New York law to the extent permitted by applicable law. This choice of law does not deprive a Consumer Buyer of any mandatory consumer protection of the jurisdiction whose law would otherwise apply, and nothing in these Terms requires a Consumer Buyer to waive a forum or remedy that applicable law makes non-waivable.
These Terms do not require mandatory arbitration and do not contain a class-action waiver.
1.15a Events beyond reasonable control
For Business Buyer and custom/OEM transactions, neither party is liable for delay in performing a non-payment obligation to the extent the delay is caused by an event beyond that party's reasonable control, such as natural disaster, war, embargo, governmental action, major carrier or port disruption, or material utility or infrastructure failure, provided that the affected party gives reasonable notice and takes reasonable steps to reduce the effect of the delay.
This section does not excuse payment obligations for goods already due, and does not limit any shipping-delay, cancellation, refund or other right that applicable law gives a Consumer Buyer.
1.16 Changes to these Terms
We may update these Terms. The version in force when we accept your order governs that order. Changes are not applied retroactively to orders we have already accepted.
1.16a General
Entire agreement and precedence. These Terms, the applicable Return and Exchange Policy, and any applicable written quotation or separate signed agreement form the agreement for the relevant transaction, subject to the order of precedence in section 1.6a.
Severability. If a provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted or, where appropriate, severed, and the remaining provisions continue in effect.
No waiver. A failure or delay in enforcing a provision is not a waiver of that provision or of the right to enforce it later.
Assignment. A Business Buyer may not assign a material right or obligation under a custom or wholesale order without our written consent, except as permitted by applicable law. We may assign an agreement in connection with a merger, reorganisation or sale of substantially all relevant business assets, subject to applicable law.
No third-party beneficiaries. Except where these Terms or applicable law expressly provide otherwise, these Terms do not create rights in a person who is not a party to the applicable transaction.
Electronic records. Orders, quotations, acceptances and other transaction records may be created and kept electronically to the extent permitted by applicable law.
Survival. Provisions that by their nature should survive completion or cancellation of an order will survive.
Headings. Headings are for convenience and do not change the meaning of these Terms.
1.17 Contact
GK Eurosport Inc. · 60E Jefryn Blvd, Deer Park, NY 11729, United States shop@gkeurosport.com · +1 631-586-8855 · Monday to Friday, 9:00 AM – 5:00 PM Eastern Time