1. DEFINITIONS AND OVERVIEW
1.1 “Contract” means the contract between us and you for the sales and purchase of the Products in accordance with these Terms; “Product” means a product detailed in the Order; “Order” means your order of Products submitted by you online via the Website; “Terms” means these terms and those that may be amended from time to time; “We/our/us” means Pongoose; “Website” means the website located at www.pongoose.com or any subsequent URL which replaces it; “You/your” means the person who purchases Products from us using the Website.
1.2 This website is operated by Pongoose who can be contacted via email at email@example.com. All goods will be shipped from our premises; please note there are no facilities for customers to collect Products from us.
1.3 These terms and conditions will apply to any Contract between us for the sale of Products to you. Please read these terms carefully before accessing or using our website; you will be asked to agree to them before you place an order and if you refuse to accept them you will not be able to order any products from our site. These terms and conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants and contributors of content. These terms and conditions have been created in accordance with the Consumer Rights Act 2015.
1.4 New features or changes to the website and/or products will be subject to these terms and conditions. We reserve the right to update these terms by making changes to our website and it is your responsibility to check this page regularly for such changes. By continuing to use the website, you agree to any changes made by us. These terms may be revised to reflect changes in the relevant laws and regulatory requirements, and any unforeseen circumstances affecting the manufacturing process.
1.5 Any revisions to these terms that take place during your order process will be advised to you with reasonable advance notice as much as possible and we will let you know how to cancel the contract if you are not happy with the changes.
2. OUR CONTRACT WITH YOU
2.1 The Order you place constitutes an offer to purchase the Products in accordance with these terms and you are responsible for ensuring that the terms of the Order are correct. You can only purchase Products from us if you meet any legal age requirement necessary for the acquisition of the Products.
2.2 The shopping pages on our website will guide you through placing an Order. You will be able to check and amend any errors before submitting your Order. When you press the ‘Order and Pay’ button we will confirm your order by email and assign you an order number, which you will need if you contact us about your Order. This email will confirm: a description of the Products ordered, the total price of the goods, applicable delivery charges and information regarding your right to cancel.
2.3 Your order will be deemed as legally accepted by us once you have paid for the Products, money has been received by us and the Products have been dispatched. Any email or order acknowledgement/confirmation by us of receipt of an Order detailed in clause 2.2 does not count as legal acceptance by us of your Order. The Contract between us is formed when we send you an email confirming the Products have been dispatched.
2.4 If we are unable to accept your Order, we will notify you by email and you will not be charged for the Products. This could be for, but not limited to, the following reasons: the product is out of stock or problems obtaining component parts from manufacturers inside and outside the UK meaning we cannot meet a delivery deadline; unexpected limits on our resources we could not foresee or plan for; attempted payment with a credit card that raises fraudulent concerns.
3. OUR PRODUCTS
3.1 Images of our Products on the website are for illustrative purposes only and colours may vary depending on your screen’s display. We have made every effort to display colours as accurately as possible.
3.2 Sizes, weights and dimensions have been calculated as accurately as possible but essentially are supplied as an approximate guide. For example, should you be taking the Pongoose Climber on holiday, please weigh your luggage including the whole product to ensure you are under the relevant luggage weight restrictions.
3.3 If required, we reserve the right to amend the Product description on our website, along with correction of any errors in price of which we will notify you by email. In the event of such errors, a Contract will not have been entered into at this point and you are not bound to continue with the purchase. We will cancel your Order and refund you in full via your payment method. This full refund will be the extent of our liability to you in event of these errors.
3.4 Packaging of the Product may vary from that described on our website, however we will package the Product in such a way that it should be protected from damage in transit to you during delivery.
3.5 Any special offers or promotions will only be available in limited quantities or colours and when stock runs out of such Product we will not be able to supply the item(s) at the special offer or promotional price.
4. PRICE OF PRODUCTS AND PAYMENT
4.1 Product prices will be quoted on our website at the time of submitting your Order and we take reasonable care to ensure the prices of Products are correct and up-to-date. Should there be an error please refer to clause 3.3 for details of what will happen.
4.2 Our prices may change from time to time but will not affect any Order you may have already placed.
4.3 Pongoose is not currently VAT registered, therefore, products do not have VAT added.
5. HOW TO PAY
5.1 You can pay for Products on our website using a debit or credit card; the options available will be listed on our website during the order process. Card payments are processed on our website via a secure payment gateway called Stripe. No card details are stored by Pongoose or shared with 3rd parties. No additional card fees are charged with debit or credit card payments. At this time, PayPal is not an offered payment gateway purely due to the amount of additional fees that will need to be passed on to the customer and significantly elevate the cost of the cart.
5.2 Payment is required upfront for Products ordered and associated delivery charges (which are calculated based on the size and weight of the Products ordered).
6.1 We will email you when your Order has been dispatched. This will contain a tracking code for you to monitor the progress of your delivery if available, depending on the delivery options offered and chosen. An expected delivery date will be included in the email. Occasionally our delivery to you may be affected by an event out of our control (see clause 11 for details).
6.2 Delivery may be via Royal Mail or Courier if the product you have purchased has unusual dimensions, for example, the Pongoose Climber. Other cheaper or alternative options for delivery will be available for more standard sized products. All delivery options will be listed during the checkout process where you can select your preferred option and the appropriate charge will be added to your basket.
6.3 If no one is available at your address to accept delivery and Products are too large to be put through the letterbox, delivery will be attempted to a neighbour, or a note will be left explaining where to collect the Products from or how to rearrange delivery.
6.4 If special delivery instructions are provided to leave a package in a special place in the absence of a person to accept delivery, you shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyer’s fees and expenses) arising from loss or damage to any goods as a result of providing these special delivery instructions.
6.5 If the Products are not collected or delivery is not rearranged, we will contact you with further instructions and charges may be made to you for storage costs and further delivery costs. If we are unable to contact you or rearrange delivery or collection of the Products, we may end the Contract.
6.6 Delivery of an Order will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. We cannot accept liability for any loss or damage to the goods once they have been delivered.
6.7 You own the Products once we have received payment in full, including all applicable delivery charges.
6.8 If spare parts are required to replace components lost or broken by you, delivery cost will be paid by you in addition to the cost of the component parts.
6.9 If we miss the 30 day delivery deadline for any Products, then you may cancel your Order straight away if any of the following apply: we refused to deliver the Products; delivery within the deadline was essential (taking in to account all relevant circumstances); or you told us before we accepted the Order that delivery within the delivery deadline was essential.
6.10 If you do not wish to cancel your Order straight away or do not have the right to do so under clause 6.9, you can give us a new deadline for delivery (which must be reasonable) and you can cancel your Order if we do not meet the new deadline.
6.11 If you do choose to treat the Contract as at an end for late delivery under clause 6.9, you can cancel your Order for any of the Products or reject Products that have been delivered. You can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will need to return them to us and we will pay the costs of this. The costs of the Products and delivery charge will be refunded to you once they have been received back by us for the cancelled Order.
7. INTERNATIONAL DELIVERY
7.1 You may place an Order for Products from outside the UK from countries in Europe, Australia and the USA (International Delivery Destinations), but please note that your Order will be subject to additional shipping charges above those charged in the UK. Please be aware that there may be other taxes, fees or charges which are imposed by local legislation once the Products reach their destination. We have no control over these charges and cannot predict their amount. There are some countries we do not deliver to currently because of the cost of shipping; please see the homepage heading for countries we ship to.
7.2 You will be responsible for payment of such import duties or taxes. Please contact your local customs office for further information before placing your order.
7.3 The recipient of the goods must comply with the applicable tax and duty regulations of the country where the Products are to be delivered and pay appropriate charges levied by the shipping provider. Please ensure the person accepting the goods is aware of this particularly if they did not place the order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7.5 Please be aware that some Products may not be able to be delivered to some international destinations due to size or weight restrictions. If this is the case, you will be contacted as soon as possible and your order will be cancelled.
8. RETURNS AND REFUNDS
8.1 If you are a consumer, you have a legal right to cancel a Contract within 14 days of receipt of the Products. This means that if during this period, you decide you do not want to receive or keep the Products, you can notify us that you wish to cancel the Contract and receive a refund. You are also entitled to request an exchange within the same period and the provisions below will also apply.
8.2 However, this cancellation right does not apply in the case of any bespoke or customised goods which have been personalised/customised to your specific request.
8.3 Your legal right to cancel a Contract starts from the date we send you an email confirming the Products have been dispatched, which is when the Contract between us is formed, and ends 14 days after the day you receive the Products. If your Order consists of multiple Products sent separately, the end date is 14 days after the day on which you receive the last of the Products ordered.
8.4 To cancel a Contract, you need to let us know you have decided to cancel. To do this, please contact us via email (which will constitute your cancellation form) including your order number. Your cancellation will be effective from the date you send us your email.
8.5 If you cancel your Contract with us, we will refund you the price you paid for the goods but not the delivery costs. However, we are permitted by law to reduce your refund to reflect any reduction in value of the goods if this has been caused by you using them or handling them in such a way that means the Product no longer looks brand new. If your Order has been dispatched when you cancel, we require the Product to be returned to us before any refund will be made.
8.6 If you cancel your Contract with us, we will make any refunds to you as soon as possible. If you have received the Product, we will make the refund 14 days after the day on which we receive it back from you, or, 14 days from the day you provide us with evidence that you have sent the Product back to us. If you have not received the Product we will make the refund 14 days after you inform us of your decision to cancel the Contract.
8.7 If you are returning Products because they are faulty or mis-described, we will refund the price of the Products in full together with any delivery charge and your costs to return them to us.
8.8 We will refund you only via the method you used to pay for the Products.
8.9 If a product has been delivered to you before you decide to cancel your Contract, you must return it to us without undue delay and no later than 14 days after the day on which you let us know that you wish to cancel the Contract. Unless the Product is faulty (clause 8.7), you will be responsible for the cost of returning the Product to us. If the product cannot be returned by post and requires a Courier (for example, the Pongoose Climber), we estimate that if you use the company that delivered the goods to you, that these costs should not exceed the sums we charged you for delivery. In any event, we recommend you obtain proof of posting and use a trackable service. You must take care to ensure the Products are not damaged in transit and are securely packed, ideally in the Product’s originally packaging. We cannot be responsible for lost or damaged returns and, unless the Product is faulty or not as described, you will be responsible for the cost of returning them to us.
8.10 Due to the speed of our ordering process we may not be able to stop your Order being dispatched if you cancel, however we will attempt to stop them being delivered to you. If we are unable to do this and the Products are delivered, you can return them in line with your rights detailed above.
8.11 We are under legal duty to supply products that are in conformity with these Terms and Conditions. This means the products must be as described, fit for purpose and of satisfactory quality. If you purchase a product online which is found to be faulty within 30 days of receipt, your legal rights entitle you to request a full refund of the faulty Product. If the fault occurs after the initial 30 days but before 6 months of receipt of the Product, then we are entitled to repair and/or replace the Product. If this cannot be done you may be entitled to a refund.
8.12 For faulty Products, we will examine them or return them to a relevant manufacturer for inspection. Where applicable, a refund will be provided to you within 14 days of the day we agree you are entitled to a refund.
8.13 For exchanges, it is not always possible to do so for Products that were purchased on special offer or promotion for the same price as the original special offer or promotional price. This is because these items may be separate stock to our normal stock and may only be available in a limited choice of colour or size, or the item may have sold out.
9. OUR GUARANTEE FOR OUR PRODUCTS
9.1 We offer a 12 month guarantee from the date of delivery that the Products shall be free from material defects. This guarantee does not apply in the circumstances described in clause 10.2. Proof of purchase of the Product is required for the guarantee to be valid.
9.2 The guarantee in clause 9.1 does not apply to any defect in the Products arising from: normal wear and tear; wilful damage, incorrect storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Products in accordance with their user instructions; any alteration or repair by you or a third party; any specification provided by you.
9.3 This guarantee is in addition to, and does not affect, your legal rights in relation to faulty or mis-described Products.
10. DISCLAIMERS AND LIABILITY
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
10.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We make no warranty, expressed or implied, with respect to the accuracy of the information, opinion or statement contained herein. If you find any mistakes on this website, please accept our apologies and notify us. We will do whatever we can to correct the information.
10.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of third-party websites linked to our site. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
10.5 We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title, quiet possession and free from encumbrances); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and damage cause by defective products under the Consumer Protection Act 1987.
11. EVENTS OUTSIDE OF OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than 30 days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
12. USE OF YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us: to supply the Products to you; to process your payment for the Products; if you agreed to this during the Order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
12.2 Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13. OTHER IMPORTANT INFORMATION
13.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.3 As a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
13.4 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
13.5 The Products sold by us are for use in outdoor climbing. Although they are not safety Products and are essentially added extras to make your climbing easier, we want you to be safe whilst using our Products. We are therefore drawing your attention to the British Mountaineering Council’s (BMC) Participation Statement: “The BMC recognizes that climbing and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions”.