Terms & Conditions

TERMS AND CONDITIONS OF SALE ("SALES TERMS")

Last updated: 15/May/2023

 

These Sales Terms are applicable to the Arc'teryx Online Shop (“Online Shop”) at the www.Arcteryx.com.au and to orders and sale transactions for products available at the Online Shop (“Product”).

The Online Shop is owned by and operated by Amer Sports Australia PTY LTD,. (herein, "Arc'teryx", "we" or "us" as the context may require). The Online Shop is owned by and operated by Amer Sports Australia PTY LTD. Amer Sports Australia PTY LTD is the seller of the products.

Amer Sports Australia PTY LTD
ABN number: 65 063 414 568

 

With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.

ABOUT THESE SALES TERMS

These Sales Terms only apply to purchases made in this Online Shop. Other Arc'teryx web sites on the internet may have different terms and conditions. From time to time Arc'teryx may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Arc'teryx.

Information contained in Arc'teryx's advertising, brochures or other written materials, on Arc'teryx web sites or given to you, is for information only and not an offer by Arc'teryx to supply any Products.

BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.

Additional terms and conditions are required to be accepted for Employee or other purchase programs.

PLACING AN ORDER

To be able to buy Products you have to:

• Provide your name and address, phone number, email address, payment details and other required information.
• Be at least 16 years of age.
• Provide a delivery address in Australia (note that Arc'teryx is able to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses provided that a physical address is included).
• Be the owner or authorized holder of a valid payment method.. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.

When you create an Arc'teryx account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.

ORDER PROCESSING AND CONTRACT FORMATION

You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Arc'teryx. We may choose not to accept abnormal orders and orders which Arc'teryx suspects are not placed in good faith.

After having received your order, Arc'teryx will send you an order confirmation via email with your order number and details of the items you have ordered.

Acceptance of your order and the formation of the contract of sale between Arc'teryx and you will not take place unless and until you have received your Arc'teryx order confirmation email.

You have the option to cancel your order at any stage by contacting Arc'teryx customer service by calling 1800 651 872 before we have sent Your Arc'teryx Order confirmation email.

ARC’TERYX ANZ RESTRICTIONS ON COMMERCIAL QUANTITY PURCHASES

To ensure that the majority of purchases made are for the end user we will be actively restricting with suspected intent of on selling or reselling goods.

The reason behind this is to ensure that the purchase of commercial quantities in core items do not erode the availability and store experience of our intended guests.

This policy applies to all current and future Amer owned Arc’teryx stores both physical and digital.

This policy only applies to those who are suspected on-sellers, if the customer is clearly buying for themselves, we may use discretion to increase the quantities as appropriate.

All stores are to keep a log of suspected commercial transactions including names and items purchased.

Restrictions apply to purchases made by person(s), household, group, credit card or other forms of payment.  

This policy applies to all current and future Amer owned Arc’teryx stores both physical and digital.

The restrictions on a per person, per calendar month, basis are;

• Five total items.
• Two items of any model. Model is exclusive of gender and inclusive of colour.  EG: a customer or group can purchase two Women’s Atom LT Hoody and two Men’s Atom LT Hoody but cannot purchase two units of Men’s Atom LT Hoody in Black and two units of Men’s Atom LT Hoody in Kingfisher.
• Any other repeat purchase patterns which may represent more than normal personal use.

 

PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES

The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Arc'teryx may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

Arc'teryx charges sales tax where required by law. The appropriate charges are included in the total price displayed on your Arc'teryx Order. Prices for the Products do not include charges for shipping and handling.

Separate charges for shipping will be itemized in your shopping cart and on Your Arc'teryx order confirmation email.

PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL

Arc'teryx does not guarantee the availability of any Product in the Online Shop. Arc'teryx reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.

We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.

In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.

If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Arc'teryx.

Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.

Arc'teryx shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.

COMPATIBILITY, PRODUCT INFORMATION

When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Arc'teryx (or non-Arc'teryx) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.

PAYMENT

Payment shall be made by a credit or debit card approved by Arc'teryx or PayPal. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.

TITLE TO PRODUCTS

Arc'teryx retains full legal title to Products until it has received all amounts due on the ordered Products.

RETURN AND REFUND

If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased return the product within 30 calendar days after the original purchase date and correctly follow the instructions on the Returns & Refunds section of the Customer Support Centre.  

Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service 1800 651 872 by phone for assistance.

HOW TO RETURN ITEMS?

• You must return the items in their original package.
• You must include all accessories, user manuals and any free gifts that came in the same package.
• Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
• Please treat the items with care and return them in the condition that they were delivered to you.
• Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
• Replacement or refund can only be processed once we have received all the items to be returned.

If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.

If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card  5-7 business days after the date of receipt of the delivery.

Please note that Arc'teryx will only process returns and refunds for items bought in this Online Shop.

WARRANTY

Arc'teryx provides this warranty to buyers who purchased the Arc'teryx product (Product). Arc'teryx Products are guaranteed against all manufacturing or material defects (Defect) for the Warranty Period as defined in the following link:  Customer Support Centre

PERSONAL DATA

The Arc'teryx Privacy Policy and additional provisions in these Sales Terms govern the use of your personal data. Purchasing of goods in the Online Store requires that you accept the Arc'teryx privacy policy and the processing of personal data as described in the Arc'teryx privacy policy, as defined in the following link: Privacy Policy

OUR LIABILITY

These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

GENERAL

If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

CONTACT DETAILS

Arc'teryx customer service will assist you with any questions. You can contact us by phone 1800 651 872 Monday through Friday 9am to 5pm EST.

GOVERNING LAW

These Sales Terms shall be governed and construed in accordance with laws of the Australia.

Mobile Terms of Service and Privacy Collection Statement 

The Arc'teryx mobile message service (the "Service") is operated by Arc'teryx (“Arc'teryx”, “we”, or “us”) a division of Amer Sports Australia Pty Ltd. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. 

By consenting to Arc'teryx’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Arc'teryx through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Arc'teryx. Your participation in this program is completely voluntary. 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. 

You may opt-out of the Service at any time. Text the single keyword command STOP to +18557961249 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Arc'teryx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. 

For Service support or assistance, text HELP to +18557961249 or contact us here: https://arcteryx.com.au/pages/contact-us. 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. 

We respect your right to privacy. Personal information that we collect from you in connection with the Service will be used by Arc’teryx for the purposes of direct marketing, email/ sms marketing services, product information releases, product promotions and to generate marketing insights. If you do not provide your personal information, we will not be able to include you in these direct marketing approaches.  Your personal information will not be accessed by anyone other than Arc’teryx and service providers to Arc’teryx eg audit and information technology service providers.  Your personal information is not likely to be disclosed to any overseas recipients. 

 

To see how you may access your personal information, seek the correction of that information, complain about a breach of the Australian Privacy Principles and how complaints are handled, please see our Privacy Policy. 

 

If you would like any further information about our privacy policies or practices, you may contact us:  

• Privacy Manager, Amer Sports Australia Pty Ltd, 9 Chifley Drive Moorabbin Airport, Vic 3194 
• Phone: 1800 271 107 
• Email: arcteryx.au@amersports.com