Terms of service

Terms and Conditions of Sale

 

This website and online store (together, this “Store”) is operated by SDFC Team LLC d/b/a/ San Diego FC (“SDFC”). By using or purchasing merchandise from the Store, you agree to be bound by the following terms and conditions (“Terms”) and the words “we”, “us” and “our” refer to SDFC. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and changes on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Store following the posting of any changes constitutes acceptance of those changes. Our Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our merchandise to you.

 

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS - PLEASE NOTE SECTION 9 CONTAINS IMPORTANT LIMITATIONS ON OUR LIABILITY.

 

SECTION 1 - ONLINE STORE TERMS. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our merchandise for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

 

SECTION 2 – MERCHANDISE PICK-UP. All merchandise purchased through this Store must be picked up by you at one of our designated pick-up locations that you can select from when you complete your purchase. We will send you, by email or SMS text message, a confirmation of your order and, when your order is ready for pick-up we will send a notification that confirms the pick-up location and such location’s hours of operation. To pick up purchased merchandise, you must be present and show a copy of the order confirmation and photo ID. We will not release your purchased merchandise to any person other than you. If you do not pick up your purchased merchandise within 30 days of receiving notification that your purchased merchandise is ready for pick-up, we have the right to cancel your order and will refund the applicable purchase price back to the method of payment you used to purchase the merchandise.

 

SECTION 3 – MERCHANDISE RETURN, PRICES AND MODIFICATION

Merchandise is subject to return or exchange only according to our Return Policy [linked]. Prices for our merchandise are subject to change without notice. We reserve the right at any time to modify or discontinue merchandise without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, or discontinuance of any merchandise. We have made every effort to display as accurately as possible the colors and images of merchandise but we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any merchandise that we offer. All descriptions of merchandise or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made in the Store is void where prohibited. We do not warrant that the quality of any merchandise purchased or obtained by you will meet your expectations.

 

SECTION 4 – SPECIAL OFFERS

In order to participate in certain promotions, discounts or coupons that may be run from time to time with respect to the merchandise (“Offers”), you may be required to agree to additional or different terms and conditions including requirements or restrictions imposed by participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer (“Additional Terms”). Your redemption of the Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms will continue to apply.

 

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 6 - PERSONAL INFORMATION; SMS MESSAGING

Your submission of personal information through the Store is governed by the Major League Soccer Privacy Policy (located at https://www.mlssoccer.com/legal/privacy-policy) (“Privacy Policy”). You acknowledge and represent that you have read and understood the Privacy Policy and consent to the collection and processing of your Personal Information, as defined therein, for the purposes set forth in this Agreement and in the Privacy Policy. If you provide your mobile phone number (or other wireless device details) while using the Store, you consent to our use of this information for the purpose of sending confirmations and notifications related to your purchased Merchandise (as described above) as well as for sharing with advertising partners. You understand that your wireless carrier’s standard rates apply to any messages we send. You may change your mind and unsubscribe to SMS messages sent by us at any time by following the instructions in the Privacy Policy.

 

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in our Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law.

 

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Store: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Store or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Store or any related website, other websites, or the internet. We reserve the right to terminate your use of the Store or any related website for violating any of the prohibited uses.

 

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE STORE AND ALL MERCHANDISE RECEIVED BY YOU FROM THE STORE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR STORE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. In no case shall SDFC, our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, Major League Soccer LLC and Soccer United Marketing LLC be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the merchandise procured using the Store, or for any other claim related in any way to your use of any merchandise. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless SDFC and our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, Major League Soccer LLC and Soccer United Marketing LLC, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.

 

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Store, or when you cease using our Store. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and, in such case, you will remain liable for all amounts due up to and including the date of termination and we may deny you access to our Store.

 

SECTION 13 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Store or in respect to the Store constitutes the entire agreement and understanding between you and us and govern your use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 14 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of California.

 

SECTION 15 - CONTACT INFORMATION

Questions about the Terms should be sent to us at customerservice@sandiegofc.com.