Website and Retail Terms & Conditions

/Website and Retail Terms & Conditions
Website and Retail Terms & Conditions 2018-05-22T22:15:28+00:00

By using the Website you agree to be bound by these Terms and Conditions and any Orders placed on our online store by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.

The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently; the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) belongs to Altitude. This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it.

You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.

1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then Altitude NI shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a Product, the Product will be of equal or greater value than that which it replaces. We will reimburse you for the cost of returning a substitute Product that you do not wish to accept.

3. Pricing Policy
3.1 All Product prices are in pounds (£) sterling and are inclusive of UK value added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.
3.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.

4. Order process
4.1 Altitude NI takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy & cookie policy.
4.2 The technical steps to place your Order and create a contract of sale between you and us are, as follows:
a) You place an Order on the Website by pressing the ‘Buy Now’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. Products you have ordered.
c) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
4.3 The contract between you and Altitude NI will be concluded in English and subject to the laws of Northern Ireland and the jurisdiction of the Northern Irish courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
4.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.
4.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
1 a) A product you ordered is out of stock;
2 b) We are unable to obtain authorisation for your payment;
3 c) We have identified an error with a Product Description;
4 d) There is a system or procurement failure;
5 e) You fail our customer validation checks; or
6 f) there are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.

5. Payment and payment methods on the Website
5.1 We only accept payment for Orders in pounds (£) sterling.
5.2 We accept payment for Orders via Paypal either using Paypal account or as a guest using credit or debit cards accepted by Paypal
5.3 If you choose to pay for your Order using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.
5.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

6. VAT and Non-EU Customs
6.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
6.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.

7. Promotional discounts, e-vouchers
7.1 From time to time we may offer additional discounts for purchases made via the Website.
7.2 Any coupon, discount, offer or promotional discount offered on the Website is valid only for use as part of a purchase made via the Website, unless otherwise stated and subject to availability.

8. Delivery
8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
8.2 All parcels will be delivered by Royal Mail and or other courier service and and may require a signature on delivery.
8.3 Please note that delivery of your Order may take longer during sale or other busy periods.
International Delivery
At present Altitude NI only offer delivery within the United Kingdom. However, please contact us as we may be able to make special arrangements for International Delivery depending on location

9. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
9.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order.

Cancellation before dispatch
9.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched, then you need to let us know. In order to do so, you can either let us know by emailing or telephoning Altitude NI. Once we have received notification by you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge of your Order within fourteen (14) days. For more information, please see our Refunds Policy below.

Cancellation after dispatch 
9.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your contract and your Order has already been dispatched, then you need to let us know within fourteen (14) days after the day on which you receive your Order. You can notify us by using any one of the options identified above. Once we have received notification by you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to “How to return an Item” in our Returns Policy below.
9.4 If you are a Non-EU customer, then these legal rights do not apply to you. In the event that you do not wish to keep your Order, you need to send this back to us within fourteen (14) days after the day on which you receive your Order. For more information on how to do this, please see our Returns Policy.

10. Returns Policy
10.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and in tact. We reserve the right to consider the condition of any Product that you wish to return and make the any deductions if there are indications that the Product, its tags, security devices or seals having been used, removed, broken or tampered with.
10.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides some non-exhaustive examples of Products you cannot cancel or return:
1 a) Products which have been made to measure, altered, or personalised to your specification.

How to return an item

10.5 If you placed your Order via the Website, please contact us either via phone (07507567135) or email (info@altitudeni.co.uk) to inform us you would like to return an item and we will provide you with a returns address and returns form to complete and enclose with your return order
10.6 It is you, the buyers responsibility to pay for and arrange return postage. Please ensure that you use a local and trusted postal service or carrier in order to return your Order to us. We recommend that you use a tracked and insured service as Altitude NI will not be liable for any risk, loss or damage to your Order.

11. Refunds policy
11.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. The refund of your Order’s original purchase price will be refunded automatically via Paypal.
11.2 Refunds will be issued back to the credit or debit card which you used to place your Order. This will appear in your account within five (5) days depending on your card issuer. If you originally paid for your Order using your PayPal account and returned it to us via post, then your refund will be made back to your PayPal account.

Promotional discounts and refunds
11.6 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.
12. Altitude NI Account, Personal Information and security
12.1 When you register for an Altitude Account, you warrant that:
1 a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
2 b) You will notify us immediately of any changes to the Personal Information by contacting us either via phone or email.
12.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
12.3 You are fully responsible for maintaining the confidentiality of your Altitude NI Account and Personal Information, and all activities that occur in relation to your Altitude NI Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Altitude NI Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Altitude NI Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
12.4 Your Personal Information shall be used and protected in accordance with our Privacy and Cookies Policy.

13. Material and Activity Prohibited
13.1 Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
13.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website or your Altitude NI Account at any time, for any or no reason, with or without prior notice, and without liability.

14. Linking to the Website
14.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
14.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.

15. Compliance with Laws
15.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

16. Liability and Indemnity
16.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
16.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
16.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
16.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if Altitude NI has been advised of the possibility of such damages.
16.5 The Website may also contain links to other websites, which are not operated by Altitude NI. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.
16.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Altitude NI Account and/or your Personal Information.
16.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
16.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

17. Comments and Complaints Procedure
17.1 Please contact us if you have any comments or complaints by phone or email. We will always endeavour to resolve any dispute as swiftly as possible.

18. General
18.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
18.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
18.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
18.4 Altitude NI reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.

19. Entire Agreement
19.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Altitude NI. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Altitude NI. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
20. Our details
24.1 Altitude NI registered office is 18 Ravara Road, Ballygowan, Co.Down, Northern Ireland. Its contact details are: telephone +44 07507567135, email info@altitudeni.co.uk or contact us here.

21. Definitions
21.1 The following definitions shall apply to these Terms & Conditions:
“e-vouchers” means an e-voucher issued and emailed to you by Altitude NI only;
“gift cards” means a gift card issued by Altitude NI only;
“Order” means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
“Personal Information” means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
“Product” means a product displayed for sale on the Website.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product.
“Altitude NI Account” means your personal customer account set up by you on the Website.
“Terms and Conditions” means these terms and conditions.
“We”, “us” or “Altitude NI” means Altitude NI Ski Clothing Hire and Sales Please note, that when arranging delivery of your Order, Altitude NI may instruct a third party courier or postal carrier to deliver it to you. However, Altitude NI will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to “we”, “us”, or “Altitude NI”, will be taken to include such third parties.
“Website” means the website located at www.altitudeni.co.uk or any subsequent URL which may replace it.
“UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
“Users” means the users of the Website collectively.
“You” means a user of this Website.