This website, and its associated service, (“the Website”) is owned and operated by Sea to Summit Pty Ltd (ABN 15 053 533 921) ("Sea to Summit") as the exclusive Australian distributor of Black Diamond products. Your access to and use of the website is governed by the following terms and conditions:
1.2 From time to time, Sea to Summit may vary the terms and conditions of the Website. Such variations may, for example, be made to keep them in line with updates to its business, to comply with legislative changes of for security or technical reasons. Your continued use of the Website after such variations come into effect is deemed acceptance of the variations.
2.1 Sea to Summit endeavours to provide you with current and accurate information regarding all Black Diamond products. However, we cannot guarantee the accuracy, completeness or currency of any information provided on this Website. You should therefore consider the information provided “as is” and without warranty (express or implied).
2.2 Sea to Summit reserves the right to withdraw any Black Diamond product from sale at any time or to refrain from offering one or more Black Diamond products for sale through this Website.
2.3 Product images are for illustrative purposes only. Due to the nature of colour and light, colour shades may vary from what appears on your monitor’s screen.
2.4 Unless the context reasonably suggests otherwise, Sea to Summit makes no warranties that any Black Diamond product offered for sale through this Website, or the information provided (which includes links to third parties), through the Website is suitable for your intended purposes.
2.5 You understand that Black Diamond may change the specifications of any of its products at any time and thus any Black Diamond product purchased through the Website may differ from the Product as described and shown on this Website.
3.1 Sea to Summit will assign you with a log-on name and password which will allow you access to certain functionality of the Website, including the ability to purchase Black Diamond products and to update your account information.
3.2 You must ensure you keep your account log-on information confidential. You agree to immediately change your password if you believe it is lost, stolen or otherwise compromised.
3.3 Sea to Summit does not take responsibility for any loss, liability, claim, demand, damages, costs and/or expenses arising out of or in connection with use of your log-on and password by you or any other person.
4.1 The purchase of any Product by way of this Website is done solely under the terms and conditions of this Website. Any prior terms and conditions agreed between Sea to Summit and you are superseded, which includes the terms or conditions attached to any purchase order.
4.2 Your placement of an order for any Product through this Website only constitutes an offer to purchase the Product(s) from Sea to Summit. Sea to Summit will provide the written confirmation of its acceptance of the order. Sea to Summit may require additional verifications or information before accepting any order from you.
4.3 Sea to Summit will not accept any order for Product(s) placed by any person who resides outside of Australia, seeks to have the Product(s) delivered to an address outside of Australia, or who they reasonably believe may seek to resell the Product(s) in commercial quantities in another country.
4.4 Sea to Summit reserves the right to refuse or cancel an order at any time without giving reason and without penalty. Where an order is refused or cancelled, we will endeavour to contact you using the information you have provided, and any received payment will be refunded using the same payment method.
5.1 Delivery will, to the extent possible, be made in accordance with the information set out in our Shipping page. The delivery times provided by Sea to Summit are estimates only. Sea to Summit will not be liable for loss or damage caused by delivery other than on the estimated date or for any other delivery related matter outside of its control.
5.2 In the event that multiple items are ordered, part deliveries may be made where stock is not available.
6.1 Some Black Diamond products are covered by a change of mind guarantee Returns Policy. Details of the Returns Policy can be found on our website at our Returns Policy page. Any return should be made in accordance with the procedure and guidelines set out on the Returns Policy page.
6.2 Please note that certain Products that are excluded from the change of mind guarantee. These excluded Products are outlined on the Returns Policy page.
7.1 Details of each Product’s warranty can be found on, or in with, the packaging and on our website at our warranty page. Any warranty claim should be made in accordance with the procedure and guidelines set out on the Warranty Policy page.
8.1 In posting a review to the Website, you agree that the information contained therein is not confidential or proprietary to any person.
8.2 In posting a review to the Website, you grant Sea to Summit a non-exclusive, royalty-free right and license to use, copy, distribute and disclose to third parties the review (or the information contained therein) for any purpose, in any medium worldwide. This includes use in advertising or promotional material anywhere in the world without financial compensation being paid to you.
8.3 Only genuine reviews of Black Diamond products will be allowed to remain posted to the Website. A review will be considered genuine if:
(a) Sea to Summit has evidence (either internally or provided by the reviewer), that the reviewed product was purchased by them through the Website;
(b) the review is not defamatory, offensive in relation to any product, service, person or corporation or adversely reflects on any product service person or corporation.
(c) it infringes the legal rights of any other person, including intellectual property rights;
(d) it is misleading or deceptive or likely to mislead or deceive in any way, including by omission of information; AND/OR
(e) Sea to Summit reasonably believes the operation of the Website may be jeopardised by the review, or there is a real risk of loss or damage of any kind to Sea to Summit or another resulting from the review.
8.4 Sea to Summit undertakes not to exercise its rights under paragraph 8.3 (b) above in any manner that restricts a review that is civil or constructively criticizes a Black Diamond product or Sea to Summit’s services in relation to same.
8.5 You agree not to make any comment, in a forum or other aspect of the Website (including associated Facebook™ page, Instagram™ and Twitter™ feeds of Sea to Summit or our Distributed Brands), that may be considered blasphemous, defamatory, harassing or otherwise contrary to law or public morality.
9.1 From time to time we may contact you about offers and new products that Sea to Summit distributes in Australia. You can stop such communications at any time by managing your settings in My Account or by contacting our Customer Service team at firstname.lastname@example.org
10.1 The Website may contain links to other websites or apps which are owned and operated by third parties and which are not maintained or controlled by Sea to Summit or its related companies ("Third Party Sites/Apps"). These links are provided as a convenience to you and Sea to Summit does not recommend or imply any endorsement of the linked site or app.
10.2 The material and subject matter of any Third Party Sites/Apps is provided to you in accordance with the Terms and Conditions, if any, of the owner of the Third Party Sites/Apps and not under these Terms and Conditions. Accordingly, your access of Third Party Sites/Apps through this App is done so at your own risk.
11.1 Sea to Summit may suspend, limit or terminate your access to the Website, at its discretion, in the following circumstances:
b) Sea to Summit reasonably believes the operation of the Website may be jeopardised or there is real risk of loss or damage of any kind to Sea to Summit, our Distributed Brands or another person;
c) Sea to Summit is legally required to suspend, limit or terminate your access to the Website or it becomes illegal to provide you with access to the Website; OR
d) there are other reasonable grounds for Sea to Summit to do so.
12.1 You warrant to Sea to Summit that any account that you set up is either an account for you personally, or you have express authority from the person named as owner of the account to set up the account on their behalf.
12.2 It is your responsibility to ensure that the information you provide us is correct and current and to notify Sea to Summit of any changes to your personal details.
13.1 Sea to Summit will take down the Website from time to time to perform maintenance (including urgent, scheduled and unscheduled maintenance). Where the site is to be taken down for scheduled maintenance, Sea to Summit will endeavour to schedule the maintenance for times that will have minimal interruption to most visitors. You accept and understand that at times the Site may need to be taken down for urgent, unscheduled maintenance.
13.2 Sea to Summit assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the Website being offline or otherwise unavailable.
14.1 Except as permitted under the Copyright Act 1968 (Cth), or as permitted in writing by an authorised officer of Sea to Summit, no part of this website may be reproduced or re-used in any form, including electronic, or for any purpose whatsoever.
14.2 You are not permitted to employ any agent, program or other means to data mine or conduct an automated search of the Website or the information provided through it.
14.3 All trademarks are the property of their respective owners. The Sea to Summit word mark and Mountain device mark are the property of Sea to Summit. The Black Diamond word mark and Diamond device mark are the property of Black Diamond Equipment. Any reproduction or use of the trade marks by you must be with the permission of the respective owner.
14.4 If you believe that Sea to Summit is breaching your intellectual property rights in any manner, please send a notice setting out the details of your rights and how Sea to Summit is breaching those rights to email@example.com. Sea to Summit will then take appropriate action to correct any valid claim of infringement.
15.1 Where possible, Sea to Summit relies on the protection provided under Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations (Cth) which limit the remedies that can be imposed on carriage service providers for infringements of copyright involved in specific online activities. This is commonly referred to as the “Safe Harbour Scheme”. Under the provisions of the Safe Harbour Scheme, Sea to Summit has appointed a notifications officer firstname.lastname@example.org as authorised to receive notifications and notices issued under the Scheme in relation to such activities as Sea to Summit carries out as a carriage service provider.
16.1 You agree to indemnify and hold Sea to Summit, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with:
b) any wilful, unlawful or negligent act or omission by you; AND
c) the publication by Sea to Summit of any review you may make of a Black Diamond product.
17.1 Sea to Summit represents and warrants that it will take reasonable care in ensuring that all information provided is accurate.
17.1 Sea to Summit does not warrant or represent that:
a) access to the Website will be continuous and uninterrupted;
b) the Website will be secure and free from external intruders (hackers), viruses, trojans, infections, worm attacks, or any other form or unauthorised access by any person or program; OR
c) the Website complies with the laws of any country other than Australia or any Australian state other than Western Australia.
18.1 To the maximum extent permitted by law in Australia, Sea to Summit excludes all liability (including for negligence) to you or anyone else in respect of whom loss or damage (including special, or consequential loss or damage which shall include loss of revenue, site unavailability or unavailability of other computer systems or loss of data) arising from or in connection with any use of the Website or the information contained therein. For the avoidance of doubt, this also excludes, wherever and to the maximum extent possible, any warranties implied by statute or otherwise that relate to this Website or your use of this Website.
18.2 Please note that under the guarantees that cannot be excluded under the Australian Consumer Law, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage within a reasonable time frame from purchase. You are also entitled to have the goods repaired or replaced at our choice if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerlaw.gov.au.
19.1 If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out while other provisions which are self-sustaining and capable of separate enforcement to the invalid provision(s), are and continue to be valid and enforceable in accordance with their terms.
20.1 Clauses 3.1, 3.3, 3.4, 4, 5, 7, 8, 9, 10, 12 and 13 survive termination of these terms and conditions.
21.1 You agree that your compliance with these terms does not constitute any partnership or other commercial arrangement between you and Sea to Summit.
22.1 The failure, or delay on the part of Sea to Summit in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.
23.1 These terms and conditions are governed by the laws of the state of Western Australia and, where applicable, the Commonwealth of Australia. You agree to submit to, and not challenge, the exclusive jurisdiction of the courts of the state of Western Australia.