Terms of Website

  1. INTRODUCTION
    1. Our website (our "Site" or "Sites") is made available to you in accordance with the Terms of Website Use whether as a guest or a registered user. If you make a purchase on our Site, then that purchase is governed by the Terms of Sale.
    2. Please read the Terms of Website Use carefully before you start to use our Site. We recommend that you print a copy of these Terms of Website Use for future reference.
    3. The Terms of Website Use tell you who we are, how you may use the Site, what to do if there is a problem and other important information.
    4. These Terms of Website Use refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By giving your consent when required, you agree to such processing and you warrant that all data provided by you is accurate.
    5. By using our Site, you confirm that you accept these Terms of Website Use and that you agree to comply with them. If you do not agree to these Terms of Website Use, you must not use our Site. Nothing in these Terms of Website Use will affect your rights as a consumer under national mandatory law.
  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. The details our managers can be found on our website List of Managers.
  3. ACCESSING OUR SITE
    1. Our Site is made available free of charge.
    2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
    3. We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use our Site only with the involvement of a parent or guardian.
    4. You are responsible for making all arrangements necessary for you to have access to our Site.
    5. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Website Use and other applicable terms and conditions, and that they comply with them.
  4. YOUR ACCOUNT AND PASSWORD
    1. When ordering any products through our Site you will be asked to complete a registration process. Information you provide on our Site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. The information that you submit with be dealt with in accordance with our Privacy Policy
    2. To access your stored data on our Site, you will need to input your account and password details. You are responsible for keeping those details confidential. If you have concerns about your account details or password know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@themountain.co.uk.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and if you are a business user you may draw the attention of others within your organisation to content posted on our Site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these Terms of Website Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  6. VIRUSES
    1. We do not guarantee that our Site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
    3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or, if you are not accessing our Site from within the UK the comparable legislation in the relevant jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them to the extent permitted by law. In the event of such a breach, your right to use our Site will cease immediately.
  7. LINKING TO OUR SITE
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to our Site in any website that is not owned by you
    4. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
    5. We reserve the right to withdraw linking permission without notice
    6. If you wish to make any use of content on our Site other than that set out above, please contact us at help@themountain.co.uk.
  8. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and we neither make any representations or warranties about nor accept any liability for the content of any such sites (subject to Clause 9.3).
    2. We have no control over the contents of those sites or resources.
  9. LIABILITY
    1. Our liability for products which you may purchase through our Site is subject to our Terms of Sale. We have taken every care in the preparation of the content on our Site. If we become aware of any inaccuracies in the content on our Site we will attempt to correct this as soon as we reasonably can.
    2. We will not be liable to you or any other person for any loss or damage which may arise from your misuse of our Site, including without limitation:
      (a) loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data;
      (b) additional and/or unexpected expenditure and/or costs (including without limitation legal costs);
      (c) loss or damage, which arises from your misuse of the Site or any of the information or materials made available to you via the Site; and/or
      (d) other loss or damage which does not result directly from our actions or the actions of our associate companies, agents and other suppliers.
    3. Nothing in these Terms of Website Use excludes or limits our liability in case of fraud, fraudulent misrepresentation or gross negligence, for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by English law or by applicable national mandatory law
  10. NO RELIANCE ON INFORMATION
    1. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
    2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date
  11. VARIATIONS
    1. We may revise these Terms of Website Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make
    2. We may revise these Terms of Website Use if (but not limited to):
      (a) there is a change in law;
      (b) we are required to change them by a national court or regulator;
      (c) we change the way in which you access our Site or buy our products;
      (d) we change the services we offer on our Site
  12. SEVERABILITY
    1. If any of these Terms of Website Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
  13. LAWS AND JURISDICTION
    1. 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.
  14. CHANGES TO OUR TERMS OF USE
    1. Any changes we make to our Terms of Website Use in future will be posted on this page. These Terms of Website Use were last updated on February 2, 2016.