("TERMS AND CONDITIONS")

 

Ireland - Version 2023; valid as of 1.10.2023

 

These Terms and Conditions establish the conditions for sales between any individual purchasing Peak Performance products (“Products”) at www.peakperformance.com/ie (the “Online Store”) and Amer Sports Export GmbH, a German company with registration number HRB 201717, having its main office at Amer Sports Export GmbH, Parkring 15-17, 85748 Garching, München.

 

References to "Peak Performance", "we" or "us" in these Terms and Conditions refer to the above-mentioned company. 

 

1. About these Terms and Conditions

These Terms and Conditions only apply to purchases made in the Online Store. All orders placed in the Online Store and deliveries made in response to such orders are therefore subject to these terms of sale. Orders from our Online Store can also be placed at our physical stores with the help of our personnel. Such Order in Store -orders are also subject to these terms of sale.

 

We may change these Terms and Conditions from time to time. We will state their effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.

 

WHEN PLACING AN ORDER FOR PRODUCT(S), YOU ARE REQUESTED TO EXPRESSLY AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. NO ORDER OF PRODUCTS CAN BE PROCESSED WITHOUT THE ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

2. Placing an order 

Please note that orders can only be placed by persons for whom the order is not part of the operation of their business, i.e. only by consumers. We will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.

 

To be able to buy the Product(s) you have to:

• provide your name and address, phone number, email address, payment details and other required information;
• be at least 18 years of age;
• be legally competent; and
• have a delivery address in Ireland
   

In case you created a Peak Performance account with a personal user identification 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.

 

3. Order processing and contract conclusion

You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. All orders must be accepted by us and the offers in the Online Store are non-binding.

 

We may refuse orders, including but not limited to abusive or unusual orders, orders which we believe are not placed in good faith and orders not placed by individuals. We are not obliged to give a reason for refusing to accept an offer, but we may do so at our sole discretion.

 

If we accept your order, we will send you an Order and Shipping Confirmation by email. The conclusion of the contract will take place the moment you receive the Order and Shipping Confirmation email. 

 

The Order and Shipping Confirmation email is your proof of purchase, please store it as we will not archive your contract.

 

4. Prices, shipping, handling charges and tax 

The price charged for a Product will be the price in effect at the time the order is placed. We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

  
Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process.

 

Please note that we make no warranty that the Online Store will be error-free. Pricing errors may occur from time to time, in which case we reserve the right to not accept or cancel orders placed in the Online Store.

 

5. Delivery

We deliver Product(s) only in the Ireland and subject to the following restrictions:

 

·       P.O. Box addresses

·       Overseas army addresses

·       Prisons

 

Delivery options are as follows:

·       Home Delivery: estimated delivery time of 7 to 8 business days

 

If your order consists of several items, we reserve the right to split the delivery. You will not be charged for any additional delivery costs.

 

In case you unreasonably delay delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) 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. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 days and are returned to us undelivered, we shall be entitled to cancel the contract and we will refund you in accordance with these Terms and Conditions.

 

We shall not be liable for any delay or non-performance if this is the result of unforeseeable circumstances beyond our control and responsibility. These include, but are not limited to, acts of war or terrorism, strikes, national or local emergencies, epidemics, pandemics, disruption to transport networks, power and utility failures, earthquakes and other natural disasters. We will immediately inform you  of such circumstances. If such an impediment to performance lasts for more than four weeks after the original delivery date, you are entitled to withdraw from the contract at no cost. There are no further claims, in particular no claims for damages.

 

If the packaging appears to be damaged, please do not accept the shipment. Please note that you bear the risk for the products you have ordered when the delivery is completed. In the case of defective products or inconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. You also have the right to keep the defective product and ask for a reduction of the price. In any of the foregoing cases, please contact our customer service.

 

6. Product(s) availability 

We do not guarantee the availability of any Product(s) in the Online Store. We reserve the right to change, discontinue or discontinue the availability of any product without liability or notice. This does not apply to ordered products for which you have already received an Order and Shipping Confirmation email from us.

 

7. Compatibility, product information 

Please exercise care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown in the Online Store at the time of purchase will be seen as taking precedence. 

 

8. Payment

Payment can be made by:

·       Visa

·       Mastercard

·       Amex

·       Paypal

 

We reserve the right to carry out security checks on all payments. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.

 

9. Return and refund

Please note that we will only process returns and refunds for Product(s) ordered in the Online Store. This also includes Order in Store products.

 

Cancellation right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel or withdraw from the contract and return the Product(s) you may do so provided you complete the return procedure within 30 days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right time frame will start from the date on which you receive the last Product.

 

In order to exercise your cancellation right and return the products, please complete the return procedure on our online return platform. Alternatively, you can return the model cancellation form that is reattached as Annex 1 or contact our customer service.

 

You may only return Product(s) that have their tags intact and which you have taken reasonable care of and not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s) you bought.

 

Once we have received your online statement to cancel the contract, we will send you a confirmation email. You will then have to return the Product(s) without undue delay and in any event not later than 30 days from the date on which you notified your decision to withdraw from the contract. You will bear the direct costs for returning the Product(s) in the form of a handling fee stated below.

PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF ANY SEALED UNDERWEAR PRODUCT(S) WHICH WERE UNSEALED AFTER DELIVERY AND ARE NOT SUITABLE FOR RETURN FOR HYGIENE REASONS.

 

Return procedure:

You must return the Product(s) in the original packaging. You must include all accessories, user manuals and any free gifts that came in the same package. When a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. Returns from different orders shall not be combined. To ensure fast and secure return we encourage you to follow the given return instructions.

 

When exercising your cancellation right, a return handling fee of 7 EUR will be deducted from the price you paid for the Product(s), and the remaining amount will be returned to you within 14 days of us receiving the returned products at our warehouse. The return handling fee is calculated per returned shipment. If you return the whole order, you will also be refunded the standard shipping costs. Please note that if you choose a more expensive express shipping option, only standard shipping cost will be reimbursed. 

 

The refund will be confirmed by email. Payment will be carried out using the same means of payment as you used for the initial transaction.

If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s) or 3) with Product(s) missing or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.

Other return cases: 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 our customer service without delay.

 

10. Legal guarantee

You have a legal guarantee of conformity in accordance with statutory law. We shall ensure that our Products meet the core standards required by applicable law, and in particular, shall ensure that our Products will be of satisfactory quality and match the description provided to you by us. 

 

Please note that e.g. the following damages are not covered by the legal guarantee:

·       Damages resulting from normal wear and tear of the Product(s)

·       Damages resulting from your storage of the Product(s)

·       Damages resulting from non-compliant use of the Product(s) or poor maintenance

·       Damages resulting from the modification of the Product(s) or their repair by another entity than Peak Performance

·       Damages resulting from shock, caused by sharp objects, twisting, compression, dropping, abnormal impact and other actions beyond our control.

 

PLEASE NOTE THAT WHAT IS SAID HERE ABOUT OUR LEGAL GUARANTEE IS NOT INTENDED TO AFFECT, LIMIT OR OTHERWISE CHANGE YOUR STATUTORY LEGAL RIGHTS.

 

If you believe that you are entitled to repair services under your legal guarantee, please contact our customer service.

 

11. Personal data

The privacy policy available on our website and additional provisions in these Terms and Conditions govern the use of your personal data. Purchasing of Product(s) in the Online Store requires that you accept the privacy policy and the processing of personal data as described in said privacy policy.

 

We will use reasonable care to protect the security of information relating to your order and payment but (unless we have acted with gross negligence) cannot be held liable for any harm you may suffer if a third-party gains unauthorized access to your information.

 

PLEASE NOTE THAT WHAT IS SAID HERE ABOUT THE PERSONAL DATA IS NOT INTENDED TO AFFECT, LIMIT OR OTHERWISE CHANGE YOUR STATUTORY LEGAL RIGHTS.

 

12. Our liability

We shall perform our obligations under these Terms and Conditions with reasonable care and skill. 

 

We exclude any warranty, express or implied, or any promise of quality, except as expressly provided in these Terms and Conditions. In particular, we are not responsible for ensuring that the products are suitable for the intended purpose unless you have informed us of such purposes before the conclusion of the contract and we have accepted them.

 

We are responsible only for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control. You must follow any advice that we give you in relation to Products (including instructions, user guides and/or manuals provided with Products). We do not accept liability for damage to Products that we have supplied where caused by your failure to follow our advice.

 

We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We shall use our reasonable endeavors to verify the accuracy of information that is used on the Online Store but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images, and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s).  Pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us.  We will correct errors on our Online Store as soon as possible after becoming aware of them.

 

We shall not be liable, whether in contract, tort or otherwise, for any consequential loss, indirect loss, pecuniary loss (including lost profits), loss of data, loss of goodwill or reputation, or any other loss on any legal basis whatsoever. However, nothing in these Terms of Sale excludes or limits liability for gross negligence, willful intent, fraud or personal injury.

 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT. 

 

13. General

The Online Store 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 Online Store and any transactions conducted on or through the Online Store.

 

If any provision or provisions of these Terms and Conditions 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.

 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT. 

 

14. Customer service

Our Customer Service will assist you with any Online Store order related questions. You can contact our Customer Service either via email, chat or by phone.

 

15. Governing law

These Terms and Conditions shall be governed and construed in accordance with the laws of Ireland.

 

Annex I: 

Model withdrawal form (complete and return this form if you wish to withdraw from the contract)

 

To: Amer Sports Export GmbH, Parkring 15-17, 85748 Garching, München.

 

Email: consumerservice-ie-en@peakperformance.com

 

I hereby give notice that I withdraw from my contract of sale of the following Product(s):

• Ordered on __________ / received on_____________
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s):
• Date:
   

("TERMS AND CONDITIONS")

 

 

The United Kingdom - Version 2023; valid as of 1.10.2023

 

These Terms and Conditions establish the conditions for sales between any individual purchasing Peak Performance products (“Products”) at www.peakperformance.com/gb (the “Online Store”) and Amer Sports UK Limited, an English company with registration number 2757365, having its main office at 3rd Floor, Building 2, Meadows Business Park, Camberley, Surrey, GU17 9AB, United Kingdom.

 

References to "Peak Performance", "we" or "us" in these Terms and Conditions refer to the above-mentioned company. 

 

1. About these Terms and Conditions

These Terms and Conditions only apply to purchases made in the Online Store. All orders placed in the Online Store and deliveries made in response to such orders are therefore subject to these terms of sale. Orders from our Online Store can also be placed at our physical stores with the help of our personnel. Such Order in Store -orders are also subject to these terms of sale.

 

We may change these Terms and Conditions from time to time. We will state their effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.

 

WHEN PLACING AN ORDER FOR PRODUCT(S), YOU ARE REQUESTED TO EXPRESSLY AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. NO ORDER OF PRODUCTS CAN BE PROCESSED WITHOUT THE ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

2. Placing an order 

Please note that orders can only be placed by persons for whom the order is not part of the operation of their business, i.e. only by consumers. We will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.

 

To be able to buy the Product(s) you have to:

• provide your name and address, phone number, email address, payment details and other required information;
• be at least 18 years of age;
• be legally competent; and
• have a delivery address in the United Kingdom.
   

In case you created a Peak Performance account with a personal user identification 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.

 

3. Order processing and contract conclusion

You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. All orders must be accepted by us and the offers in the Online Store are non-binding.

 

We may refuse orders, including but not limited to abusive or unusual orders, orders which we believe are not placed in good faith and orders not placed by individuals. We are not obliged to give a reason for refusing to accept an offer, but we may do so at our sole discretion.

 

If we accept your order, we will send you an Order and Shipping Confirmation by email. The conclusion of the contract will take place the moment you receive the Order and Shipping Confirmation email. 

 

The Order and Shipping Confirmation email is your proof of purchase, please store it as we will not archive your contract.

 

4. Prices, shipping, handling charges and tax 

The price charged for a Product will be the price in effect at the time the order is placed. We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

  
Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process.

 

Please note that we make no warranty that the Online Store will be error-free. Pricing errors may occur from time to time, in which case we reserve the right to not accept or cancel orders placed in the Online Store.

 

5. Delivery

We deliver Product(s) only in the United Kingdom and subject to the following restrictions:

 

·       P.O. Box addresses

·       Overseas army addresses

·       Prisons

·       Guernsey, Anguilla, Ascension Island, Bermuda, British Indian Ocean Territory, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Island of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands. 

 

Delivery options are as follows:

·       Home delivery: estimated delivery time of 4 to 5 business days

 

If your order consists of several items, we reserve the right to split the delivery. You will not be charged for any additional delivery costs.

 

In case you unreasonably delay delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) 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. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 days and are returned to us undelivered, we shall be entitled to cancel the contract and we will refund you in accordance with these Terms and Conditions.

 

We shall not be liable for any delay or non-performance if this is the result of unforeseeable circumstances beyond our control and responsibility. These include, but are not limited to, acts of war or terrorism, strikes, national or local emergencies, epidemics, pandemics, disruption to transport networks, power and utility failures, earthquakes and other natural disasters. We will immediately inform you  of such circumstances. If such an impediment to performance lasts for more than four weeks after the original delivery date, you are entitled to withdraw from the contract at no cost. There are no further claims, in particular no claims for damages.

 

We encourage you to examine the delivery package and received Product(s) as soon as possible and at the latest 14 days after they are delivered to you and check their condition and that the content of the delivery package is complete. If the packaging appears to be damaged, please do not accept the shipment. Please note that you bear the risk for the products you have ordered when the delivery is completed. In the case of defective products or inconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. You also have the right to keep the defective product and ask for a reduction of the price. In any of the foregoing cases, please contact our customer service.

 

6. Product(s) availability 

We do not guarantee the availability of any Product(s) in the Online Store. We reserve the right to change, discontinue or discontinue the availability of any product without liability or notice. This does not apply to ordered products for which you have already received an Order and Shipping Confirmation email from us.

 

7. Compatibility, product information 

Please exercise care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown in the Online Store at the time of purchase will be seen as taking precedence. 

 

8. Payment

Payment can be made by:

·       Visa

·       Mastercard

·       Amex

·       Maestro

·       Paypal

 

We reserve the right to carry out security checks on all payments. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.

 

9. Return and refund

 
Please note that we will only process returns and refunds for Product(s) ordered in the Online Store. This also includes Order in Store products. 

 

Cancellation right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel or withdraw from the contract and return the Product(s) you may do so provided you complete the return procedure within 30 days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right time frame will start from the date on which you receive the last Product.

 

In order to exercise your cancellation right and return the products, please complete the return procedure on our online return platform. Alternatively, you can return the model cancellation form that is reattached as Annex 1 or contact our customer service.

 

You may only return Product(s) that have their tags intact and which you have taken reasonable care of and not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s) you bought.

 

Once we have received your online statement to cancel the contract, we will send you a confirmation email. You will then have to return the Product(s) without undue delay and in any event not later than 30 days from the date on which you notified your decision to withdraw from the contract. You will bear the direct costs for returning the Product(s) in the form of a handling fee stated below.

PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF ANY SEALED UNDERWEAR PRODUCT(S) WHICH WERE UNSEALED AFTER DELIVERY AND ARE NOT SUITABLE FOR RETURN FOR HYGIENE REASONS.

 

Return procedure:

You must return the Product(s) in the original packaging. You must include all accessories, user manuals and any free gifts that came in the same package. When a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. Returns from different orders shall not be combined. To ensure fast and secure return we encourage you to follow the given return instructions.

 

When exercising your cancellation right, a return handling fee of 9,90 GBP will be deducted from the price you paid for the Product(s), and the remaining amount will be returned to you within 14 days of us receiving the returned products at our warehouse. The return handling fee is calculated per returned shipment. If you return the whole order, you will also be refunded the standard shipping costs. Please note that if you choose a more expensive express shipping option, only standard shipping cost will be reimbursed. 

 

The refund will be confirmed by email. Payment will be carried out using the same means of payment as you used for the initial transaction.

If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s) or 3) with Product(s) missing or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.

Other return cases: 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 our customer service without delay.

 

10. Legal guarantee

You have a legal guarantee of conformity in accordance with statutory law. We shall ensure that our Products meet the core standards required by applicable law, and in particular, shall ensure that our Products will be of satisfactory quality and match the description provided to you by us. 

 

Please note that e.g. the following damages are not covered by the legal guarantee:

·       Damages resulting from normal wear and tear of the Product(s)

·       Damages resulting from your storage of the Product(s)

·       Damages resulting from non-compliant use of the Product(s) or poor maintenance

·       Damages resulting from the modification of the Product(s) or their repair by another entity than Peak Performance

·       Damages resulting from shock, caused by sharp objects, twisting, compression, dropping, abnormal impact and other actions beyond our control.

 

PLEASE NOTE THAT WHAT IS SAID HERE ABOUT OUR LEGAL GUARANTEE IS NOT INTENDED TO AFFECT, LIMIT OR OTHERWISE CHANGE YOUR STATUTORY LEGAL RIGHTS.

 

If you believe that you are entitled to repair services under your legal guarantee, please contact our customer service.

 

11. Personal data

The privacy policy available on our website and additional provisions in these Terms and Conditions govern the use of your personal data. Purchasing of Product(s) in the Online Store requires that you accept the privacy policy and the processing of personal data as described in said privacy policy.

 

We will use reasonable care to protect the security of information relating to your order and payment but (unless we have acted with gross negligence) cannot be held liable for any harm you may suffer if a third-party gains unauthorized access to your information.

 

PLEASE NOTE THAT WHAT IS SAID HERE ABOUT THE PERSONAL DATA IS NOT INTENDED TO AFFECT, LIMIT OR OTHERWISE CHANGE YOUR STATUTORY LEGAL RIGHTS.

 

12. Our liability

We shall perform our obligations under these Terms and Conditions with reasonable care and skill. 

 

We exclude any warranty, express or implied, or any promise of quality, except as expressly provided in these Terms and Conditions. In particular, we are not responsible for ensuring that the products are suitable for the intended purpose unless you have informed us of such purposes before the conclusion of the contract and we have accepted them.

 

We are responsible only for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control. You must follow any advice that we give you in relation to Products (including instructions, user guides and/or manuals provided with Products). We do not accept liability for damage to Products that we have supplied where caused by your failure to follow our advice.

 

We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We shall use our reasonable endeavors to verify the accuracy of information that is used on the Online Store but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images, and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s).  Pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us.  We will correct errors on our Online Store as soon as possible after becoming aware of them.

 

We shall not be liable, whether in contract, tort or otherwise, for any consequential loss, indirect loss, pecuniary loss (including lost profits), loss of data, loss of goodwill or reputation, or any other loss on any legal basis whatsoever. However, nothing in these Terms of Sale excludes or limits liability for gross negligence, willful intent, fraud or personal injury.

 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT. 

 

13. General

The Online Store 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 Online Store and any transactions conducted on or through the Online Store.

 

If any provision or provisions of these Terms and Conditions 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.

 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT. 

 

14. Customer service

Our Customer Service will assist you with any Online Store order related questions. You can contact our Customer Service either via email, chat or by phone.

 

15. Governing law

These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales.

 

Annex I: 

Model withdrawal form (complete and return this form if you wish to withdraw from the contract)

 

To: Amer Sports UK Limited, 3rd Floor, Building 2, Meadows Business Park, Camberley, Surrey, GU17 9AB, United Kingdom.

 

Email: consumerservice-emea-en@peakperformance.com

 

I hereby give notice that I withdraw from my contract of sale of the following Product(s):

 

• Ordered on __________ / received on_____________
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s):
• Date: