TERMS & CONDITIONS
Welcome to www.icebreaker.com (the Site).
In these terms and conditions (Terms), “icebreaker” “we”, “our” or “us” means icebreaker, a Division of VF Outdoor LLC and any reference to “you” or “your” refers to you. “Borderfree” refers to Borderfree Inc. and “Borderfree Checkout” refers to the checkout solution provided by Borderfree Inc for purchases made on the Site for deliveries to China, South Korea and Hong Kong.
When you access, browse, view, use, or order our products from the Site you agree to be bound by these Terms and any policies that we refer to in these Terms, including the following:
- Terms of Sale
We may amend these Terms from time to time by posting the revised version on the Site or sending you an email before the effective date of any amendment. If you continue to use our Site following the effective date of an amendment to these Terms, then you will be deemed to have accepted the amendment. If you do not accept any amendment to these Terms you will not be penalised by us, however you may no longer use the Site from the effective date of that amendment.
TERMS OF SALE
When you purchase a product from the Site, you make the purchase from Borderfree Inc, not icebreaker. Borderfree’s Terms can be found at https://www.borderfree.com/terms/en_us/.
CHECKOUT AND YOUR ORDER
1. When you proceed to the checkout process on the Site, you are submitting an order for products through the Borderfree Checkout.
2. By making a purchase through Borderfree Checkout, you acknowledge that your transaction will be with Borderfree as the Merchant on Record, not icebreaker.
3. Purchases of icebreaker products made from China, Hong Kong and South Korea through the Borderfree Checkout are not eligible for returns, refunds and exchange.
ACCURACY OF PRODUCT DESCRIPTIONS
4. We do our best to display accurate information on the Site, however the information on our Site may not always be up to date, accurate or complete, including (for example purposes only) product descriptions, photographs or pricing information. Measurements on the Site are approximate only.
5. Products displayed on the Site may not be available for purchase in all icebreaker stores or on the Site. Some products may only be available to purchase on the Site.
6. icebreaker may change or discontinue products at any time without any prior notice to you.
7. All prices on the Site are in your respective local currencies, ie Chinese Renminbi (CNY) for China, Korean Won (KRW) for South Korea and Hong Kong Dollar (HKD) for Hong Kong.
8. We may change the prices on the Site at any time.
9. Payment charges to your credit card or bank account statements may be accompanied by a descriptor that includes “Borderfree”, “BF”, “icebreaker”, other descriptor or some combination thereof.
10. You will also be charged shipping fee, duties and taxes, the amount of which depend on the country you are purchasing from. These will be calculated and displayed on the Borderfree Checkout.
TERMS OF PAYMENT
11. Depending on which country you are purchasing from, payment methods vary:
• China – Visa, MasterCard, Amex, AliPay, UnionPay, JCB
• Hong Kong – Visa, MasterCard, Amex, PayPal, UnionPay
• South Korea – Visa, MasterCard, Amex
12. By making a payment through Borderfree Checkout, you acknowledge that your transaction will be with Borderfree as the Merchant on Record, not icebreaker.
SHIPPING TERMS AND POLICIES
13. Shipping of your order will be in accordance with Borderfree’s Terms.
14. The shipping costs for your order are listed on the Site during the checkout process on the Borderfree Checkout page.
15. Purchases of icebreaker products made from China, Hong Kong and South Korea through the Borderfree Checkout are not eligible for warranty.
YOUR USE OF THE SITE
1. You may not:
(a) reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any information, content or material from this Site, including any trade mark appearing on the Site, without the written permission of icebreaker;
(b) use the Site for any illegal activity, or for any activity that would cause us to breach any law;
(c) use the Site in any way that may bring us into disrepute, or for any activity that is inappropriate, including any use that is obscene, offensive or abusive; or
(d) create a link to the Site (or any part of the Site) from any other website, without the prior written consent of icebreaker.
INFORMATION ON THE SITE
2. The copyright in all information, material, content (including rights in text, graphics, arrangement and design) that is displayed, or available on the Site belongs to icebreaker or its licensors.
3. Nothing in these Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the information, material or content that is displayed or available on the Site.
4. icebreaker may change the information, content or material that is displayed or available on the Site at any time without any notice.
5. icebreaker does not accept any liability for any information, content or material that appears on the Site that is made in an unauthorised manner, or that is posted or uploaded to the Site by another user of the Site.
6. Any information on this Site that relates to any activities (for example hiking, mountaineering, rock climbing or other outdoor activities) is not intended to act as an instruction manual for these activities. You are responsible for your safety and actions when carrying out those activities.
ACCESS TO OTHER WEBSITES
7. This Site may contain links to third party websites that are not under the control of icebreaker. icebreaker does not endorse, and is not responsible in any way for any information, content or material that is available on such third party website.
LIMITATION OF LIABILITY
8. You use the Site at your own risk, and to the extent permitted by law icebreaker will not be responsible or liable for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the Site, its servers, or e-mail sent from icebreaker.
9. You agree that the Site:
(a) will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
(b) icebreaker may, at any time and for any reason, make the Site, or any part of the Site unavailable to you or any other person.
10. To the extent permissible by law, icebreaker makes no warranties of any kind, express or implied, as to the operation or security of the Site.
1. If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired
NOTICES AND ELECTRONIC COMMUNICATIONS
2. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electric communication through the Site.
3. We have no liability to you for any lack of performance, unavailability or failure of the Site, to supply you any product, or failure to comply with these Terms where the same arises from any cause reasonably beyond the control of icebreaker.
LIABILITY TO YOU
4. Subject to our obligations under law, our total liability to you will be limited to the amount actually paid by you for the purchase of products from the Site. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
5. YOU AND ICEBREAKER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
6. By visiting the Site, you agree that the laws of the State of Colorado, will govern these Terms, and if there is any dispute relating to these Terms that might arise between you and icebreaker the courts of the State of Colorado will have non-exclusive jurisdiction over such dispute.
For questions or concerns you have about the Site, icebreaker products, your order on the Site, etc. please contact us via email at firstname.lastname@example.org.
VF Outdoor LLC
2701 Harbor Bay Parkway
Alameda, CA 94502