Terms of Sale

  1. INTRODUCTION
    1. The Terms of Sale are the agreement we make with you if you purchase any of our products through our Site (as defined below).
    2. They are legally binding, so we strongly suggest you read them carefully before making your purchase.
    3. We will ask you before you place your order to check a box confirming that you have read these Terms of Sale and our Privacy Policy and that you agree to be bound by them
  2. INFORMATION ABOUT US
    1. www.themountain.co.uk is a site operated by Mountain Retail, LLC (“We”), a limited liability company formed in the State of New Hampshire and trading as The Mountain with a principal office address at 59 Optical Avenue, Keene, NH 03431 United States of America.
  3. YOUR INFORMATION
    1. These Terms of Sale refer to our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, and giving your consent when required, you agree to such processing and you warrant that all data provided by you is accurate.
  4. OUR CONTRACT WITH YOU
    1. How we will confirm your order. Our confirmation of your order will take place when we email you
    2. If we cannot confirm your order. If we are unable to confirm your order, we will promptly inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we are unable to meet a delivery deadline you specified.
    3. Your order number. We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
  5. OUR PRODUCTS
    1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  6. YOUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the product you have ordered please contact us at help@themountain.co.uk. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  7. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the products. We may change the product:
      (a) to reflect changes in relevant laws and regulatory requirements; and
      (b) to implement minor technical adjustments and improvements, for example to address safety concerns.
    2. More significant changes to the products and these terms. In addition, we may make changes to these terms or the product for the following reasons:
      (a) for technical reasons, such as in case of modifications to the products which also require reasonable modifications to these Terms of Sale; or
      (b) for commercial and strategic reasons.
      If we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
  8. PROVIDING THE PRODUCTS
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
    2. When we will provide the products. We will deliver the products to you within 30 days after the day on which we confirm your order.
    3. Where delays to your order occur. If our supply of the product is delayed then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
    4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and after expiry of a reasonable grace period set by us we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract after the expiry of a reasonable grace period set by us and clause 12 will apply.
    6. When you own goods. You own a product which is goods once we have received payment in full.
  9. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. 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, for example, if you discussed it with us during the sales process.
    2. We are not liable for business losses. We only supply the products and access to the Site for domestic and private use. If you use the products or the Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. Nothing in these Terms of Sale excludes or limits our liability to you in the case of our fraud or gross negligence or for personal injury or death caused by our negligence.
  10. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13
      (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
      (c) If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of return of any goods; and
      (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.7.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
      clause 7.2);
      (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
      (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
      (e) you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under EU law, are explained in more detail in these terms
    4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Mountain Retail, LLC of 59 Optical Avenue, Keene, NH 03431 United States of America to its UK customers, which is more generous than your legal rights under EU law in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 13.2):
      Right under EU law How our goodwill guarantee is more generous
      14 day period to change your mind 60 day period to change your mind
    5. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
    6. How long do I have to change my mind? You have 60 days from the day that you receive the products to change your mind.
    7. Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 10.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
  11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      (a) Email. Email us at help@themountain.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      (b) Online. Complete the Cancellation Form on our website. In this case, the acknowledgement of receipt of your cancellation request will be sent to you by email without delay.
    2. Returning the products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please email Something Different, our Customer Services provider, at admin@somdiff.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      (a) if the products are faulty or misdescribed; or
      (b) where you have a legal right to end the contract as a result of something we have done wrong.
      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
    5. How we will refund you. We will refund you the price you paid for the products including delivery costs without undue delay and in any event no later than 14 days from the day on which we receive the returned goods or from the date we receive proof of postage of the returned goods, whichever is earlier. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. We may make deductions from the price, as described below. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
    6. 11.6 Deductions from refunds. If you are exercising your right to change your mind:
      (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. This includes the removal of manufacturer’s tags a product and wear and tear where the product has not just been checked but used. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
    7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
      (a) If the products are goods and we have not offered to collect them, your refund will be within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
      (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  12. OUR RIGHT TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      (a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, clothing size; or
      (b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
  13. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at help@themountain.co.uk.
    2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us. We will pay the costs of postage. Please email Something Different, our customer services provider, at admin@somdiff.com for a return label.
  14. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct..
    2. When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must pay for products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
    3. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
  15. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we will use your personal information. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so or where doing so is in accordance with our Privacy Policy.
  16. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If we transfer this agreement, we will notify customers who have ordered products from us, and such customers shall have an immediate right to terminate this agreement. If we do ever transfer this agreement, we will tell you how to tell us about termination.
    2. You usually need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer and you have purchased a product as a gift, you may transfer the rights set out at clause 10.4to the recipient of the gift without needing to ask our consent.
    3. Nobody else has any rights under this contract (except as set out at clause 16.2). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the applicable law of the country of which you are a resident and you can bring legal proceedings in respect of the products in the courts of that jurisdiction.