Date of last revision: 1/24/2018
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING AN ITEM FROM THE WEB SITES, MOBILE APPLICATIONS OR ONLINE SERVICES (COLLECTIVELY, “SITES”) OF MOUNTAIN HARDWEAR INC. (“MOUNTAIN HARDWEAR”), A SUBSIDIARY OF COLUMBIA SPORTSWEAR COMPANY AND AN AFFILIATE OF COLUMBIA BRANDS USA, LLC, YOU AGREE TO BE BOUND BY THE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.
IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT MAKE YOUR PURCHASE.
If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity's behalf.
If you have any question regarding the use of the Sites, please refer first to the Help Center on the Sites or the Frequently Asked Questions. All other questions or comments should be directed to Mountain Hardwear via the contact us form or by calling us at (800) 622-6953.
All sales from the Sites are sold by Columbia Brands USA, LLC, an affiliate of Mountain Hardwear Inc. (collectively referred to herein as “Mountain Hardwear”). These Terms of Sale apply to your purchases of any products from Mountain Hardwear, except to the extent that you have entered into a separate written agreement with Mountain Hardwear that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Mountain Hardwear’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the Terms of Sale in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Mountain Hardwear, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.
When you purchase from Mountain Hardwear, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
Mountain Hardwear currently accepts VISA, MasterCard, American Express, Discover credit cards and PayPal.
c. SHIPPING TERMS AND POLICIES
We endeavor to process all orders for in stock items within 1 business day. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Standard shipping is typically via UPS ground and you should allow 3-7 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from Mountain Hardwear to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
You may return an unworn, unused item in its original packaging, in its original condition, with all original tags still attached, within 60 days of the date of purchase. A refund of the merchandise and taxes will be issued to the original method of payment. Shipping and handling for the delivery and return shipping charges will not be refunded. Refunds will be issued in the same method of payment as the original payment. A copy of your original receipt may be required. For more information on returns, click here
e. PRODUCT AVAILABILITY AND PRICING
Mountain Hardwear and its suppliers continually upgrade and revise their products and service offerings to provide you with new products and services. Mountain Hardwear may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
f. PRODUCT DESCRIPTIONS; PRICING; ERRORS
Mountain Hardwear attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Mountain Hardwear is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
Mountain Hardwear sells products only to adults. If you are under 18, you may use our Sites and make a purchase only with involvement of a parent or guardian. Mountain Hardwear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Certain products come with a limited warranty. For information about which products come with a limited warranty and how to make a warranty claim, click here. EXCEPT AS EXPRESSLY SET FORTH IN THESE WRITTEN WARRANTIES, MOUNTAIN HARDWEAR MAKES NO OTHER WARRANTIES FOR ITS PRODUCTS AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
i. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOUNTAIN HARDWEAR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE SITES. TO THE FULL EXTENT PERMITTED BY LAW, MOUNTAIN HARDWEAR’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF MOUNTAIN HARDWEAR’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
ANY DISPUTE OR CLAIM BETWEEN YOU AND MOUNTAIN HARDWEAR, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PURCHASE OF PRODUCT FROM MOUNTAIN HARDWEAR, ANY PRODUCTS SOLD BY MOUNTAIN HARDWEAR OR THROUGH THE SITES, OR THESE TERMS OF SALE (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable or otherwise invalid.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF SALE AS A COURT WOULD.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Mountain Hardwear at Columbia Sportwear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Mountain Hardwear will reimburse those fees for claims totaling less than $10,000. Likewise, Mountain Hardwear will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, WE BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MOUNTAIN HARDWEAR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
k. APPLICABLE LAW AND VENUE
These Terms of Sale and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms of Sale shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.
If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.