Terms & Conditions
TERMS AND CONDITIONS OF SALE ("SALES TERMS")
December 11, 2018
These Sales Terms are applicable to the Arc'teryx Online Shop (“Online Shop”) at the www.Arcteryx.com.au and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Amer Sports Australia PTY LTD,. (herein, "Arc'teryx", "we" or "us" as the context may require). The Online Shop is owned by and operated by Amer Sports Australia PTY LTD. Amer Sports Australia PTY LTD is the seller of the products.
Amer Sports Australia PTY LTD
ABN number: 65 063 414 568
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
ABOUT THESE SALES TERMS
These Sales Terms only apply to purchases made in this Online Shop. Other Arc'teryx web sites on the internet may have different terms and conditions. From time to time Arc'teryx may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Arc'teryx.
Information contained in Arc'teryx's advertising, brochures or other written materials, on Arc'teryx web sites or given to you, is for information only and not an offer by Arc'teryx to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
Additional terms and conditions are required to be accepted for Employee or other purchase programs.
PLACING AN ORDER
To be able to buy Products you have to:
- Provide your name and address, phone number, email address, payment details and other required information.
- Be at least 16 years of age.
- Provide a delivery address in Australia (note that Arc'teryx is able to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses provided that a physical address is included).
- Be the owner or authorized holder of a valid payment method.. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
When you create an Arc'teryx account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Arc'teryx. We may choose not to accept abnormal orders and orders which Arc'teryx suspects are not placed in good faith.
After having received your order, Arc'teryx will send you an order confirmation via email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between Arc'teryx and you will not take place unless and until you have received your Arc'teryx order confirmation email.
You have the option to cancel your order at any stage by contacting Arc'teryx customer service by calling 1800 651 872 before we have sent Your Arc'teryx Order confirmation email.
PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Arc'teryx may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Arc'teryx charges sales tax where required by law. The appropriate charges are included in the total price displayed on your Arc'teryx Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for shipping will be itemized in your shopping cart and on Your Arc'teryx order confirmation email.
PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Arc'teryx does not guarantee the availability of any Product in the Online Shop. Arc'teryx reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Arc'teryx.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
Arc'teryx shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Arc'teryx (or non-Arc'teryx) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment shall be made by a credit or debit card approved by Arc'teryx or PayPal. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
TITLE TO PRODUCTS
Arc'teryx retains full legal title to Products until it has received all amounts due on the ordered Products.
RETURN AND REFUND
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased return the product within sixty (60) calendar days after the original purchase date and correctly follow the instructions on the Returns & Refunds section of the Customer Support Centre.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service 1800 651 872 by phone for assistance.
HOW TO RETURN ITEMS?
- You must return the items in their original package.
- You must include all accessories, user manuals and any free gifts that came in the same package.
- Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
- Please treat the items with care and return them in the condition that they were delivered to you.
- Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
- Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card 5-7 business days after the date of receipt of the delivery.
Please note that Arc'teryx will only process returns and refunds for items bought in this Online Shop.
Arc'teryx provides this warranty to buyers who purchased the Arc'teryx product (Product). Arc'teryx Products are guaranteed against all manufacturing or material defects (Defect) for the Warranty Period as defined in the following link: Customer Support Centre
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Arc'teryx customer service will assist you with any questions. You can contact us by phone 1800 651 872 Monday through Friday 9am to 5pm EST.
These Sales Terms shall be governed and construed in accordance with laws of the Australia.
OUTER PEACE TEE GIVEAWAY - Terms & Conditions
February 28, 2022
- Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
- To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
- Subject to the clauses below, entry is open to all residents of Australia and New Zealand who have fulfilled the requirements set out below ('Eligible Entrants'). Entrants must be over the age of 18, as of the date of entry.
- Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.
- The Promoter is Amer Sports Australia Pty Ltd (ABN 65 063 414 568) (the 'Promoter'). The Promoter's address is 9 Chifley Drive, Moorabbin Airport, VIC 3194, Australia.
How to enter
- To enter Eligible Entrants must, during the Promotional Period (defined below) register by
- following the Instagram pages @arcteryxausnz
- tagging Instagram “friends” in the comment section. Multiple tags = multiple entries.
- 5 bonus entries if you share if participants share the contest post in their stories.
- By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
Number of Entries permitted
- Only one entry per person will be permitted. Entrants found to be submitting multiple entries may have all entries invalidated.
Open, Close, Draw and Publish dates
- The competition commences on 28/02/2022 at 10:00AM and closes 05/03/2022 at 05:00PM PM ('Promotional Period'). All times noted in these Terms and Conditions are local times, based on the location of the Promoter. If any draw date falls on a public holiday, as defined in the state of the Promoter, that draw will be conducted on the next business day. Entries must be received by the Promoter prior to the competition close date and time.
- The winner will be drawn at Promoter's Premises at 9 Chifley Drive, Moorabbin Airport, VIC 3194, Australia on 14/03/2022 at 11:00 AM. The Promoter will ensure that all entries have an equal chance of winning a prize.
- The draw of the prize winner will be scrutinised by an independent person.
- The winner will be notified by email within two business days of the draw.
- Prizes will be sent to winner in March pending any state restrictions.
- The Promoter may conduct such further draws on 17/03/2022 (at 11:00 at Promoter's Premises at 9 Chifley Drive, Moorabbin Airport, VIC 3194, Australia) as the original draw in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by email within two business days of the draw.
Prize on offer
- The total prize pool is valued at up to $60.00 (Including GST), as at 28/02/2022.
- The total number of competition winners in this competition is one. The prize on offer is:
- 5 x limited edition Outer Peace tees, made in collaboration with TCYK Design as a fundraiser for mental health foundation Orygen.
- Where the prize involves driving, travel or an event, winners and any companions under the age of 18 must be accompanied by their legal parent or guardian over the age of 18 at all times.
- By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.
- In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
Further Terms and Conditions
- Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
- Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
- If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
- The Promoter reserves the right to request winners to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
- The Promoter's decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
Privacy Collection statement
You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, Amer Sports Australia Pty Ltd (ABN 65 063 414 568) of 9 Chifley Drive, Moorabbin Airport, VIC 3194, Australia.
Copyright, Statutory guarantees, Waiver and liability
- All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
- In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
- Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
- The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use "scripting" is not permitted and will not be accepted.
- Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.
CAN’T FIND WHAT YOU ARE LOOKING FOR?
If you are unable to find the information you are looking for in the customer support centre please contact one of our Customer Service Representatives and we will help answer your questions.
Customer Service Hours.
Melbourne: 9am – 5pm Mon- Fri AEST
Tel: 1800 271 107
Contact Us Form
Currently our response time is 1-3 working days
Currently our response time is 5-7 working days