RETURNS POLICY

1.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by either contacting Client Services on 0120-00-9570, email: ClientServicesJP@Bally.ch. You have seven (7) working days from delivery of the Products to submit your returns request.

1.2 We may ask you to bear all cost and liability for the courier if you cancel your contract due to your personal preference. Any costs or expenses incurred by you in the return of Products are not refundable.

1.3 You shall return the Products by packaging the relevant it/them securely. You shall return the Product(s) in the same condition in which you received them and they shall be returned in their original packaging; moreover, the Products shall not have been washed or damaged and the relevant identification tag shall still be attached to the Products with the disposable seal. Please note that Bally will review the returned Products via quality control.

1.4 If the Products, sent back in perfect condition, new and with all tags and labels attached, Bally will approve the return and reimburse the price originally paid. If the recipient of the Product(s) indicated in the order form is different from the individual who made the payment for such Product(s), the amount paid for returned items shall be refunded to the individual who made the payment.

1.5 On the contrary, if any of the labelling or tags are missing, do not comply with these General terms and Conditions of Sale or Bally has any reason to believe that the Products have been altered or are imitation of the Products or were not purchased directly through this Website, Bally will not accept the return and will return the Products back to you.

1.6 Should Bally accept the return, we shall refund the price of the Product(s). Bally will refund to the credit/debit card (only if you originally choose credit or debit card payment) or to the bank account you designate (only if you originally choose Cash On Delivery payment).

General Terms and Conditions of Use

Welcome to our web site ("www.bally.jp", the "Website"). These General Terms and Conditions of Use (the "Terms") govern the access to and use of the Website. Please read these Terms carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, we invite you not to use our Website. This website is managed and maintained by Bally Japan Ltd. ("Bally" or "we")), with registered office in Japan at 1-19-7, Ginza, Chuo-ku, Tokyo.

For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy, Warranty Policy and Privacy Policy of the Website. Bally may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Website’s General Terms and Conditions of Use, please do not use our web site.

The access to and use of the Website, including display of web pages, communication with Provider, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. Bally shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

1. Privacy Policy

We recommend that you read the Privacy Policy which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.bally.jpcollects and uses your personal data.

2. Intellectual Property Rights

All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Bally and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Bally as the case may be.

Bally shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Bally shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Bally shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. Links to Other Web Sites

The Website may contain links to other web sites which are in no way connected to the Website or Bally. Bally does not control or monitor such third party web sites or their contents. Bally shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. the Website provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When Bally provides links to other web sites, Bally does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.

After you submit a Submission (as defined below) on Instagram or Twitter, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Bally reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Bally has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #BallySelfeet hashtag in a post on Instagram tagging @Bally_Swiss or using the #ShoeTip in a Tweet on Twitter, tagging @Bally_Swiss (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Bally is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

When you make a Submission using the #BallySelfeet in a post on Instagram or the #ShoeTip in a Tweet on Twitter, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Bally without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service and any third party agreements to which you are subject. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.

4. Links to the Website and Affiliate Partners

Please, contact Bally at the following e-mail address: ClientServicesJP@Bally.ch if you are interested in linking the Home page of the Website and other web pages which can be publicly accessible or if you wish to join our Affiliate Programme.

5. Disclaimers on Content

Bally has adopted measures to ensure that the content of the Website is accurate and does not contain any incorrect or out-of-date information. However, Bally cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.

Moreover, Bally cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet.

6. Governing Law

These General Terms and Conditions of Use are governed by Japanese law.

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale ("T&Cs") govern the offer and sale (together with the documents referred to below including the Privacy Policy and General Terms and Conditions of Use) of products marked with the "Bally" trademark ("Products") on the website www.bally.jp (the "Website").

Please read these T&Cs carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&Cs.

The Products purchased on the Website are sold by Bally Japan Ltd., with registered office in Japan at 8-8-5, Ginza, Chuo-ku, Tokyo , (" Bally" or "we" or "us").

For any other legal information, please go to the following sections of the Website: Privacy Policy, Returns Policy and the Warranty Policy.

1. OUR BUSINESS POLICY

1.1 Bally offers its Products for sale on the Website, including its e-commerce business services are available exclusively to its end users i.e. any natural person who is acting for purposes which are outside his/her trade, business or profession. If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.

1.2 . If you are under 20 you are prohibited from ordering Products from the Website without obtaining your parent’s consent.

1.3 We do not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on the Website and on each Product page. The Products offered for sale on the Website may not exactly correspond to the real Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.

1.4 Products ordered on this Website may only be shipped to the countries indicated here: Japan(the "Country"). Please see Section 4 in these T&Cs for more information.

1.5 These T&Cs (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and Bally.

2. HOW TO PROCESS AN ORDER

2.1 To place an order you should select the Products you desire to purchase on the Website, select a size, add the items to your shopping bag by clicking on “Add to Shopping Bag”. Once you are ready to checkout, click on the shopping bag icon at the top right of the screen which will display all of the Products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, colour and size before proceeding. Once you are ready to proceed with your order, click on “Secure Checkout” where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these T&Cs, click on the relevant acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest check out.

2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.

2.3 Your order is an offer to Bally to buy the Product(s) contained within your order and is binding for a period of 15 (fifteen) days. An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order which has been received and is being assessed.

2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.

2.5 Your offer shall be deemed as accepted and the relevant contract of sale is effective from the moment Bally dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and details ("Order Status Update").

2.6 If your order is dispatched in more than one package, you may receive separate email for each package and by means of each separate order we conclude a separate contract of sale for the Product(s) specified in these emails.

2.7 You may access your order form by clicking on the section called My Account, Track My Order.

2.8 Bally reserves the right not to accept your order at its own discretion. In such case, Bally will inform you by email of the cancellation of the order.

2.9 By submitting an order form, you unconditionally accept and undertake to comply with these T&Cs as well as further conditions contained on the Website (including the Privacy Policy, Returns Policy and the Warranty Policy).

2.10 We strongly invite you to print a copy of these T&Cs and the order form using the print option and save a copy thereof for your own personal use.

3. PRICES AND PAYMENTS

3.1 All prices indicated on each Product page are inclusive of consumption taxes. You need to incur a consumption tax (8 percent of price of product). Prices are subject to change. However, such changes will not impact the price, or the description of the Products which you have already submitted an order for. The price of Bally retail stores may be different from the Website.

3.2 Although we have taken all reasonable care that prices contained in the Website are accurate at the time of publication, a small number of Products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges.

3.3 You may pay for your order using the payment methods available on the Website such as payments with credit or debit cards and Cash on Delivery (cash only). .

(a) Credit Card or debit card

Available cards: Visa, Master Card, American Express Card, JCB

(For debit cards: only debit cards that are integrated with the above credit cards)

Available payment method: single installment payment only (b) Cash On Delivery

The maximum price for the order (including consumption tax) with Cash on Delivery is JPY 300,000. If you want to purchase items with more than JPY 300,000, you need to place orders separately and each order should be maximum JPY 300,000.

Please pay by cash to the delivery company upon delivery of Product.

You are required to receive the Product that you ordered with Cash On Delivery within 7 days. If you do not receive the Product within 7days, the order will be automatically cancelled.

3.4 We take reasonable care to make our Website secure. All credit or debit card transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your card details in a secure host environment. We will securely store your credit or debit card details on the Demandware platform. These details will be fully encrypted and only used to process card transactions which you have initiated or to issue refund in case of return or unavailability of the Products or for reporting cases of fraud to the police.

3.5 Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly as Bally will be unable to assist you with these types of payment failures.

3.6 Payment will be “reserved” or “frozen” by your card issuer when you attempt to/make a purchase on the Website. If you choose credit or debit card, the price for the purchase of Products and the corresponding costs, as indicated in the order receipt email, will be charged to your chosen payment method only when the purchased Products are actually shipped.

3.7 To ensure that your credit or debit card is not being used without your consent Bally will validate your name, address details and other personal information supplied by you in placing the order through facilities offered by Cybersource Corporation.

3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.

3.9 Refunds, for whatever cause due, of any payment received by you will take place using the following methods in accordance with the method of payment you chose during the check-out procedure and cannot be amended after your order has been placed.

Method of payment you choose Method of refund

Credit or Debit Card Via Credit or Debit Card

Cash On Delivery Via Bank transfer

Bally will not be responsible for any delays beyond its control including delays caused by the method of payment/refund or those incurred by the card issuer.

4. SHIPPING AND DELIVERY

4.1 Bally will cover shipping fees for the delivery.

4.2 Delivery from this Website is restricted to the countries indicate here: Japan.

4.3 Bally are unable to deliver to addresses such as P.O boxes or BFPO. Any orders with these delivery details will be automatically cancelled.

4.4 The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order is dispatched.

4.5 Currently, the Bally carriers are only able to deliver Monday to Friday (excluding public holidays), during working hours in the relevant Country.

4.6 We will make every effort to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and Bally will not be liable for any delay in delivery.

4.7 All shipments will require a legible signature of the customer upon delivery.

4.8 Upon delivery, it is the customers’ responsibility to ensure that the parcel that they are signing for is without damage, visible alteration or wet.

4.9 Upon full and correct payment, delivery, and signature of the parcel, the Products will become your property and you will become fully responsible for the Products.

5. RIGHT OF WITHDRAWAL/RETURNS POLICY

5.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by either contacting Client Services on 0120-00-9570, Email:ClientServicesJP@Bally.ch. You have seven (7) working days from delivery of the Products to submit your returns request by email or phone call.

5.2 More details of your right of withdrawal, terms and conditions and explanations of how to exercise it are provided in the Confirmation and in the Returns Policy.

6. WARRANTY

6.1 Bally warrants to the consumer that the Products that we delivery from this Website comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery.

6.2 Details of the statutory warranty on consumer goods, terms and conditions and explanations of how to exercise the relevant rights and returning the defective Products are provided in the Warranty Policy.

7. CLIENT SERVICES

7.1 Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and returning Products purchased on the Website. Client Services can be contacted on 0120-00-9570 or via email at ClientServicesJP@Bally.ch Client Services operating times are: Monday to Friday, 10am-7pm.

8. LIMITATION OF LIABILITY

8.1 The Products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality.

8.2 Except for cases of gross negligence and fraud, in no event will Bally and/or its affiliate be liable to the buyer for lost profit or any damages of any nature arising out or related to these T&CS and/or in connection with third party claims raised against the purchaser of the Product.

8.3 Although we have taken all reasonable care that the information contained within the Website is accurate at the time of publication, no representation or promise (including liability towards third parties), expressed or implied, is made as to its accuracy or completeness or fitness for any purpose by us or our group companies.

8.4 The total amount of Bally's liability in respect of the purchase of Products under these T&Cs is limited to the amount paid by the buyer for the purchase of the Products.

8.5 Liability based on statutory provisions protecting consumers shall remain unaffected.

9. PRIVACY

9.1 You will find information on how we process your personal data and on the security systems of the Website by clicking on Privacy Policy. We recommend that you read this carefully.

10. ASSIGNMENT

10.1 Bally may sub-contract the performance of all or any of its obligations under these T&Cs at any time without the consent and may transfer these T&CS (including a transfer resulting from a merger, demerger, division, transfer of a business unit or part of a business unit or the entire business) and/or the purchase contract entered into by and between Bally and the buyer, completely or partially, to third parties (including affiliates of Bally), without the consent of the purchaser.

10.2 The Customer must not assign or subcontract any right or obligation under these T&Cs without the prior written consent of Bally.

11. FORCE MAJEURE

11.1 In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the Products, Bally shall be authorised to postpone deliveries or to cancel them.

11.2 We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.

12. OUR CONTACT DETAILS

12.1 Our contact details are:

Bally Japan Ltd., 1-19-7, Ginza, Chuo-ku, Tokyo

Representative Director: Makoto Takakuwa

Telephone number: (Bally Japan Client Service) 0120-00-9570
(Monday to Friday, 10am-7pm )

Email: ClientServicesJP@Bally.ch

13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES

13.1 These T&Cs supersede and replace all prior general conditions of sale of the Website.

13.2 These T&Cs and all the other policies of the Website may be amended from time to time due to new laws and regulations or other reasons. The new T&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publications.

14. SEVERANCE

14.1 If any provision of these T&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&Cs which shall remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION

15.1 These T&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Japan. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the court of Tokyo, without affecting the consumer's right to start a claim before the courts of the place of residence.

These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website at the date of your submission of the order form.

The effective date of these General Terms and Conditions of sale is 28^th September 2015.

PRIVACY POLICY

1. Scope and Consent

1.1 This privacy policy ("Privacy Policy") is applicable to the website www.bally.jp (the "Website") and refers to the processing of personal data during both the Website navigation by users who only consult the Website and the interaction with the services and features offered through the Website (including the online store) by users who freely provide their information by filling in specific forms and/or via email in order to access reserved sections within the Website or receive newsletter and/or commercial and promotional information.If the user is purchasing as a guest customer we will not process his data for profiling purposes.

1.2 The Privacy Policy specifies the identity of the data controller that controls and manages the personal data collected and processed through the Website, and indicates which personal information is to be collected, the purposes and ways of processing and communicating to third parties the user's personal data, the security measures adopted in order to protect said data and the ways in which the user may check the data processing regarding his/her person and exercise his/her rights.

1.3 By using the Website the user consents to our collection, use, disclosure, retention, storage and transfer of his/her personal information as described in this Privacy Policy, in the General Terms and Conditions of Sale and General Terms and Conditions of Use. We may amend this Privacy Policy and the new terms shall be effective as of the date of publication on the Website.

1.4 This information is provided solely for the Website and does not extend to other websites which the user may be able to consult via a link and/or activities offered by third parties.

2. the Data Controllers

2.1 The data controller of the Website is Bally Japan Ltd. ("Bally", "we", or "us"), with registered office in 1-19-7 Ginza, Chuo-ku, Tokyo (Japan).

2.2 As indicated in the General Terms and Conditions of Sale, the online store of the Website is managed by the company Bally Japan Ltd., with registered office in 1-19-7 Ginza, Chuo-ku, Tokyo (Japan). Bally deals with managing sales and transactions carried out through the Website, such as processing orders, sale and delivery of products, processing returns and warranties and other activities necessary for the sale of products through the Website. For the managing and the implementation of activities required for the sale of products through the Website, Bally processes users data (including name and surname, address and user credit card details).

3. Collection of Personal Information

3.1 User can browse our Website without telling us who he/she is or revealing any personal information about himself/herself. If user chooses to provide us with personal information for the user of our services and features offered through the Website, he/she is no more anonymous to us.

3.2 We collect the following types of personal information (collectively "Data") in order to provide you with the use of and access to our Website and/or the relevant e-commerce services and to help us to personalize and to improve your experience on the Website:

(a) Information we collect automatically: the computer systems and processing programs required to run the Website log, during their normal operation, certain data whose acquisition is automatic and inevitable (whenever Internet protocols are used) and which, for their own nature, may allow the identification of the users if they are processed and associated with other data owned by third parties, including, but not limited to, device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referral URL, IP address, and standard web log information, anonymous information collected through our use cookies and web beacons (collectively, "Surfing Data"). Bally collects Surfing Data exclusively for statistical purposes and in anonymous form in relation to the access of the Website and for purposes of monitoring the correct functioning of the Website and of enhancing the Website functioning and content.

(b) data provided voluntarily by users: personal information provided voluntarily by users via email, user interaction with the Website's features, requests for services offered by the Website, completion of specific forms to access reserved sections of the Website and to be provided with e-commerce service offered through the Website, including name, gender, email address, phone number, physical contact information, (depending on the service used) sometimes financial information, such as credit card and/or or bank account numbers, postage, billing and other information user provides to purchase products through the Website, as well as, additional personal information we may ask you to provide our services.

4. Cookies and Automatic data collection tools

4.1 The Website uses automatic systems of data collection such as cookies. A cookie is a device transmitted to the hard disk of an Internet user: it does not contain intelligible information but it allows linking between an Internet user and his/her personal data (such as, by way of example, user’s IP address and other information about user’s experience on the Website and his/her preferences expressed while choosing services and purchasing products offered by the Website) provided by the user on the Website. Cookies are disseminated by servers and no one may gain access to information contained therein. These information and data are gathered directly and automatically by the Website and are processed in a collective and anonymous way.

4.2 The acceptance of automatic data collection procedure and the use of cookies are necessary for using the Website and its services. In case a user starts the procedure of deleting cookies Bally cannot ensure that all web pages of the Website will be displayed or that certain services will be supplied. You can review our Cookie Policy for more information.

5. Data submission

5.1 The submission of Data by the user is necessary to subscribe to the Website and to access the services and features offered by the Website and in the reserved areas, including the online store and the relevant e-commerce services. Failure to provide Data will prevent the user from accessing and using said services and features.

5.2 The submission of Data for marketing purposes is always voluntary and optional. Any non-submission of Data for such activities will have no consequence on the user's possibility to use the services and features offered by the Website.

6. Processing methods and purposes

6.1 Data shall be processed manually or with the aid of electronic tools for the following purposes:

(a) operations management of Website navigation and relevant access data;

(b) data security and Website security management;

(c) to provide e-commerce services offered through the Website;

(d) to provide other services requested by users as described when we collect the information;

(e) to prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our General Terms and Conditions of Sale and General Terms and Conditions of Use

(f) for market research and statistical processing;

(g) to contact users for other purposes authorized by the applicable law.

6.2 Furthermore, with the user's consent that is free and optional, Bally may also process Data for purposes of defining individual or group profiles (user profiling) and for marketing purposes, notably to send to user, also through newsletters, emails or text messages, information and updates on Bally products or initiatives, offers, exclusive sales, promotional campaigns and on the events, shows and similar events organized by Bally or to which Bally takes part to, including invitation to such event. The user has always the possibility to object the processing of his/her Data for marketing purposes and/or the delivery of promotional information through email.

6.3 We do not sell users’ Data to third parties for their marketing purposes without users’ explicit consent. We may combine users’ Data with information we collect from other sources and use it to improve and personalize our advertising and marketing to users.

7. Storing and Protecting Data

7.1 Data collected will be stored and processed via an electronic system located in Bally and elsewhere in the world.
We retain your personal data for 7 years from the subscription date for the purposes specified in the paragraph 6. However, in some circumstances, we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements. After this period, your data will be permanently erased or otherwise rendered anonymous in an irreversible way.

7.2 We protect user’s Data using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls.

7.3 We take steps to ensure that the users’ Data we collect is accurate and up to date, and we provide users with the opportunity to update their information as specified in this Privacy Policy.

8. Data Communication and Disclosure

8.1 Data will be accessible within Bally organization by the internal and external personnel.

8.2 We may also share users’ Data with:

(a) any other company within the Bally Group. All security and privacy measures have been put in place at Group level in order to ensure an adequate level of data protection irrespective of the geographical location of each Bally Group company that is the receipt of the above mentioned Data. Members of Bally Group may use users’ Data to send marketing communications only if users have consented to their services and will use users’ Data in compliance with their respective privacy policies and applicable law;

(b) professionals, independent consultants, credit bureaus, banks and financial institutions, third party companies to which Bally may revert to in relation to performance of technical and organizational services as well as service providers under contract who help with our business operations (such as, but not limited to, Website operations, payment services, shipments, fraud investigations, bill collection, affiliate and rewards programs);

(c) other third parties to whom users explicitly ask us to send their information (or about whom users are otherwise explicitly notified and consent to when using a specific service);

(d) law enforcement or regulatory agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity through the Website that may expose us and/or the user to legal liability;

(e) other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to users’ Data.

8.3 The aforementioned subjects that receive user's Data will process them as data controllers or co-data controllers, data processors and/or persons in charge of processing Data as the case may be, for the same purposes above specified and according to applicable Personal Information Protection law. The list of data processors and the receiver of data can be requested at any time by the user of Bally.

8.4 If users’ Data will be used or disclosed for any purposes not set out in the Privacy Policy, they shall receive prior notification.

9. Data Subject’s Rights

9.1 User is entitled to obtain, at any time, a copy of their information and to have any inaccuracies corrected. Where appropriate, the user may have their personal information erased, rectified, amended or completed. Please Call to us at Phone number 0120-00-9570 or send an email to ClientServicesJP@Bally.ch.

9.2 User may revoke, at any time, consent to the delivery of commercial and promotional material via email by clicking the “unsubscribe” link in every commercial communication sent by Bally and/or other companies of Bally Group.

Cookie Policy

Our website uses cookies to improve your online experience. By means of this cookie policy, Bally, in its quality as controller, wishes to inform you about which cookies are used and how to manage them.

It is possible that information collected through a cookie or obtained otherwise, contains personal data. If this is the case, Bally’s Privacy Policy is applicable on the processing of these data. The Privacy Policy can be read here.

When the installation of cookies is based on consent (as indicated below), this consent can be freely revoked at any time by following the instructions contained in this document.

You may find more information about the use of cookies on websites at www.allaboutcookies.org.

1. What is a cookie?

Cookies are small text files that are sent to the user’s terminal equipment (usually to the user’s browser) by visited websites; they are stored in the user´s terminal equipment to be then re-transmitted to the websites on the user´s subsequent visits to those websites.

We mostly use them to offer you a proper or enhanced browsing experience and collect statistics to optimize site functionality. Any additional information, including that allowing us to deliver marketing based on your interests, shall only be stored upon your prior consent.

2. Different types of cookies

Cookies can be installed directly by us, with our website domain (“Bally’s cookies”) or by third-party providers (“third-party cookies”).

Some cookies can be persistently stored in the user’s device until their expiration or deletion by the user and other can be automatically eliminated any time the website browsing session ends or when the browser is closed (“session cookies”).

Depending on their purpose, cookies may be distinguished into two major groups: “technical” cookies and “profiling” cookies, as better illustrated below:

A. Technical cookies

Technical cookies are those used exclusively with a view to carrying out the transmission of a communication on a digital/electronic network, or insofar as this is strictly necessary to the electronic service provider that has been explicitly requested by the user to provide the said service. These cookies can be divided into:

• browsing cookies, which guarantee a regular browsing experience on a website (e.g. allowing the access to restricted areas); disabling these cookies may impair the user’s browsing experience and prevent some web page to be displayed properly;
• analytics cookies, which anonymously analyse the use of a website (e.g. the number of visitors of clicks for each webpage) for statistical survey and optimization purposes; disabling these cookies will not impair the user’s browsing experience;
• functional cookies, which enable additional functionalities such as saving the user’s preferences and settings, such as language, so as to enhance the quality of service; disabling these cookies will not impair the user’s browsing experience, but will prevent the user to benefit of the functionalities offered by these types of cookies.
B. Profiling cookies

Profiling cookies are aimed at creating user profiles. They are used to send ads messages in line with the preferences shown by the user during navigation. A website can operate without them without impairing in any way the user’s browsing experience.

These cookies require the users’ informed consent to be installed.

3. Types of cookies we may use

Below you may find a list of the cookies that are most commonly used by Bally, along with an explanation of how they are each used.

Bally’s cookies
Cookie name	Duration (days)	Type	Purpose	Status
__cq_seg	30	Tracking Cookies (advertising)	ID	ON
_dc_gtm_UA-50986242-10	session	Tracking Cookies (advertising)	Tracking cookies used for data collection	ON
_dc_gtm_UA-50986242-2	session	Tracking Cookies (advertising)	Tracking cookies used for data collection	ON
__cfduid	365	technical cookies	GetClicky - Web Statistics Tool	ON
_uetsid	session	technical cookies	Session cookie	OFF
dw	session	technical cookies	Session cookie	ON
dw_cookies_accepted	session	technical cookies	Cookie privacy functionality	ON
dwresolutiondefined	session	technical cookies	HTTP cookie	ON
dwsecuretoken_8ddf8f49e3d01ec3f8add66f5027eccd	session	technical cookies	http session	ON
dwsid	session	technical cookies	Session cookie	ON
firstVisit	365	technical cookies	First-time site visitor functionality	ON
firstVisitHeader	365	technical cookies	First-time site visitor functionality	ON
sid	session	technical cookies	Session cookie	ON
__cq_bc	30	analytics cookies	Analytics cookie	ON
__cq_uuid	395	analytics cookies	This cookie stores a random unique user identifier.	ON
_ga	730	analytics cookies	Storage of the ID anonymous visitor to the site for retargeting	ON
_gat_globalTracker	session	analytics cookies	Analytics cookies used for data collection	OFF
_gat_siteTracker	session	analytics cookies	Analytics cookies used for data collection	OFF
_gat_UA-50986242-10	session	analytics cookies	Analytics cookies used for data collection	OFF
_gat_UA-50986242-2	session	analytics cookies	Analytics cookies used for data collection	OFF
_gid	1	analytics cookies	Analytics cookies used for data collection	ON
cqcid	session	analytics cookies	Contains a hashed ID for an anonymous use	ON
cquid	session	analytics cookies	Contains a hashed ID for a known, logged-in user	OFF
dwac_bdlPsiaai8xDcaaadjvM2CLQzb	session	analytics cookies	Analytics cookies used for data collection	ON
dwanonymous_8ddf8f49e3d01ec3f8add66f5027eccd	180	analytics cookies	Anonymous customer tracking	ON
_qPageNum_bally_uk	session	analytics cookies	Qubit analytics software	ON
_qsst	session	analytics cookies	Qubit analytics software	ON
_qst	365	analytics cookies	Qubit analytics software	ON
_qubitTracker	365	analytics cookies	Qubit analytics software	ON
_qubitTracker_s	session	analytics cookies	Qubit analytics software	ON
qb_permanent	365	analytics cookies	Qubit analytics software	ON
qb_persist_test	1	analytics cookies	Qubit analytics software	OFF
qb_session	session	analytics cookies	Qubit analytics software	ON
rr_rcs	730	analytics cookies	Used by RichRelevance to collect anonymous data of the user's navigation	OFF
stc113407	365	analytics cookies	Rakuten - stores session information in order to track affiliate purchases	ON
weird_get_top_level_domain	session	HTTP Cookie	Determines the preferred language and country-setting of the visitor	OFF
__cq_dnt	session	analytics cookies	Analytics cookie to track anonymous or logged in users to measure and improve performance, and support personalisation of site content	ON
__cqact	session	technical cookies	Contains activities that are queued up and sent from the browser, and is deleted immediately upon sending	OFF
_qsst_s	session	analytics cookies	Qubit analytics software	ON
_qst_s	365	analytics cookies	Qubit analytics software	ON
cookietest	session	technical cookies	To check if browser blocks/allows cookies	OFF
dw_dnt	session	technical cookies	Session cookie	ON
x_qtag_1133968	365	Advertising	Advertising Cookies are used for marketing purposes	ON
__lc.visitor_id.8978590	1000	technical cookies	LiveChat cookies	ON
_fbp	90	HTTP Cookie	Used by Facebook to deliver a series of advertisement products	ON
_gcl_au	90	HTTP Cookie	Used by Google AdSense for experimenting with advertisement efficiency across websites using their services	ON
lc_sso8978590	1000	technical cookies	LiveChat cookies	ON
lc_window_state	session	technical cookies	LiveChat cookies	ON
shippingCountry	365	technical cookies	To store users shipping country	ON
rmStore	30	analytics cookies	Rakuten - stores session information in order to track affiliate purchases	ON
sr_browser_id	10950	analytics cookies	ShopRunner cookies	ON
sr_pik_session_id	1	analytics cookies	ShopRunner cookies	ON
dwgeoip	365	analytics cookies	Converts user IP into geographic location record	ON
dwapupreq	1	session	technical cookies	ON
DISABLE ALL BALLY COOKIES
* it remains understood that, while we consider the consent given to profiling cookies as expired after each 12-month period after, we may keep a record of the consents given with the purpose of proving compliance with the applicable law for 10 years after the expiry of the last applicable 12-month period.

Bally also uses third-party cookies from other providers as listed and described below.

The installation of profiling, retargeting, analytic and social media cookies belonging to third parties, as well as any other activity relating to such cookies, including collection and processing of information, shall be the responsibility of such third parties.

Cookie name	Duration (days)	Type	Purpose	Provider
demdex	180	Tracking Cookies (analytics)	Storage of the ID anonymous visitor to web site cross domain	www.demdex.net
dpm	180	Tracking Cookies (analytics)	ID	www.dpm.demdex.net
NID	183	Tracking Cookies (analytics)	The NID cookie contains a unique ID Google uses to remember your preferences	www.google.com
user_id	365	Tracking Cookies (advertising)	HTTP Cookie	api.periscope.tv
MUIDB	390	Tracking Cookies (advertising)	ID	bat.bing.com
uid	60	Tracking Cookies (advertising)	ID	www.adform.net
c	365	Tracking Cookies (advertising)	ID	www.bidswitch.net
tuuid	365	Tracking Cookies (advertising)	ID	www.bidswitch.net
tuuid_lu	365	Tracking Cookies (advertising)	ID	www.bidswitch.net
MUID	390	Tracking Cookies (advertising)	ID	www.bing.com
bkdc	180	Tracking Cookies (advertising)	HTTP Cookies	www.bluekai.com
bku	180	Tracking Cookies (advertising)	ID	www.bluekai.com
IDE	730	Tracking Cookies (advertising)	ID	www.doubleclick.net
test_cookie	session	Tracking Cookies (advertising)	ID	www.doubleclick.net
fr	90	Tracking Cookies (advertising)	Encrypted Facebook ID and Browser ID	www.facebook.com
sb	730	Tracking Cookies (advertising)	Facebook cookies	www.facebook.com
wd	7	Tracking Cookies (advertising)	Facebook cookies	www.facebook.com
uuid	393	Tracking Cookies (advertising)	ID	www.mathtag.com
uuidc	393	Tracking Cookies (advertising)	ID	www.mathtag.com
HRL8	28	Tracking Cookies (advertising)	Tracking cookies used for data collection	www.mathtag.com
mt_misc	30	Tracking Cookies (advertising)	Tracking cookies used for data collection	www.mathtag.com
mt_mop	30	Tracking Cookies (advertising)	Tracking cookies used for data collection	www.mathtag.com
_pinterest_sess	390	Tracking Cookies (advertising)	Pinterest cookies	www.pinterest.com
_twitter_sess	session	Tracking Cookies (advertising)	Twitter cookies	www.twitter.com
cid	60	3rd party cookies	Adform Cookie	a2.adform.net
ca	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
cv	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
m	session	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
n	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
psthc	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
pv	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
s	session	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
sthc	session	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
uc	365	3rd party cookies	Rich Relevance recommender cookies	recs.richrelevance.com
bs_mop_u3s	30	3rd party cookies	Medimath’s cookie	u3s.mathtag.com
sc_f	1825	3rd party cookies	Paypal cookies	www.c.paypal.com
_cc_aud	270	3rd party cookies	Lotame tracking cookie	www.crwdcntrl.net
_cc_cc	session	3rd party cookies	Lotame tracking cookie	www.crwdcntrl.net
_cc_dc	270	3rd party cookies	Lotame tracking cookie	www.crwdcntrl.net
_cc_id	270	3rd party cookies	Lotame tracking cookie	www.crwdcntrl.net
_#pid	90	3rd party cookies	Rakuten marketing cookie	www.dc-storm.com
mcd	session	3rd party cookies	Instagram cookies	www.instagram.com
mid	7300	3rd party cookies	Instagram cookies	www.instagram.com
csrftoken	394	3rd party cookies	Instagram cookies	www.instagram.com
rur	session	3rd party cookies	Instagram cookies	www.instagram.com
urlgen	session	3rd party cookies	Instagram cookies	www.instagram.com
JSESSIONID	session	3rd party cookies	Linkedin cookies	www.linkedin.com
bscookie	731	3rd party cookies	Linkedin cookies	www.linkedin.com
lang	session	3rd party cookies	Linkedin cookies	www.linkedin.com
leo_auth_token	session	3rd party cookies	Linkedin cookies	www.linkedin.com
_gat	session	3rd party cookies	Linkedin cookies	www.linkedin.com
bcookie	731	3rd party cookies	Linkedin cookies	www.linkedin.com
lidc	1	3rd party cookies	Linkedin cookies	www.linkedin.com
visit	730	3rd party cookies	Linkedin cookies	www.linkedin.com
_bsw	session	3rd party cookies	Mediabong’s cookie	www.mediabong.com
_mb	session	3rd party cookies	Mediabong’s cookie	www.mediabong.com
akavpau_ppsd	session	3rd party cookies	Paypal cookies	www.paypal.com
enforce_policy	365	3rd party cookies	Paypal cookies	www.paypal.com
KHcl0EuY7AKSMgfvHl7J5E7hPtK	7300	3rd party cookies	Paypal cookies	www.paypal.com
ts	1096	3rd party cookies	Paypal cookies	www.paypal.com
tsrce	1	3rd party cookies	Paypal cookies	www.paypal.com
x-csrf-jwt	7	3rd party cookies	Paypal cookies	www.paypal.com
x-pp-s	session	3rd party cookies	Paypal cookies	www.paypal.com
X-PP-SILOVER	session	3rd party cookies	Paypal cookies	www.paypal.com
44907	90	3rd party cookies	Paypal cookies	www.paypal.com
47364	session	3rd party cookies	Paypal cookies	www.paypal.com
_cookiecheck	session	3rd party cookies	Paypal cookies	www.paypal.com
AKDC	session	3rd party cookies	Paypal cookies	www.paypal.com
nsid	session	3rd party cookies	Paypal cookies	www.paypal.com
tcs	session	3rd party cookies	Paypal cookies	www.paypal.com
PYPF	28	3rd party cookies	Paypal cookies	www.paypalobjects.com
amplitude_idperiscope.tv	3650	3rd party cookies	Periscope cookies	www.periscope.tv
amplitude_testperiscope.tv	3650	3rd party cookies	Periscope cookies	www.periscope.tv
pscp-csrf	30	3rd party cookies	Periscope cookies	www.periscope.tv
amplitude_cookie_test	session	3rd party cookies	Periscope cookies	www.periscope.tv
_auth	360	3rd party cookies	Pinterest cookies	www.pinterest.com
bei	session	3rd party cookies	Pinterest cookies	www.pinterest.com
c_dpr	session	3rd party cookies	Pinterest cookies	www.pinterest.com
c_vh	session	3rd party cookies	Pinterest cookies	www.pinterest.com
c_vw	session	3rd party cookies	Pinterest cookies	www.pinterest.com
sessionFunnelEventLogged	1	3rd party cookies	Pinterest cookies	www.pinterest.com
us_open_umbrella_board	session	3rd party cookies	Pinterest cookies	www.pinterest.com
us_open_umbrella_klp	session	3rd party cookies	Pinterest cookies	www.pinterest.com
us_open_umbrella_pin	session	3rd party cookies	Pinterest cookies	www.pinterest.com
mvtid	365	3rd party cookies	Rich Relevance recommender cookies	www.richrelevance.com
UIDR	720	3rd party cookies	Score card research’s cookie	www.scorecardresearch.com
skimGUID	365	3rd party cookies	Skim’s Cookie	www.skimresources.com
skimORIGIN	365	3rd party cookies	Skim’s Cookie	www.skimresources.com
_sca	90	3rd party cookies	Snapchat cookies	www.snapchat.com
country	session	3rd party cookies	Snapchat cookies	www.snapchat.com
session	session	3rd party cookies	Paypal cookies	www.stats.paypal.com
ct0	session	3rd party cookies	Twitter cookies	www.twitter.com
external_referer	7	3rd party cookies	Twitter cookies	www.twitter.com
guest_id	730	3rd party cookies	Twitter cookies	www.twitter.com
personalization_id	730	3rd party cookies	Twitter cookies	www.twitter.com
tfw_exp	14	3rd party cookies	Twitter cookies	www.twitter.com
GPS	session	3rd party cookies	YouTube cookies	www.youtube.com
PREF	243	3rd party cookies	YouTube cookies	www.youtube.com
VISITOR_INFO1_LIVE	180	3rd party cookies	YouTube cookies	www.youtube.com
YSC	session	3rd party cookies	YouTube cookies	www.youtube.com

4. How we collect your consent (when needed)

As indicated on the banner that appeared upon your first visit to our website, your consent to the use of cookies shall be collected when you click on the I ACCEPT button or close the banner.

Please note that we may keep record of your consent by means of a technical cookie, so that the aforementioned banner may not be displayed in your subsequent visits. Notwithstanding, we shall ask you to renew your choice (by the appearance of a new banner) every 12 months and keep record of your previous consents only to prove compliance with the law for so long as the applicable statute of limitation will require.

In any case and at any time, you may freely decide to block the setting of third-party and profiling cookies or to withdraw any previously given consent without affecting your ability to visit the website and avail of the relevant contents.

5. How to manage cookies

You may decide whether you want to allow cookies to be installed or not also by using your browser’s setting area.

However, please be reminded that disabling one or more technical cookies may impair certain features of this website (in particular, browsing cookies are necessary for the proper operation of the basic features of the website).

It is possible to disable/enable or delete the cookies at any time by using the settings of your Web browser. In particular, if you do not wish to receive cookies, it is possible to set your own browser to inform you of the presence of a cookie, thus allowing you to decide whether to accept it or not; you may also automatically refuse all the cookies by enabling the specific browser option. You may also delete specific cookies already stored in the browser or block the storage of cookies on your computer by specific websites, or block third party cookies.

Below, find the methods provided by the main browsers:

• Internet Explorer
• Chrome
• Firefox
• Opera
• Safari

Following the disabling of all cookies, some functions of the website pages may not operate correctly.

Moreover, you may manage your cookie preferences at http://www.youronlinechoices.com.

6. Interaction with social networks and external platforms

Social plugins for Twitter, YouTube, Facebook, LinkedIn, Pinterest, Snapchat and others are used on our website, which displays an icon for each of these social networks or other external platforms.

This type of service allows interaction with social networks, or with other external platforms, directly from the pages of our website, by clicking on the relevant icon. The interactions and information acquired by our website are in any case subject to the user’s privacy settings related to each social network or external platform.

If an interaction service with social networks is installed, it is possible that, even if the users do not use the service, the same collect traffic data relating to the pages in which it is installed. Please be aware that we have no influence on the extent of the data that these social network or external platform collect through these plugins.

You may find detailed information about the scope, type, purpose and further processing of your data and your rights to protection of your privacy by consulting the privacy policy of the relevant social network or external platform. You may also directly click on the links provided below:

• Twitter, Inc.’s privacy policy;
• YouTube’s privacy policy;
• Facebook, Inc.’s privacy policy;
• LinkedIn Corporation’s privacy policy;
• Pinterest, Inc.’s privacy policy;
• Snap, Inc.’s privacy policy.

By first logging out from the pages of your social networks and deleting the cookies that have been set, you can prevent these third parties from collecting information about you during your visit to our website.

WARRANTY POLICY

1.1 Bally warrants to the consumer that the Products comply with the specifications and are free of material defects and workmanship errors for a period of twenty four (24) months from the date of delivery.

1.2 This warranty applies only to Products which are a) manufactured by or for Bally as identified by the "Bally" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.

1.3 If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his/her rights under this warranty policy the customer must notify the Client Services on 0120-00-9570, Email: ClientServicesJP@Bally.ch within a period of seven (7 )working days from the date on which he/she detected such lack of conformity. In any case, the proceedings intended to enforce the lack of conformity not fraudulently hidden by Bally shall in any event expiry after twelve (12) months from delivery of the Product(s). If you offer it after twelve (12) months from delivery of the Product(s), we will not accept your request.

1.4 The Product(s) should be returned to Bally within seven (7) working days following notification to Bally of the damaged or defective Products.

1.5 Bally will examine all Products returned as damaged or defective and in case of a lack of conformity, will replace the Product, or, if this is not possible, refund the price paid.

1.6 Bally will refund the price and your costs of returning defective Products to the credit/debit card (only if you originally choose credit or debit card payment) or to the bank account you designate (only if you originally choose Cash On Delivery payment). If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

1.7 In the event that Bally finds no fault with the returned Products, you will be notified on the above and that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, Bally reserves the right to retain the Products and the purchase price.

1.8 This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Bally; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions or lack of responsible care, (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.

1.9 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described.