PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THIS WEBSITE AND SETS OUT OUR TERMS AND CONDITIONS OF SALE FOR PRODUCTS PURCHASED FROM IT. IT APPLIES WHETHER OR NOT YOU HAVE READ IT. IT CONTAINS PROVISIONS THAT AFFECT YOUR AND OUR LEGAL RIGHTS, LIABILITIES AND OBLIGATIONS, IT EXEMPTS EDMUND HILLARY AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ BEFORE USING THE WEBSITE AND BEFORE ENTERING INTO ANY TRANSACTION WITH US.
This Agreement contains the following provisions
YOUR ACCEPTANCE OF THIS AGREEMENT, INDEMNITY AND WAIVER
PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Edmund Hillary reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items).
CHANGES TO THIS AGREEMENT
Edmund Hillary may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website and all products, branding, trademarks used within it (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Edmund Hillary, and is protected by British and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Edmund Hillary. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
ERRORS, terms and conditions of sale including PRODUCT AVAILABILITY, PRICES, PAYMENT, ORDERS, DELIVERY & RETURNS
Product Availability, Authenticity and Errors – All merchandise offered for sale on this Website is genuine original Edmund Hillary merchandise. Edmund Hillary endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Edmund Hillary cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. On occasion there may be promotional offers on goods available for sale. We reserve the right to extend, change or withdraw any promotion at any time without further notice. Edmund Hillary does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. Edmund Hillary reserves the right to:
(a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
(b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;
(c) reject, correct, cancel or terminate any order, including accepted orders for any reason and
(d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell.
You agree through use of this Website to indemnify, defend and hold harmless Edmund Hillary, its employees, directors, agents, partners, licensees and any affiliated party, person or entity from any liability through your own breach of these terms and conditions or illegal action in relation to the use of this Website. If we do not to take legal action whether it be criminal or civil against any party for breach of these terms and conditions, this does not affect our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
Prices – Edmund Hillary tries to ensure that all details, descriptions and prices that appear on the Website are accurate, however, there may be cases where errors occur. If we discover an error in the price or description of any product that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order with the amendment or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, your order will be refunded in full.
The prices advertised on the Website will be in the currency you select and include all sales taxes and duties for the following countries: United Kingdom, New Zealand, Australia, USA, Canada, Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden. Other than the countries above, for orders outside the European Union you may be charged handling fees and taxes as your order passes through customs. Any charges on a parcel must be paid by the person receiving the parcel, and we have no control over these charges.
Payment –Payment can be made securely online through SagePay. This is a fully secure encryption service run by Sagepay. We accept Visa, Visa Debit , Visa Electron., Mastercard, Mastercard Debit and Meastro. To maintain customer security we require payments to be Verified by Visa or Mastercard Securecode protected. In exceptional circumstances we may accept credit card payments over the telephone but will require additional verification of identity before we can do this. Please call +44 203 9675 498 or email firstname.lastname@example.org. All prices will be billed in the currency you have selected (GB pounds or NZ dollars) and are inclusive of sales tax (VAT, GST, or equivalent) for the countries identified in clause 5.2. Other than the countries listed in clause 5.2, for orders outside the European Union you may be charged handling fees and taxes as your order passes through customs. Any charges on a parcel must be paid by the person receiving the parcel, and we have no control over these charges.
By making a purchase you authorise us to perform credit checks, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Since credit and card checks normally occur after the transaction processes we reserve the right to refuse, void, credit or refund a transaction or transactions without supplying a reason even although it has processed on the Website. We do not accept any loss or expense that may have been incurred by the customer if we take such action but any monies received by Edmund Hillary from the customer will be refunded in full.
Orders and order cancellation - The offer of goods on this Website or the acknowledgement of having received your request for an order does not amount to a contractual offer on our part. Acceptance of your order and the implied contractual offer will be confirmed by us via email once we dispatch your order in part or full. The acceptance of your order will only pertain to the goods named within the email confirming dispatch of your goods. We reserve the right not to accept your order, entirely or partially, for any commercial reason whatsoever.
Re-selling - the products for sale on this Website are for purchases by end users of our products and not for sale to dealers, resellers or distributors or for commercial purposes. For the purposes of this Agreement, reselling is defined as purchasing or intending to purchase any product(s) from this Website for the purpose of engaging in a commercial sale of that same product(s) to a third party or for subsequent sale and shipment.
Cancellation - Depending on where you live, under the European Distance Selling Regulations, you may have up to 14 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or have been personalized for you). Any delivery charges will be refunded. However, if only part of your order is cancelled, the delivery charge will not be refunded. To cancel an order, you need to do so in writing. Please email our customer care department stating the order number and giving your clear instruction to cancel the order. If you have contacted us to cancel your order before you have received your goods, unless cancellation takes place within 30 minutes of your order placement, your cancelled order may already be picked and will be delivered to you. Please refuse any delivery of cancelled goods or arrange for them to be couriered back to us by contacting our customer care team. Please consider our refund policy below before cancelling any order.
Delivery - delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Shipping & Returns page for further information on delivery costs and shipping times. The delivery costs applicable to your order will be clearly visible on the Website before you place your order (and are included in the "Total Cost" amount shown on at checkout).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items to destinations outside those countries identified in clause 5.2 you may be charged handling fees and taxes as your order passes through customs. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information before placing your order. As an online retailer we are not legally able to participate in the United Kingdom VAT refund scheme for orders delivered outside the European Union.
Please note that in the event you return an item, if applicable you will be responsible for reclaiming duty directly from your local customs office.
Delivery times - The anticipated delivery date of your purchase will be stated in your order confirmation. We will try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed due to events beyond our control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimated and cannot be guaranteed. If no one is available at your address to take delivery, you may need to rearrange delivery with your local carrier. Edmund Hillary is not responsible for or for any losses caused by later delivery due to no one being available to take delivery at your delivery address, or for any resultant returns (or related or additional costs) due to failure on your part to accept delivery or arrange re-delivery.
Please also read the information on our Shipping page as this contains important information about your order and its delivery.
Property and risk - Risk of damage to or loss of your chosen products shall pass to you on delivery of them. Notwithstanding delivery and the passing of risk in your chosen products or any other provision of this Agreement, property in your chosen products shall not pass to you until we receive cleared funds payment in full of the price of your chosen products.
Returns and refund policy - you must take reasonable care of any goods you wish to return including any goods which you contend to be faulty. Edmund Hillary will approve the return of non-faulty goods only if the goods sent back to Edmund Hillary are in perfect condition, new, unused, unworn and unwashed and with all tags and labels still attached in their original placing. Edmund Hillary reserves complete discretion as to the return and acceptance of any goods contended to be faulty. In any case where non-faulty goods are returned in perfect and labelled, unworn and unwashed condition, or where faulty goods are accepted by Edmund Hillary as such upon inspection, Edmund Hillary will reimburse the price originally paid. Any refund will be made by crediting the refund to the card/payment method you originally used to pay for the goods, within approximately fourteen (14) days from the date of receipt of the returned goods unless possible delays of a technical nature occur that are not attributable to Edmund Hillary. If the goods appear to be damaged, worn, washed, or used, any of the labelling or tags are missing, do not comply with the terms and conditions of this agreement or Edmund Hillary has any reason to believe that the goods have been altered or are imitation goods or were not purchased directly through this Website, Edmund Hillary will not accept the return and will return the goods back to you (or in the case of goods reasonably believed to be altered or imitation goods, destroy them without any compensation or liability to you).
NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Edmund Hillary are strictly prohibited. To request permission to link to the Website, please send an email to email@example.com. Edmund Hillary may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued or registered a login name and password (collectively "User Details") by/with Edmund Hillary. For the purposes of accessing the Website, the User Details remain the property of Edmund Hillary and may be cancelled or suspended at any time by Edmund Hillary in its discretion without any notice or liability to you or any other person. Edmund Hillary is not under any obligation to verify the actual identity or authority of any person using User Details to access and use the Website. Edmund Hillary may act upon any communication that is given with the use of User Details. Edmund Hillary may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Edmund Hillary is not satisfied with such proof. If you have registered or been issued User Details: (a) you are fully responsible and liable for the security of the User Details and any and all use and misuse of the User Details; (b) you will keep the User Details secure and confidential at all times and not disclose the User Details to any other person or permit any other person to use the User Details; (c) you will ensure that all uses of the User Details comply with this Agreement; (d) once you have logged-on to the Website using the User Details, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Edmund Hillary by telephone or email firstname.lastname@example.org if you know or suspect that any User Details have been lost or stolen or become known to or used by any other person.
material and information submitted and UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, Edmund Hillary does not accept or consider unsolicited ideas or suggestions. In respect of any information, material or unsolicited ideas or suggestions provided by you to us whether through the Website or by any other means of communication ("Submissions"), you automatically grant (or warrant that the owner of the Submissions grants) to Edmund Hillary and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Edmund Hillary or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Edmund Hillary and its successors, assigns and licensees.
Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information in which you use the #edmundhillarycollection , #edmundhillary hashtag in a post on facebook, Twitter, Instagram or other social media platform tagging @EdmundHillary (collectively included within the definition of "Submissions" above) will be treated as non-proprietary and non-confidential. By transmitting or posting any such 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, facebook, Twitter or other social media user name, 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, any social media platform, 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, facebook, Twitter or other social media platform profile, 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 Edmund Hillary is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
All information and material you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Edmund Hillary will rely on the information you provide. In providing that information or material you represent and warrant that it is genuine, you are entitled to use and supply it, and have not breached any third party rights in doing so. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Edmund Hillary or any other person may incur as a result of your submission of any false, incorrect or incomplete information, or of your use of material or information which you were not authorised to use or which affects the rights or interests of third parties, or from your failure to update your registration information and payment information within 30 days of any change.
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY EDMUND HILLARY TO THE FULLEST EXTENT PERMITTED BY LAW.
EDMUND HILLARY AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY EDMUND HILLARY OR ANY PERSON FOR WHOM EDMUND HILLARY IS RESPONSIBLE, AND EVEN IF EDMUND HILLARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
PERSONAL INFORMATION PRIVACY
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Edmund Hillary, and Edmund Hillary has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Edmund Hillary does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Edmund Hillary arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Edmund Hillary, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
VARIATION AND TERMINATION
Notwithstanding any other provision of this Agreement, Edmund Hillary may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Edmund Hillary may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other existing agreements between you and Edmund Hillary will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of England and Wales. Any dispute between you and Edmund Hillary or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of England and Wales, and you hereby irrevocably submit to the original and exclusive jurisdiction of this court in respect of all Disputes.