Customer Service

Terms & Conditions

 

Last updated January 21, 2025

Welcome to www.icebreaker.com (the Website or 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.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO ICEBREAKER, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, BLOGS OR THE LIKE, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT PROVIDE SUBMISSIONS TO ICEBREAKER.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AFFECTING YOUR RIGHTS UNDER THESE TERMS OF USE. ANY DISPUTE BETWEEN YOU AND ICEBREAKER IS SUBJECT TO A CLASS ACTION WAIVER, AND, EXCEPT FOR THOSE DISPUTES FILED IN SMALL CLAIMS COURT, MUST BE RESOLVED THROUGH ARBITRATION RATHER THAN IN COURT.

ICEBREAKER MAY AMEND THESE TERMS OF USE AT ANY TIME. ANY SUCH AMENDMENT WILL BE EFFECTIVE UPON THE EARLIER OF EITHER NOTICE TO YOU OR POSTING UPDATED TERMS TO THE WEBSITE UNLESS YOU OPT OUT FOLLOWING THE STEPS OUTLINED BELOW. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THE UPDATED TERMS OF USE. OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO MODIFY ANY PROVISION OF THESE TERMS OF USE, EITHER VERBALLY OR IN WRITING. YOU HAVE THE RIGHT TO OPT OUT OF ANY SUCH AMENDMENT BY PROVIDING US WITH WRITTEN NOTICE VIA EMAIL WITHIN 30 DAYS OF THE AMENDMENT TO: . TO BE EFFECTIVE, YOUR OPT-OUT NOTICE MUST BE TIMELY, SENT TO THIS EMAIL ADDRESS, AND INCLUDE YOUR NAME, ADDRESS, AND THE SAME EMAIL ADDRESS USED TO CREATE AN ACCOUNT WITH US (IF YOU PREVIOUSLY CREATED AN ACCOUNT WITH US) AND AN UNEQUIVOCAL STATEMENT THAT YOU WISH TO OPT OUT OF THE UPDATED TERMS OF USE. OPTING OUT OF AN AMENDMENT TO THE TERMS OF USE HAS NO EFFECT ON ANY OTHER AGREEMENTS THAT YOU CURRENTLY HAVE WITH US, INCLUDING ANY PRIOR TERMS OF USE AND OUR PRIVACY POLICY.

ICEBREAKER HAS THE RIGHT, BUT IS NOT OBLIGATED, TO STRICTLY ENFORCE THE TERMS OF USE THROUGH SELF-HELP, COMMUNITY MODERATION, ACTIVE INVESTIGATION, LITIGATION AND PROSECUTION.

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:

Your privacy is very important to us. Please read our Privacy Policy for information about how icebreaker collects, uses, holds or discloses any personal information about you.

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

Our Terms of Sale apply to you when you purchase a product from us on the Site, and you agree to be bound by our Terms of Sale when you order a product from the Site.

    Checkout and your order

  1. When you complete the checkout process on the Site, you are submitting an order for products and this constitutes an offer to purchase the products. icebreaker may not accept your offer for any reason.
  2. Your offer is accepted by icebreaker when you receive an email from us confirming that your order is successful and has been accepted.
  3. Once we have confirmed that your order has been accepted, it cannot be amended or cancelled.
    4.  

    Your account with us

  4. To complete your order you may need to create an account with us. Only one account is permitted per person.
  5. When you create an account you must provide us with true and correct information, and you must update us of any changes to information relating to your account.
  6. You must keep your password confidential and secure and you agree to accept responsibility for all activities that occur under your account. You should choose a unique and complex password not used for other accounts. icebreaker will not be responsible for any loss or damage that arises out of your failure to maintain the confidentiality of your account and password.
  7. If you are under 18, you may use the Site only under the supervision of a parent or guardian.
  8. You agree that we may communicate with you by email for transactional and legal messages regarding your account.
    9.  

    Accuracy of product descriptions

  9. 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.
  10. If a product that you have purchased is not as described or pictured, you may return that product to us in an unused condition and we will provide a refund for the product to you.
    11.  

    Product availability

  11. 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.
  12. icebreaker may change or discontinue products at any time without any prior notice to you.
  13. If you have placed an order for a product that is no longer available (or becomes unavailable), icebreaker will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.
    14.  

    Prices

  14. All prices on the Site are in USD dollars and are exclusive of sales tax.
  15. You may also be charged a shipping fee in accordance with the Shipping Policy and the Shipping Terms and Policies set out in clauses 18 to 21 of these Terms of Sale.
  16. We may change the prices on the Site at any time, however if you submit an order for a product before any price change, then the purchase price for the product will be the price that was shown on the Site at the time you submitted your order.
    17.  

    Terms of Payment

  17. We accept payment on the Site via PayPal, Visa, MasterCard, Amex, Discover, Klarna and other providers that we may add, from time to time. You represent and warrant that (i) the credit card information you supply us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the Price, including all applicable taxes, if any.
  18. When you pay by credit card, the payment will be processed by third party Adyen on behalf of icebreaker.
    19.  

    SHIPPING TERMS AND POLICIES

  19. Please see our Shipping Policy for information about our shipping conditions.
  20. The shipping costs for your order are listed on the Site during the checkout process.
  21. If you have any questions about shipping please contact icebreaker on the numbers set out in the Shipping Policy.
  22. Risk and title in the products that you have purchased will pass to you at the point of shipment.
    23.  

    Returns

  23. You may return any product you have purchased directly from icebreaker as long as it is unworn, unwashed, and in the original packaging. A product may be returned for a refund for any reason 30 days from the date the parcel is received.
  24. For more information visit the Returns page on the Site.
    25.  

    Warranty

  25. Subject to any of our obligations at law, icebreaker will replace your icebreaker garment within 12 months of purchase if it has faulty fabric, stitching or manufacturing. Please return your garment as soon as possible so we can assess its condition and send you a replacement.
  26. Please contact  or call 1 888 530 0075 for instructions on how to return a garment under this warranty or visit the Returns page on the Site.
  27. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS CLAUSE. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED Warranty
 
 

Site Terms of Use

When you access, browse, use or view the Site, you accept these Terms of Use.

    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.
    2.  

    Copyright

  2. This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents, pages, or components may contain different copyright notices and/or additional proprietary notices.
    If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Icebreaker agent for notice of claims of copyright infringement ("Copyright Agent"), at:
    Icebreakercopyrightagent@vfc.com
    Or
    Attn: Copyright Agent / General Counsel
    icebreaker Website
    VF Intellectual Property Services, Inc.
    3411 Silverside Rd., 200 Hanby Building
    Wilmington DE 19810
    Phone: 720-778-4000
    In order to be effective, a notice of copyright infringement must be made in writing and include:

        (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
        (b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Copyright Agent to locate the material (e.g., the URL);
        (c) Your contact information, such as an address, telephone number, and email address at which you may be contacted;
        (d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
        (e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
        (f) Your physical or electronic signature.
    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, icebreaker has adopted a policy of limiting access to or terminating the online accounts of users who are deemed repeat infringers. Under icebreaker’s policy, a ‘repeat infringer’ is any user who repeatedly fails to adhere to icebreaker’s Terms of Use or local law by repeatedly submitting that infringes the rights of another party.
    3.  

    Information on the site

  3. 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.
  4. 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.
  5. icebreaker may change the information, content or material that is displayed or available on the Site at any time without any notice.
  6. 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.
  7. 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.
    8.  

    Access to other websites

  8. 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.
    9.  

    Limitation of liability

  9. 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.
  10. 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.
  11. 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.
    12.  
     

    General

    Severability

  12. 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
    13.  

    Notices and electronic communications

  13. 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.
    14.  

    Force majeure

  14. 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.
    15.  

    Disclaimer of Warranties

  15. YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ICEBREAKER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ICEBREAKER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
    16.  

    Limitation on Liability and Indemnity of icebreaker

  16. UNDER NO CIRCUMSTANCES SHALL THE ICEBREAKER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ICEBREAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
  17. YOU AGREE TO INDEMNIFY AND HOLD ICEBREAKER, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPLY TO ICEBREAKER’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
    18.  

    Disputes and Arbitration Agreement

    Informal Dispute Resolution

  18. You and we agree to work together in an effort to resolve any dispute or claim between us relating to these Terms of Use, your account, purchases, or our products (“Dispute”). The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

    19. 1) icebreaker, A Division of VF Outdoor, LLC at ATTN: General Counsel, 1551 Wewatta Street, Denver, CO 90202
    2) You, at your last-used billing address or the billing and/or shipping address in your online profile.
    Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
     

    Arbitration Agreement

  19. To the extent you and we cannot resolve any Dispute through the informal dispute resolution procedure described above, any Dispute will be resolved by binding arbitration, rather than in court, except that you or we may assert individual claims in small claims court if the claims qualify and so long as the matter remains in such court and advances only on an individual basis. You and we agree to give up your right to go to court to assert or defend your rights under these Terms of Use and with respect to any Dispute. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. You and we expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

    If for any reason a claim proceeds in court rather than in arbitration, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

    Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, including rules related to multiple or mass case filings, except as provided in this section. You agree that the arbitration shall be conducted by AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”) and, if appropriate, its Mass Arbitration Supplementary Rules (“Supplementary Rules”), as modified by this Arbitration Agreement. The AAA Rules and Supplementary Rules, are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. If you initiate an arbitration against icebreaker, you will be responsible for the nonrefundable individual’s initial filing fee. To the extent the filing fee for the arbitration exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, the arbitrator may require icebreaker to reimburse you for the excess amount you paid to AAA. If the arbitrator finds that AAA’s filing, administrative, hearing, and/or other fees would be prohibitive for you as compared to the costs of litigation, the arbitrator may require icebreaker to reimburse as much of the filing, administration, hearing, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. In the even the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, groundless, or brought or continued in bad faith, you agree to reimburse icebreaker for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA Rules. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

    The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may, in the arbitrator’s discretion and to the extent authorized by applicable law, include in the award rendered by the arbitrator costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing party, and the arbitrator shall include in such analysis whether any claims made in the arbitration were frivolous or were brought or continued in bad faith.


    20.  

    Waiver of Right to Bring Class Actions and Representative Claims

  20. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and we agree that each may bring claims against the other in arbitration only in your or icebreaker’ respective individual capacities and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

    21.  

    Mass Arbitration and Bellwether Protocols.

  21. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed within 180 days of an arbitration demand filed on your or icebreaker’ behalf, and your claim or defense is presented by or with the assistance or involvement of the same law firm, organization, or collection of law firms as is involved in the other arbitrations of a similar nature, the parties agree that this will constitute a “Mass Arbitration.”

    If the parties disagree about whether a Mass Arbitration has been instituted, either party may request that the arbitration provider determine that a Mass Arbitration has been instituted and that the procedures below are applicable. For purposes of making this determination, the parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.

    From the date of agreement that a Mass Arbitration has been filed, or if the arbitration provider determines that a Mass Arbitration has been filed, either party may opt-out of arbitration within thirty (30) days of the determination. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to icebreaker, a Division of VF Outdoor, LLC, Attn: General Counsel, at 1551 Wewatta Street, Denver, CO 90202. We may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.

    If the parties proceed with the Mass Arbitration, they agree that the following terms and procedures shall apply.

    First, the parties agree to the following bellwether protocols intended to reach a fair and speedy resolution of all claims in the Mass Arbitration. The arbitration provider shall randomly select four (4) demands for arbitration to proceed, and then claimants and respondents shall each select three (3) demands for arbitration to proceed, for a total of ten (10) arbitrations (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all remaining demands for arbitration comprising the Mass Arbitration shall be held in abeyance and stayed, and no party shall be responsible for paying any additional administration or arbitrator fees (other than initial filing/administrative fees for the Bellwether Arbitrations and the abeyance fees) while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations regarding those demands shall be tolled beginning from the date of determination there is a Mass Arbitration. The parties agree that these bellwether procedures are designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Arbitrations, including claims that are not selected for Bellwether Arbitrations. Accordingly, following the resolution of all of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Arbitration. The mediation shall be administered by the arbitration provider, or a mutually agreeable other mediator.

    If the parties are unable to reach a global resolution following the above Bellwether Arbitrations and global mediation, the following batching provisions shall apply to the remaining claims:
        1. The parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
        2. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative, arbitrator, and filing fees per batch.
        3. This batching process shall not impact the nature of these actions as individual in nature, including that the arbitrator will make a separate determination for each claimant, nor shall it change the burden of proof on each individual claimant.

    You agree to cooperate in good faith with icebreaker and the arbitration provider to implement such a batch approach to resolution. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. If the AAA is unable or unwilling to administer the Dispute in accordance with the terms set forth in this section, the parties shall agree to another arbitration provider that is willing and able to administer the Mass Arbitration pursuant to the Bellwether Arbitration and batch approach outlined in the terms above.


    22. Severability of Arbitration Agreement

  22. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
    23.  

    Other Terms

  23. The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that it shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Website ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
    24.  

    Opt Out

  24. You may opt out of this Arbitration Agreement via email. If you do so, neither party can force the other party to arbitrate. To opt out of this Arbitration Agreement, you must notify us in writing no later than thirty (30) calendar days upon the earlier of either notice to you or posting updated terms to the Website. If you opt out of the Arbitration Agreement, the class action waiver shall continue to apply. Your opt-out notice and must be sent via email to and shall include your name, address, and the same email address you used to create an account with us (if you created an account with us)and a statement that you wish to opt out of this Arbitration Agreement.
    25.  

    Termination

  25. With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or we. You may terminate this Terms of Use at any time. We also may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of the Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.
    26.  

    Governing law

  26. To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to our services, these Terms, the PRIVACY POLICY, or your use of the Website, will be governed by and construed in accordance with the State of Delaware, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to our services, these Terms of Use, the PRIVACY POLICY or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts. These Terms constitute the entire agreement between you and icebreaker with respect to the subject matter of the Terms.

    27. Accessibility

  27. 27. We strive to make this Website content accessible and user-friendly. If you are having difficulty viewing the content on this Website or navigating the Website, please contact Customer Service at (888) 530-0075 or email us at and we will be happy to assist you.
 
 

Terms of Buying for Collection In-Store (BOPIS)

Our Terms of Buying for Collection In-store (BOPIS) apply to you when you buy a product on the Site for later collection in an icebreaker store, and you agree to be bound by these terms.

 
  1. When you buy a product on the Site for collection in an icebreaker store, your order is authorized for payment at that time. Payment is captured once your order has shipped to the store from our warehouse (1-2 business days later). The email contains the relevant information and collection details of your purchased product.
  2. If you need to cancel your order, please note that we begin processing orders from the second you complete your purchase checkout, meaning that there isn’t a period where submitted orders can be canceled or changed.
  3. We must reserve the right to contact you on the email address and/or phone number you have provided as part of the order in case we need to provide you with any further updates pertaining to your purchase; otherwise we can’t inform you.
  4. If you wish to contact us for enquiries pertaining to your purchase you may contact us either via email or phone. These contact details for your selected store are available in the confirmation email sent to you upon successful order.
  5. If you have not picked up your order after 10 days from receiving the first notification that your order is ready for pickup, we will process your order as a return and send you a full refund. This process is automatic and won’t be challengeable for any reason (for example: wrong email address, late opening email, spam box).
  6. Some item(s) may not be available for exchange in store, but returning the item will be an option within store per the online Returns Policy.
  7. Pro customer purchases on icebreaker.com are Final Sale, including purchases through our BOPIS service. BOPIS orders placed with Pro customer accounts will be unable to return their order(s) in store.
    8.  

Terms of reservation

Our Terms of Reservation apply to you when you reserve a product – for later collection from one of our icebreaker stores – from us on the Site, and you agree to be bound by our Terms of Reservation when you reserve a product from the Site.

 

    Reserving an item

  1. When you reserve a product on the Site for collection in a selected icebreaker store, icebreaker may choose to not accept your reservation for any reason.
  2. If your reservation is accepted by us you will receive an email from us confirming that your reservation this. The email will contain relevant information including collection details for your reserved product. Your reserved product will only be held in store for collection by you within the timeframe specified in the email.
  3. A reservation can only comprise of a single product, of quantity one (1), for collection at a single icebreaker store. If you wish to reserve more than one product or with multiple quantities, and for collection in more than one icebreaker store, you will need to submit separate reservations for each.
  4. We must reserve the right to contact you on the email address and/or phone number you have provided as part of the reservation if we need to provide you with any further updates pertaining for your reserved product; otherwise we can’t inform you.
  5. If you wish to contact us in relation to your reservation, you may contact us either via email or phone. These contact details for your selected store are available in the confirmation email sent to you upon successful reservation.
    6.  

    Terms applicable on buying our collection in-store and through reservation

     

    Your personal information with us

  6. Your personal information including but not limited to your name, email address and phone number provided to us when you successfully reserve a product shall be used solely for the purpose of contacting you to provide you with the latest information and updates pertaining to your reservation, reserved item and collection.
  7. We will not contact you for any other marketing and/or promotional purposes unless you have explicitly previously provided your consent.
    8.  

    Accuracy of product descriptions

  8. 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, product colours, photographs or pricing information. Measurements on the Site are approximate only.
  9. If a product that you have reserved is not as described or pictured, or is not the right size, you may opt for another product during your visit to your selected icebreaker store, this way cancelling the original reservation.
    10.  

    Product availability

  10. Products displayed on the Site may not be available for reservation in all icebreaker stores or on the Site. Some products may only be available to purchase on the Site.
  11. icebreaker may change or discontinue products at any time without any prior notice to you.
  12. If you have placed a reservation for a product that is no longer available (or becomes unavailable), icebreaker will work with you to either substitute a similar product or arrange a later collection once the product is replenished.
    13.  

    Prices

  13. All prices on the Site are in US dollars and are inclusive of any applicable sales tax.
  14. We may change the prices on the Site or in our icebreaker stores at any time. As such, if you reserve a product before any price change, then the purchase price for the product will either be the price that was shown on the Site at the time you submitted your reservation (and confirmed in your email), or the price in our icebreaker stores during your collection, whichever is lower.
    15.  

    Terms of payment

  15. You will need to pay the purchase price for your reserved product in store at the time of collection.
    16.  

    Returns

  16. You may return any product you have purchased from icebreaker as long as it is unworn, unwashed, and in the original packaging. A product may be returned for a refund of the purchase price for any reason 30 days from the date the product is purchased. Proof of purchase will be required.
  17. For more information visit the Returns page on the Site.
    18.  

    Warranty

  18. Subject to any of our obligations at law, icebreaker will replace your icebreaker garment within 12 months of purchase if it has faulty fabric, stitching or manufacturing. Please return your garment as soon as possible so we can assess its condition and send you a replacement.
  19. Please contact  or call 1 888 530 0075 for instructions on how to return a garment under this warranty or visit the Returns page on the Site
 
 

CONTACT INFORMATION

For questions or concerns you have about the Site, icebreaker products, your order on the Site, etc. please contact us via email at   or phone at 1 888 530 0075.

Icebreaker, a Division of VF Outdoor, LLC
1551 Wewatta St
Denver, CO 80202