Terms of Sale
Date of last revision: February 2022
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE SEA TO SUMMIT WEBSITE. THESE TERMS OF SALE APPLY TO YOUR ORDERS PLACED VIA OUR WEBSITE OR THROUGH OUR CUSTOMER SERVICE TEAM. PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PLEASE DO NOT ORDER FROM OUR WEBSITE OR THROUGH OUR CUSTOMER SERVICE TEAM.
Importantly, these Terms sets out:
- When you place an Order online, your Order constitutes an offer to purchase only. Your offer to purchase is not accepted until we send you confirmation of your Order and we send you an email to confirm that your Order has been dispatched.
- When an Order may be rejected or cancelled by us (including if there was an error with any description on our Website, or an error in pricing or where the Product is not in stock).
- Delivery times are an estimate only.
- In the event the Product(s) that you ordered are lost or damaged in transit, we will provide you with a replacement Product or issue a refund subject to your prompt notification to our customer service team, specifying in reasonable detail the issue(s) and the timely provision of additional information as necessary (for example, photographs of damaged goods).
- You can return certain Products. For reasons such as hygiene and safety, we cannot accept returns of all Products. Please check to ensure you are satisfied with our Shipping and Delivery Policy and our Returns Policy before placing an Order.
- Any Order made through the Website or through our customer service team is subject to these Terms of Sale.
- Any Order placed through the Website or through our customer service team for a Product is an offer by you to purchase the particular Product at the price indicated (plus the shipping/delivery costs, any other handling charges and applicable taxes) at the time you place the Order and in accordance with these Terms of Sale. No Order shall be deemed to be accepted by us until you receive both of the emails set forth in clause 3.(b) of these Terms of Sale.
- It is your responsibility to ensure that the correct email address and contact details are provided when you place your Order. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS YOU OR ANY THIRD PARTY SUFFERS AS A RESULT OF, OR IN CONNECTION WITH, A DELAY OR FAILURE TO PROCESS YOUR ORDER OR DELIVER GOODS DUE TO INACCURATE OR INCOMPLETE DETAILS PROVIDED IN AN ORDER.
- To guard against fraud, we reserve the right to verify our customers’ shipping and billing addresses. As part of this verification process, we may contact you or your credit company or issuing bank. If, in our sole judgment, it appears that the Order was placed fraudulently, then we may cancel such Order in whole or in part; contact you to advise of the Order’s cancellation; and/or inform local law enforcement if warranted.
- In certain circumstances described in these Terms of Sale, your offer to purchase the Products may be rejected or your Order may be
- You acknowledge that all Products purchased under these Terms are for personal use only and not for commercial use or for resale purposes. If we suspect that you are purchasing a Product for purposes other than for personal use, we may reject or cancel your Order.
- From time to time, we may restrict the quantity of Products which can be purchased. Any quantity restrictions will be set out on our Website, the relevant product page, the relevant promotional materials or as otherwise advised to you.
- Product images that are displayed on our Website are for illustrative purposes only. Due to the many variations in monitors and browsers, colors and shades may appear different on different monitors. Computer monitors are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers, we do not guarantee that what you see accurately portrays the color of the actual Product.
- AVAILABILITY OF PRODUCTS
- From time to time, your Order may be cancelled by us if the requested Product is not available or if there is an error in the price or description of the Product posted on our Website. If this happens, we will refund to you the amount paid for the Product(s) affected by the cancellation.
- We may also withdraw or suspend any Product from sale either temporarily or permanently at any time without notice. If a Product is withdrawn or suspended after you place your Order but before the Order is shipped, we may cancel your Order in whole or in part. The amount paid for any such withdrawn or suspended Product(s) will be refunded to you using your original payment method.
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS THAT YOUR OR ANY THIRD PARTY SUFFERS AS A RESULT OF THE REJECTION OR CANCELLATION OF YOUR ORDER OR THE WITHDRAWAL OR SUSPENSION OF ANY PRODUCT.
- ACCEPTANCE OR REJECTION/CANCELLATION OF YOUR ORDER
- Each Order that you place online is an offer to purchase. As such, we may reject or cancel your Order in certain circumstances, such as when the Product is not available or if there is an error in the price or description displayed on our Website.
- Each Order that you place is accepted when we:
- send you an email confirmation of the Order (although due to the nature of Internet transactions, we cannot guarantee receipt); and
- send you an email confirming that the Order has been packed and dispatched; containing a tracking number and link to where the Order can be tracked. Please note that it may take 24 hours or more for the carriers to update the tracking information on their respective websites.
If you only receive an email confirming your Order, we can still reject or cancel your Order in accordance with clause 3.(a).
- If we reject or cancel your Order, we will endeavor to notify you within a reasonable time. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR THE REJECTION OR CANCELLATION OF ANY ORDER THAT YOU HAVE PLACED. You will not be charged for an Order that has been rejected or cancelled by us.
- If you have made a payment for the Order which is subsequently rejected or cancelled by us (either in whole or in part) then: (i) for an Order rejected or cancelled in whole, we will refund to you the full payment amount, including the shipment/delivery charges, taxes and any other fees and charges, using your original payment method; or (ii) for an Order rejected or cancelled in part, we will refund to you the amount paid for the rejected/cancelled Product(s), using your original payment method.
- If we are unable to successfully process your payment using your chosen payment method (including, the applicable debit card, credit card, PayPal payment) for an Order that has been received by us, then we may cancel your Order.
- You have the right to cancel any purchase within three (1) hour of placing your Order. You cannot cancel your Order, in whole or in part, after the Order has been dispatched by us. If you wish to return a Product after the Order has been dispatched, please follow our Returns Policy.
- We reserve the right to reject an Order affected by a genuine human error or a system error on our Website (for example, if the Website displays an incorrect description, Product image or price). In the event of such genuine human error or system error, we may that part of the Order affected by the error or reject the Order in its entirety. For the Orders rejected in part, we will refund to you the purchase price for the Products affected by the error and we will fulfil the remainder of your Order. For the Orders rejected in their entirety, we will cancel your Order and refund your payments using the original payment method.
- If we cannot communicate with you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any payments using your original payment method.
- Unless expressly stated by us in writing, shipping/delivery charges will not be refunded if you return Products due to your change of mind or because you made an incorrect selection, including if you ordered an incorrect size, color, etc.
- We will process any refunds within a reasonable period of time of us agreeing to accept the return. Refunds will be processed using your original payment method.
- SHIPPING AND DELIVERY POLICY
- If you place an Order through our Website or through our customer service team, we will ship it to the United States address(es) only.
- If you place consecutive or separate orders, we cannot consolidate your Orders for shipment purposes. A separate shipping/delivery fee will apply to each Order.
- All orders ship within one (1) to three (3) business days subject to stock availability. If stock is not available after you have placed your Order, we will contact you to cancel the order and process your refund.
- Orders placed after 2:00 pm MST on a Friday will be processed on the following business day.
- For other shipping options please and delivery times please visit this page.
- We are not responsible to you or any third party for any delay in delivery or late delivery. If we become aware of a potential delay, we will notify you as soon as reasonably practicable.
- We are not responsible to you for the theft or loss of Product from the time that it was delivered to your shipping address.
- PRICES AND FEES
- When you place an Order with us, you agree to pay the purchase price of each Product that is ordered, the applicable shipping/delivery charges, taxes and any other fees and charges that are disclosed to you at the time of your placement of the Order.
- All Product prices and delivery/shipping charges and any other charges and fees on our Website are reflected in United States dollars (US$). We reserve the right to alter prices and delivery/shipping charges for any reason at any time before you place your Order.
- If you pay for your Order by any of the following payment methods specified below, then fees and charges specific to your chosen payment method may apply to your Order:
- American Express;
- Diners Club;
- Debit cards displaying the Visa or Mastercard logos;
- Shop Pay;
- Shop Installments;
- Apply Pay;
- Google Pay.
- You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
- DAMAGED PRODUCTS; PRODUCT RECALLS
- Upon delivery of your Order, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment or please immediately contact our customer service team.
- If a Product is subject to a product recall, we will post a notice on the Product Safety – Recall section of our Website and otherwise provide notice to you as required by law. You can return recalled products as instructed in the Product Recall notice.
- RETURNS POLICY
We recognize that the option to return Products if you change your mind is important to our customers. We gladly accept returns of unused, unworn, unwashed, and undamaged Products purchased through the Website or through our customer service team, which are received by us within 60 days of the order date of the Product to you, provided the Products are in their original condition and packaging, with labels and tags intact (subject to exclusions set forth below). If you are not entirely satisfied with your Order, you may return the Product that you purchased for a refund of the purchase price of the Product provided that:
- You submit a return request via our Returns Portal;
- The Product is returned to us using a trackable method (we will supply you a return label for a flat rate of $5), and received by us within 60 days from the order date
- The Product must be sent back to us in its original condition and packaging, with labels and tags still intact;
- You provide us with the original proof of purchase;
- The Product is not a clearance or sale item; and
- The Product is not an excluded item.
We regretfully cannot accept a return or provide a refund if any of the above conditions is not met.
If the Product is eligible for a refund subject to the conditions set forth above, then you will receive a refund of the purchase price and any applicable tax for the Product being returned. We will not refund the shipping/delivery costs that you paid when placing your Order nor will we reimburse you for the shipping/delivery costs you incurred in returning the Product back to us.
Refunds will be made to the original method of payment. Please allow up to fourteen (14) days for your return to be processed and for the refund to be initiated.
How to submit a return for a refund
To enable us to process your refund, please follow the prompts on our Returns Portal available at: https://returns.seatosummit.com/. If you are unable to access the Returns Portal, please contact us by completing our inquiry form here.
The following Products cannot be returned or refunded:
- Face Masks;
- Clearance Items.
This exclusion will not apply to any Product that is subject to repair, replacement, or refund pursuant to our Warranty Policy if the Product fails or does perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in our Warranty Policy, or if you wish to cancel your Order containing one or more excluded items within three (3) days after the Order was placed provided that we have not dispatched your Order. See section 3(f) for more information. To ensure a positive shopping experience for all customers and to prevent fraud, abuse and misuse of this policy, we may refuse to accept items returned for change of mind reasons if we identify an unreasonable or excessive return pattern and may also restrict or refuse future transactions from such individuals.
We do not accept Product exchanges. If you purchased your Product through our Website or through our customer service team and wish to exchange it for a different Product, please first follow the Product return process outlined above and then place an order for a replacement Product.
If you were sent an incorrect Product or a Product otherwise not in conformity with your Order, please contact our Customer Services Team by completing the online inquiry form available on our Help Center Portal and we will arrange for your item to be collected free of charge. In the event your claim is justified, the purchase price and the shipping/delivery costs will be refunded. We will then send you the Product you ordered.
- PROMOTIONAL OR DISCOUNT CODES
You may receive online offers and promotions from us from time to time. Some offers may include a promotional or discount code (“Code”) for use when placing an Order. It is your responsibility to enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain Orders or Products ordered through our Website. Any Code is non-transferable, cannot be posted on a forum or another website and may not be used in conjunction with other offers.
- TITLE TRANSFER AND RISK OF LOSS
- The title and risk of loss in the Products you order from us passes to you on the date and at the time of delivery of the Products to you by the carrier.
- Title to the Product(s) will not transfer until full payment has been received.
- YOUR PRIVACY; ELECTRONIC COMMUNICATIONS
- Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions and those communications may relate to brands that we distribute. You agree to continue receiving communications from us until the time that you opt out.
- If you opt out of our communications, there are still some messages that we can send you as required by law or our ongoing legal obligations to you. These may include, for example, messages relating to product recalls, product safety information, updated product information or forgotten passwords. Opting out of receiving communications will not opt you out of receiving these types of messages.
- EVENTS OUTSIDE OF OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, and the consequences of such acts or events (for example, a slowdown in the supply chain due to such events).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the Order if an Event Outside Our Control takes place and you no longer wish us to provide the products by contacting us at:
Sea to Summit North America, LLC
1901 Central Avenue
Boulder, Colorado USA 80301
Attention: Digital Department
Phone: 303 440 8977
Website address: www.seatosummit.com
- OTHER IMPORTANT TERMS
SEA TO SUMMIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.