SNOW PEAK WEBSITE TERMS AND CONDITIONS OF SALE (UK)
1 INFORMATION ABOUT US
1.1 We are Snow Peak, London Limited, a company registered in England and Wales. Our company registration number is 11691261 and our registered office is at 11 Staple Inn, London, WC1V 7QH. Our registered VAT number is 319589753.
1.2 You can contact us by emailing us at firstname.lastname@example.org, or by writing to us at Snow Peak London, Limited The Old Dairy, Peper Harow Park, Godalming, Surrey GU8 6BQ, U.K
1.3 If we have to contact you, we will do so by emailing you, telephoning you or by writing to you using the contact details you provided to us when you opened your Account (as defined below) or when you placed your order.
1.5 These are the terms and conditions on which Snow Peak, London Limited (“Snow Peak”, we”, “us”, “our”) sells products to you through this website. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may cancel orders, and what to do if there is a problem.
1.6 We only sell products to consumers via our website. By placing your order with us, you confirm that you are acting as a consumer and that you are not acting in the course of a trade, business or profession and that you are not purchasing the products for business, re-sale or wholesale purposes.
1.7 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read the terms and conditions on each occasion you use this website to make sure you are familiar with them and your continued use of this website (and / or your transacting through this website) shall be deemed your acceptance to be bound by the latest version of the terms and conditions published on this website.
1.8 You can set up an account for a faster and more convenient checkout experience (“Account”). To set up an Account you will need to register with us by providing us with certain information about you and you will also need to set up a username and password for your Account (“Log-In Information”). You must make sure the information you provide to us is accurate and complete, and you must let us know straight away of any changes to the information. You must keep your Log-In Information strictly confidential because you will be responsible for any activity (including transactions concluded) on and through your Account and using your Log-In Information. If you suspect or believe that an unauthorised third party knows your Log-In Information or has accessed your Account, you must let us know immediately so we can disable your Account. Your Account is strictly non-transferrable. We reserve the right to disable your Account at any time and for any reason.
1.9 Certain products have age restrictions and you must not order age-restricted products from us unless you are the correct age. If you are asked to confirm your age, you promise that the information you give us is true. We reserve the right to carry out further checks to verify your age where we deem it necessary. We also reserve the right to cancel your order if we believe you are not the right age to purchase the product.
2 ORDER PROCESS
2.1 The orders you place with us through this website are subject to these terms and conditions.
2.2 To place an order with us you will need to provide us with certain information during the order process including your name, email address, telephone number, shipping address and payment information. It is your responsibility to make sure the information you provide to us is accurate and complete and we have no responsibility to verify any such information.
2.3 When you submit your order you will receive an order acknowledgement from this website and a separate order acknowledgement by email. Please note the order acknowledgement is not acceptance of your order by Snow Peak. Our acceptance of your order and the completion of the contract between you and us will take place when the products you ordered are dispatched to you. Either you or we may cancel the order at any time prior to dispatch of the products you ordered.
2.4 If we are unable to accept your order, we will inform you of this and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.5 Some of our products may be listed on our website as “Waitlist Only”. These products are out of stock due to high customer demand. If you would like to be notified when the product becomes available, you can sign up to our “Notify Me” service on the relevant website product page.
2.6 For security reasons, we reserve the right to limit the number of products which can be ordered in one transaction.
2.7 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.8 Please keep a record of your order acknowledgements in case you need to refer to them in the future.
3 THE PRODUCTS
3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your device’s display of the products accurately reflects the products. Your product may vary slightly from those images.
3.2 The packaging of the product may vary from that shown in images on our website.
3.3 All product sizes, measurements and specifications on our website are approximate but we do our best to make sure they are accurate.
3.4 It is your responsibility to make sure you use the product only for its intended purpose and in accordance with its user guides, directions and instructions. We shall not be liable for any loss or damage you may suffer or incur as a result of your incorrect use of the product.
3.5 We reserve the right to remove or suspend products from sale at any time. In the unlikely event there are safety concerns with a product, we reserve the right to cancel orders and to issue product recalls which you must comply with (and we will, where appropriate, refund the amount you paid us for those products).
4 DELIVERY, RISK AND OWNERSHIP
4.1 This website is only for the sale and delivery of products to customers in the UK.
4.2 During the order process we will let you know the estimated delivery date for your order. We will do our best to deliver your products by the estimated delivery date, but we cannot guarantee to deliver your products within the estimated timeframe.
4.3 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or our carrier) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
4.4 If you do not collect the products from our store as arranged or if, after a failed delivery to you, you do not promptly re-arrange delivery or collect the products from a delivery depot, you may be charged for storage costs and re-delivery costs.
4.5 You will be responsible for the risk of loss or damage to the product from:
4.5.1 the time we (or our carrier) deliver the product to you or from the time the product is left with a person or at a place nominated by you.
4.6 Ownership of the products shall pass to you on delivery of the products provided that we have received full payment for the products and the delivery charges from you in cleared funds. Until that point, we shall continue to own the products.
5 CANCELLATIONS AND RETURNS
Changing your mind
5.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, whenever you purchase products online you have the right to change your mind, cancel your order and to receive a full refund within the 14-day cooling-off period. For products you buy online from Snow Peak, this means you have 14 days after the day you (or someone you nominate) receives the product to change your mind about the product.
5.2 However, some products are not covered by the cooling-off period referred to in clause 6.1. These products are:
5.2.1 products that are made to your specifications or are clearly personalised; and
5.2.2 products which are sealed for health protection or hygiene reasons which have become unsealed after delivery.
5.3 You must always take good care of the products and you must return the products to us in new, unused, unworn, unwashed condition and with their original tags and labels attached, and with their original packaging and their original documentation.
5.4 We will make sure the products we supply conform to our contract with you. In the unlikely event that you receive a faulty or misdescribed product from us, the Consumer Rights Act 2015 grants you certain rights to cancel your order and to receive a refund or to have the product repaired or replaced free of charge. However, you cannot claim for accidents, neglect, misuse, failure to follow the product’s manual or instructions or for fair wear and tear. You also cannot claim for products which are beyond the natural lifespan of the product.
The Snow Peak Apparel Warranty and Lifetime Warranty
5.5 In addition, Snow Peak also provides:
5.5.1 the Snow Peak Apparel Warranty for all Snow Peak apparel; and
5.5.2 the Snow Peak Lifetime Warranty for all Snow Peak outdoor hard goods (known as “gear”),
(together the “Snow Peak Warranties”).
5.6 The Snow Peak Apparel Warranty applies for 12 months from the date of collection or delivery of the products. The Snow Peak Lifetime Warranty applies for the natural lifetime of the product.
5.7 Under the Snow Peak Warranties, if you find that one of our products is faulty, simply contact Snow Peak User Services by telephone or email using the contact details set out in clause 6.9. If we find that the product did not live up to our standards, we will repair it or exchange it free of charge. In all other cases, we will provide the necessary repairs for a reasonable fee. However, you cannot claim for accidents, neglect, misuse, failure to follow the product’s manual or instructions or for fair wear and tear. We will not repair or exchange products which are beyond the natural lifespan of the product.
5.8 The Snow Peak Warranties do not affect your statutory rights as a consumer referred to in clause 6.4.
Cancellations and returns
5.9 If you wish to return your product because it is faulty or misdescribed, or if you wish to exercise your rights to change your mind and cancel your order within the 14-day cooling-off period, please let us know by emailing us at email@example.com. You can also use the cancellation form set out in the Schedule at the end of these terms and conditions to exercise your rights to change your mind and cancel your order within the 14-day cooling-off period.
5.10 If you wish to return your product because it is faulty or misdescribed, please email the following information to firstname.lastname@example.org: your name and address, your order number, details of the products you are returning, a brief description of the fault or problem, and photographs of the fault or problem. Upon receipt of this information, we will aim to respond via e-mail within 72 hours.
5.11 We reserve the right to require proof of purchase for the products to process your claim.
5.12 If you wish to return your product because it is faulty or misdescribed, you must let us know as soon as possible on discovering the issue and you must return the product to us promptly. If there is an unreasonable delay, it may invalidate your claim.
5.13 You must return the products to us, by posting them back to us at our return address which you will find on our reply email to your return request.
5.14 If you return the products to us, you must make sure the products are in original condition and securely packaged and that the Order reference number is clearly attached to the package or parcel.
5.15 If you return the products to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secured delivery method. If the products are damaged, destroyed, lost or stolen in transit, we may charge you (or not refund you) the amounts that are attributable to the damage, destruction, loss or theft of the products.
5.16 If you return the products because they are faulty, we reserve the right to carry out an inspection of the products to determine whether they are actually faulty or whether the damage has been caused by some other means (such as accident, neglect, misuse, failure to follow the product’s manuals or instructions or fair wear and tear).
5.17 We will reimburse you for the reasonable costs of returning the products if:
5.17.1 following our inspection, the products are found to be faulty or misdescribed; or
5.17.2 you are canceling the order in accordance with these terms and conditions because we have told you of an error in the pricing of the product under clause 7.3.
5.18 In all other circumstances (including where you are exercising your right to change your mind and cancel your order within the 14-day cooling-off period) you must pay the costs of return.
5.19 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
5.20 Where you are entitled to a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the refund, as follows:
5.20.1 where you have exercised your right to change your mind and cancel your order in the 14-day cooling-off period, we may reduce your refund of the price (excluding delivery costs) to reflect any damage or reduction in the value of the products caused by you handling the products beyond what is necessary to establish the nature, characteristics and functioning of the products. If we refund you the price paid before we are able to inspect the products and later discover any such damage or reduction in value, you must pay us an appropriate amount to cover the damage or reduction in value;
5.20.2 if you received any special offers, these will be deducted from your refund as appropriate. For example, if you purchased two items costing £60 each as part of a promotional package for £100 and you return only one item, we will charge you £60 for the item you keep and refund you the balance of £40;
5.20.3 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
5.20.4 where you ordered multiple products from us as part of a single order, but you do not return all those products, we will not refund the delivery costs to you.
5.21 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and cancel your order within the 14-day cooling-off period, then:
5.21.1 if we have not offered to collect the product from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; and
5.21.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
5.22 Please note that refunds to PayPal accounts may take longer to show up in your account.
6 PRICE AND PAYMENT
6.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We will also separately display the delivery charges which will be applied to your order. We take all reasonable care to ensure that the price of the product and the delivery charges advised to you are correct.
6.2 During the order process, you will be provided with the delivery options available for your order and the cost of each delivery option. You can choose the delivery option which suits you best. The cost of delivery will be added to the cost of your order.
6.3 If we discover an error in the price of the products or delivery charges, we will inform you as soon as possible. We will give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already made payment, you will receive a full refund. If your order is cancelled and you have already received the products, you must return them to us promptly to receive your refund.
6.4 The prices on our website are displayed in GBP pounds sterling.
6.5 During the order process you will be given the option to enter the details of any gift card and any discount code which will be used to pay for the products. Once you enter the details, we will apply the relevant amount to the price of your order and you will be required to pay the balance.
6.6 We take payment from your payment card when we receive your order. In the event we are unable to supply the products you ordered, we will let you know as soon as possible and we will refund the amount you paid for the product and the delivery charges to the card you used to make the payment.
6.7 We reserve the right to decline your order if we are unable to obtain authorisation for the payment.
7.1 Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent statements or for any other liability which cannot be limited or excluded under applicable law (including for breach of your legal rights as a consumer to receive products which are as described and match information we provided to you and any sample seen or examined by you; are of satisfactory quality; are fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987).
7.2 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
7.3 We only supply the products for domestic and private use. Therefore, we shall have no liability to you for any business losses including loss of revenue, loss of profit, loss of business, loss of anticipated savings, loss of goodwill or reputation, business interruption or loss of business opportunity and all express and implied warranties and conditions relating to the products are hereby excluded where the products are used for business purposes.
7.4 Subject to clauses 8.1, 8.2 and 8.3, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, whether arising under or in connection with this contract, shall not exceed the total amount of the order to which the claim relates.
7.5 This clause 8 applies forever, even after we complete your order.
8 HOW WE USE YOUR PERSONAL INFORMATION
9 OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.3 Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
9.4 If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
9.6 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the complaint for online resolution to the European Commission Online Dispute Resolution platform.