Disclaimer - Mountain Designs

Liability

The information provided on www.mountaindesigns.com and www.clearancemountaindesigns.com has been compiled for your convenience. We make no warranties about the reliability, accuracy or completeness of any information contained on the websites, with the exception for responsibilities implied by law. Mountain Designs cannot guarantee your access and use of the website will be uninterrupted or error free.

Further, Mountain Designs is not responsible for any other sites you may access via these sites. Any links provided to other sites are for convenience only and Mountain Designs will not be responsible for any loss, damage, cost or expense incurred by you in accessing such other sites.

Copyright

The information and material contained on www.mountaindesigns.com and www.clearancemountaindesigns.com is subject to copyright which is owned by Mountain Designs. For non-commercial purposes only, you may download a single copy of this site and where necessary for its use as a reference, make a single hard copy. Except as provided by the Copyright Act 1968 as amended or any other applicable laws, no part of this site may otherwise be copied, reproduced, adapted or transmitted in any form by any process without the written consent of Mountain Designs.

Privacy of Information

Mountain Designs treats any personal contact details collected as a result of enquiries, Alliance Club sign up etc. in the strictest confidence. Details are not added to our customer database without your consent. Customer details are only entered into our database upon joining the Alliance Program. The Alliance Program database does not get sold or passed onto any other party, except for contracted suppliers responsible for processing Mountain Designs mail-outs. This is a one-off usage and the database is not retained by the supplier. We never make your e-mail address available to any other company or organisation without your permission. If you supply us with your postal address, email address, or mobile number you may receive periodic mailings from Mountain Designs with information on new products and services or upcoming events. If you do not wish to receive such mailings, please update your details on our website by clicking on the 'Alliance Club' tab and proceeding to 'Update Your Details'. Alternatively you can let us know by sending an e-mail to enquiries@mountaindesigns.com.

Accuracy of Information Contained on www.mountaindesigns.com and www.clearancemountaindesigns.com

Mountain Designs endeavours to ensure that all information on www.mountaindesigns.com and www.clearancemountaindesigns.com is correct. Prices and colours are subject to change and all products are subject to availability. Styling variations may occur from time to time as a result of seasonal range improvements.

If a product is purchased online and is not available for immediate shipping, we will contact the purchaser as soon as possible.

Links

No links are to be made to this site without prior written application to, and written consent from Mountain Designs. All link requests are to be made to the Marketing Manager, Mountain Designs. Mountain Designs accepts no liability or responsibility for the content of sites that are not controlled by Mountain Designs.

Cookies

Cookies are pieces of data your web browser stores on your hard drive. We use cookies so we can recognize your session while online. Most browsers accept cookies. However, if you wish, you can usually set them to refuse cookies. If you set your browser to refuse cookies, you will not be able to submit an order online. Mountain Designs does not use cookies to gather any personal information.

Payment

Mountain Designs accept payment by Visa Card and MasterCard. Mountain Designs may contact the card holder directly using the phone number provided during the 'Checkout Procedure' to verify payment and delivery details. Mountain Designs will hold products until payment has been authorised and accepted. Delivery of goods will not be confirmed until payment has been received.

Alliance Club Terms and Conditions

Discounts apply to full-priced items and are not available in conjunction with other offers, unless otherwise stipulated.

Discounts are not given on the purchase of gift vouchers.

Membership is not transferrable and is only available for individuals. For enquiries relating to corporate/group discounts please contact us at enquiries@mountaindesigns.com

In order to receive Member rewards (including discounts), Members are required to present their card at point of sale. If a Member does not have their card, then they may identify themselves by providing personal information to the Mountain Designs Team Member along with photo ID.

Members are responsible for ensuring their personal details are accurate at all times, this includes a valid email address. Members can update their details at www.mountaindesigns.com by clicking on the Alliance Club tab on the homepage.

Mountain Designs reserves the right to change, suspend or terminate the Terms and Conditions, the Alliance Club loyalty program or your Membership at any time, subject to prior notice through email notification. Mountain Designs will make every effort to ensure that amendments are communicated through email and in store with a reasonable amount of notice.

Failure to comply with terms and conditions may result in the termination of your membership.

Mountain Designs treats any personal contact details collected as a result of signing up in the strictest confidence. Mountain Designs does not sell or lease your information to non-affiliated companies or entities, except for contracted suppliers responsible for processing Mountain Designs mail-outs. This is a one-off usage and the database is not retained by the supplier. Members are able to opt out of receiving mailings by unsubscribing at www.mountaindesigns.com.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Information for further information.

In order to contract with Mountain Designs you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Mountain Designs retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts for under 18's.

1. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card and the goods have been shipped to you.

2. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

Mountain Designs App

The Mountain Designs ios App is provided as a free download from the Apple iTunes store. The app and any or all of its contents are subject to copyright and cannot be reproduced, sold, or distributed by any party without the express written consent of Mountain Designs. While Mountain Designs strive to keep the content provided within the app as accurate and up to date as possible, Mountain Designs makes no claims or guarantees about the accuracy, completeness, or adequacy of the information. Mountain Designs expressly disclaims liability for errors or omissions found within or relating to the app.

Gear Lists are provided as a guide only and users should consider their destination, climate, personal circumstances, health and other when using this tool. Mountain Designs will not be hold responsible for any personal effects arising from the use of our gear lists.

Gift Cards and e-Gift Cards

The Gift Card Terms and Conditions set out all the conditions applicable to the use of our Gift Cards and eGift Cards. You will need to familiarise yourself with the Terms and Conditions before you place an order.

1. Accepting the Gift Card and/or eGift Card and agreeing to these Terms and Conditions:

1.1. By purchasing, redeeming or attempting to redeem a Gift Card and/or eGift Card, you:

1.1.1.accept and agree to be bound by these Terms and Conditions; and

1.1.2.acknowledge that you have read and understood our Privacy Policy

2. Transactions made using the Gift Card and/or eGift Card:

2.1. How and where you can use the Gift Card and/or eGift Card:

2.1.1.AUSTRALIAN GIFT CARDS – Gift Cards issued in Australia, and containing the 'Australian' map, can be redeemed in any Mountain Designs store in Australia. They can also be used to make online purchases at www.mountaindesigns.com and www.clearancemountaindesigns.com.

2.1.2.GIFT CARDS PURCHASED ONLINE – Gift Cards purchased online at www.mountaindesigns.com are Australian Gift Cards, and all conditions remain the same.

2.1.3.E-GIFT CARDS – eGift Cards purchased online at www.mountaindesigns.com are purchased in Australian dollars and can redeemed in any Mountain Designs store in Australia or online at www.mountaindesigns.com and www.clearancemountaindesigns.com.

2.1.4.When making an in-store purchase, the operator will request the Gift Card and/or eGift Card to be scanned and ask for the 4 digit PIN.

2.1.5.When making an online purchase, instructions will be provided on our website for the Gift Card and/or eGift Card number and the PIN to be entered to complete the purchase. The transaction will be completed when the balance has reduced on the Gift Card and/or eGift Card. No change will be given - any remaining balance on the Gift Card and/or eGift Card (“Remaining Card Value") can only be used in whole or part against future purchases subject to these Terms and Conditions.

2.1.6.When making a purchase online, you cannot use the Gift Card and/or eGift Card again online until the previous order you placed with the card has been finalised. You will receive an email confirmation when it is finalised.

3. You acknowledge that the Gift Card and/or eGift Card may not be used:

3.1. to pay a store or credit account;

3.2. for purchases by email, phone or fax.

3.3. to purchase another Gift Card or eGift Card

4. The Gift Cards that are purchased directly from www.mountaindesigns.com will be pre-loaded and activated prior to being sent to the recipient.

5. Your Gift Card and/or eGift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

6. You cannot obtain any cash advance with your Gift Card and/or eGift Card or redeem your Gift Card and/or eGift Card for cash.

7. Validity and expiry of Gift Cards and/or eGift Cards:

7.1. Your Gift Card will be valid for use 12 months from the date of issue on your Gift Card. Any balance that remains on a Gift Card will not be available for use after the card's expiry date.

7.2. Your eGift Card will be valid for 12 months and will expire on the date printed on your eGift Card.

7.3. To check the expiry date and balance of your Gift Card go to www.mountaindesigns.com/giftcards. You will be required to enter both the Gift Card serial number and Access PIN on the designated page of our website prior to getting access to the card information.

8. Re-issue of faulty or damaged Gift Cards and eGift Cards

8.1. The Gift Cards shall not be replaced by Mountain Designs unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Mountain Designs or its employees.

9. Destruction of Gift Card with no value: Once the Remaining Card Value is completely used, please destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.

10. Lost or stolen Gift Cards:

10.1.Please treat your Gift Card and/or eGift Card like cash. Lost or stolen cards will not be replaced or refunded.

10.2.You cannot exchange your Gift Card and/or eGift Card for another Gift Card and/or eGift Card or for another tender, cash or discount.

11. Your Gift Card and/or eGift Card, your responsibility: You are responsible for the use and safety of your Gift Card and/or eGift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.

12. Errors and complaints: If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 07 3114 4300

13. eGift Cards

13.1.Purchasing an eGift Card

13.1.1. The maximum value that can be loaded to any one eGift Card is $2000. The minimum value that can be loaded to any one eGift Card is $20.

13.1.2. eGift Cards cannot be reloaded, resold or redeemed for cash. Unused value on an eGift cannot be transferred to another eGift Card or other card. You may not use an eGift Card to purchase other eGift Cards.

13.1.3. You may not return or cancel an eGift Card once purchased.

13.1.4. We will not accept liability if the recipient is unable to redeem an eGift Card within the validity period, or the goods or services provided in exchange for the eGift Card are not to the purchaser's or eGift recipient's satisfaction.

13.1.5. We will not be liable for any lost or stolen eGift Cards, damaged goods or unsatisfactory service received in redemption for an eGift Card. We may agree to replace an eGift Card if you can provide proof of purchase and the eGift Card has not been redeemed.

13.1.6. You are solely responsible for the accuracy of any data provided by you including the address and other details of your nominated eGift Card recipient.

13.2.Payment

13.2.1. You may pay for an eGift Card using any of the methods made available on the Website. We may refuse to process payment or delay processing payment for any time without providing a reason. We will endeavour to keep you informed in the event we do not process or delay processing your payment but to the fullest extent permitted by law we will have no liability to you for any failure to do so.

13.3.Delivery of eGift Cards

13.3.1. We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter the correct email address for the recipient. Should an email be returned to us due to you providing an incorrect email address, we will attempt to contact you.

13.3.2. The recipient will receive an email from giftcards@mountaindesigns.com with an attachment containing the email eGift Card within 3 business days from purchase. The email eGift Card will include the eGift Card value and validity period, information on how to use the email eGift Card as well as terms and conditions of use.

13.3.3. If you have provided the correct email address for the recipient but the eGift Card has not been delivered the most common reasons for non-delivery are: spam filter blocking email delivery; recipient's firewall blocking email delivery or the recipient's email inbox is over its size limit. If a spam filter is blocking delivery, the recipient's email options should be modified so that an email from giftcards@mountaindesigns.com is not considered spam.

14. Changes to these Terms of Service - We reserve the right to change these Terms of Service at any time.

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