General Terms and Conditions

for YETI UK Limited online orders

 

March 2021

 

1. Scope of application, conclusion of a purchase agreement

 

1.1 These General Terms and Conditions ("General Terms and Conditions") apply to all our products and all agreements between you and YETI. Please read through these terms before you order any our products. These General Terms and Conditions will tell you who we are, how we will provide products to you, when and how to return products and other important information. You should understand that by ordering any of our Products, you agree to be bound by these General Terms and Conditions. Our Privacy Notice and Cookies Policy will apply when you use this website.

 

1.2 We are YETI UK Limited, a limited company registered in England and Wales under company number 11857753 with its registered office at YETI UK Ltd 100 New Bridge Street, London, England, EC4V 6JA] (“YETI”, "we," "us," or "our"). You can contact us by writing to us at help@yetieuropecustomerservices.com or YETI UK Ltd 100 New Bridge Street, London, England, EC4V 6JA.

 

1.3 The products displayed on our Website constitute a non-binding product catalogue. Our product offerings on the Website are non-binding and do not constitute an offer to conclude a purchase agreement.

By placing an order via the Website, you make a binding offer to purchase the relevant products and, thus, to conclude a purchase agreement ("Agreement").

To place an order, you may, as a first step, put our products into your shopping basket in a non-binding manner and then correct your entries at any time by adjusting your cart before placing your binding order. In the basket itself, you can change the quantity of a product or delete a product from your basket at any time. Next, you are required to enter all of the data that is relevant to the processing of your order (first and last name, invoice and delivery address, selection of a payment method and payment details, e-mail address, shipping details). During the order process, we provide you with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help you to recognise any errors you have possibly made in your entries. Your order data is then summarised once again for your final check. By clicking on the "Order and pay" button, you place a binding order for the products in your basket. By clicking on the “Order and pay” button and placing a binding order you accept these General Terms and Conditions and the Privacy Policy.

Receipt of the order will be confirmed by us via e-mail to you ("Receipt Confirmation") without undue delay. The Receipt Confirmation does not yet constitute the acceptance of your order unless it expressly declares such an acceptance; in this case, the Agreement shall be deemed to have been concluded as a result of the acceptance. In all other cases, an Agreement is deemed to have been

concluded at the time at which the products you have ordered are dispatched as stated in Clauses 4.1 and 4.2 and you receive a further separate e-mail from us informing you of the dispatch ("Dispatch Confirmation"). The Dispatch Confirmation will also contain all details of the Agreement (including the details of the order and these General Terms and Conditions as well as the Privacy Policy).

We reserve the right in our sole discretion not to accept your order. If the Receipt Confirmation does not expressly declare an acceptance of your order and your products are not dispatched within five working days from receipt of the Receipt Confirmation, your offer to conclude an Agreement shall be deemed to have been rejected.

 

If you have selected PayPal or Apple Pay as your payment method as stated in Clause 3.2, the Agreement shall be deemed to have been concluded at the time you confirm the payment instruction to PayPal or Apple Pay.

 

1.3 The language available for the conclusion of an Agreement is English.

 

The respective language of an Agreement shall depend on the language in which the Website, where you purchase our products, is designed.

 

1.4 You can place your order as a guest via Express Checkout without registering. You may also register on our Website as stated below in Clause 2 when you place your order and create a customer account ("Customer Account"). If you create a Customer Account when you place your order, the details of your order and the Agreement will be stored therein; you can then review the details in your Customer Account. We will also send to you the order details and these General Terms and Conditions with the Dispatch Confirmation as stated in Clause 1.2 para. 4. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.

 

1.5 You are entitled to cancel your order in accordance with the instructions on cancellation pursuant to Clause 8.2.

 

1.6 If you wish to amend or cancel your order immediately after having clicked “Order and pay” then please call our customer service team who will do their best to help. You can reach them under +44 808 1697080. Your statutory cancellation rights remain unaffected.

 

2. Registration, customer account and data protection

 

2.1 In order to register with us and create an online account on our Website, you have to complete the mandatory fields in the registration form correctly and in full. The registration is successfully completed if it has been confirmed by us with a corresponding confirmation e-mail.

 

2.2 Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, then you shall inform us immediately and change your login details. You are also responsible for reviewing the data provided by you for each new order. It is your

responsibility to update this information if and when it changes.

 

2.3 Further information on the handling of your personal data is set out in our Privacy Policy and Cookies Policy.

 

3. Terms and conditions of payment, shipping costs, return shipping costs

 

3.1 All prices for products displayed on the Website include VAT but exclude costs of delivery if applicable. All transactions are processed in Euro.

 

3.2 The following payment methods are available:

 

- Credit / debit card (MasterCard, VISA, American Express): Your debit / credit card will be charged upon acceptance of your order according to Clause 1.2 para. 4.

 

- Apple Pay: When you add Apple Pay as a payment method, you'll need to verify your account in the Apple Pay App or on the website.

 

- PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.

 

- Gift Cards: In order to redeem your e-gift card, add the e-gift card number emailed to you after purchase into the gift code box on the checkout, this will automatically deduct the entire amount of your e-gift card from your order total. You can use another payment method to pay for the rest of your order, if your e-gift card does not cover the entire order amount. You are unable to apply just a portion of your e-gift card amount to an order. To find out the balance of your e-gift card please contact us and we will be more than happy to help. If you are using an e-gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.

 

3.3 All debit and credit card payments are subject to validation and authorization by the relevant card issuer. If for any reason the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery to you. We will at all times ensure that our website is as secure as possible. In addition, we will take all reasonable care to protect the details of your order and payment. However, except in the case of proven negligence on our part, we will not be liable for any losses you incur if a third party gains unauthorized access to your personal information on our Website.

 

3.4 For each binding order you place via the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to the Receipt Confirmation as stated in Clause 1.2 para. 4 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation as stated in Clause 1.2 para. 4.

 

3.5 In the event of default in payment, we are entitled to our statutory rights.

 

3.6 All prices for products displayed on the Website do not include shipping costs as well

as import duties, taxes and other similar charges. These will be charged over and above the specified product prices unless otherwise expressly agreed.

 

The shipping costs will be automatically specified in your basket and displayed in the summary of the order data as stated in Clause 1.2 para. 3. These costs will also be included in the invoice as stated in Clause 3.4.

 

You are not required to pay the shipping costs for the delivery in the event that you validly cancel your order in accordance with Clause 1.5.

 

4 Terms and conditions of dispatch and delivery

 

4.1 Any date of dispatch communicated by us shall be approximate and may deviate by two working days unless an exact date has been expressly agreed.

 

4.2 The date of dispatch shall be the date on which the products purchased by you are handed over to a transport person delivering the products.

 

4.3 The products can be delivered to addresses within Ireland.

 

4.4 The product availability can generally be seen in the product description. Products shall use reasonable efforts to be delivered 3 - 7 working day unless no or a deviating delivery period is indicated with regard to the respective product on our Website or update confirmation.

 

In the event that a product you have ordered via our Website is (temporarily) unavailable when you are placing the order, we will inform you within a reasonable time period about the non-availability. In case a product is permanently unavailable, we will refrain from accepting your order. An Agreement will not be concluded in this case.

 

In the event an Agreement is concluded and our supplier fails to make a delivery relevant for the delivery of a product ordered by you, then any applicable period for delivery according to this Clause 4.4 shall be deemed to have been extended until three working days after the respective delivery is made by our supplier but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply is not based on our fault or negligence and we have made a corresponding order from the supplier without undue delay.

 

If a product is permanently unavailable or cannot be timely delivered as stated in Clause 4.4 para. 3, we will inform you as soon as possible. In the event a product is unavailable and the delivery cannot be assured by the delivery from our supplier within the foreseeable future, we shall be entitled to withdraw from the Agreement. In such case, we will reimburse you all the payments you have made with respect to the order, if any. Your rights in connection with the default in delivery shall remain unaffected by this provision 4.4 para. 4.

 

We are entitled to deliver products you have collectively ordered in partial deliveries, provided that the products can be used separately. We will be responsible for any additional shipping costs caused thereby.

 

5 Retention of title

 

We retain title to the products delivered to you until the payment for them has been made in full.

 

You are not entitled to resell any products delivered to you which are subject to the retention of title as stated in this Clause 5 unless we have granted prior written consent to such resell.

 

6 Liability for defects

 

6.1 In the event of defects in the products, the statutory provisions shall apply. The period of limitation for all claims for defects is six years and starts at the time the corresponding products have been delivered to you. Claims for defects, which we have fraudulently concealed or which are covered by a quality guarantee, shall remain unaffected by this provision 6.1.

 

Claims for damages due to defects shall be governed by statutory law, though modified by the provisions in Clause 7.

 

6.2 In all cases involving defects, we would ask you to contact our customer service team

by calling +44 808 1697080. Charges vary depending on your service provider and country. Nothing in this Clause will affect your statutory rights as a consumer under applicable law.

 

7 Further liability

 

7.1 To the fullest extent permissible under applicable law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim any and all warranties of any kind, whether express or implied, in relation to any product purchased from us through this Website including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.

 

7.2 We do not exclude or limit in any way our liability as stated in this Clause 7 to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or representatives; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the goods. In case of a breach of material contractual obligations by us, our statutory representatives or vicarious agents, where the fulfilment of such obligations is crucial for the due performance of the agreement in the first place and the contractual partners can generally be expected to trust in their fulfilment, we shall be liable for any breach based on negligence, but in case of slight negligence the liability shall be limited, to the typical damage that can be foreseen at the time the Agreement was concluded.

7.3 To the extent our liability is excluded or limited as stated in this Clause 7, this shall also apply to our employees, representatives and vicarious agents.

 

7.4 Our liability in connection with any product purchased through our Website is strictly

limited to the purchase price of that product. Nothing in this Clause 7 will affect your statutory rights as a consumer or your cancellation rights under Clause 8.

 

8 Right of cancellation

 

8.1 You have a right of cancellation subject to the following provisions.

 

8.2 Instructions on cancellation

 

 

 

Instructions on cancellation

 

Right of cancellation

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

 

To exercise the right of cancellation, you must inform us (YETI UK Limited by phone at +44 808 1697080 or email at help@yetieuropecustomerservices.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cancellation period has expired.

 

Effects of withdrawal

 

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, you will not incur any fees as a result of such reimbursement. 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 earliest.

 

You shall send back the goods or hand them over to us or YETI RETURNS RIF EUROPE, Changiweg 3, 1437 EP Rozenburg, the Netherlands, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

 

We will cover the cost of returning the goods during this period.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

 

8.3 Model cancellation form

 

 

Model cancellation form

 

(complete and return this form only if you wish to cancel the contract)

 

- To YETI UK Limited by phone at +44 808 1697080 or email at help@yetieuropecustomerservices.com:

 

- I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

 

- Ordered on (*)/received on (*),

 

- Name of consumer(s),

 

- Address of consumer(s),

 

- Signature of consumer(s) (only if this form is notified on paper),

 

- Date

___________

 

(*) Delete as appropriate.

 

 

8.4 Extension of cancellation period

You have the right to cancel your contract beyond the statutory period of 14 days within a total period of 30 days in accordance with the provisions in this Clause 8. Please also note the terms of return in our Returns Policy.

 

9. Complaints and online dispute resolution

9.1 If you have a complaint about YETI or our products, please contact our customer services via: 9.1.1 via email to help@yetieuropecustomerservices.com

9.1.2 via post to First Floor, The Landing, Redcliff Street, Bristol, United Kingdom BS1 6HU

9.1.3 via phone at +44 808 1697080

 

9.2 Information on online dispute resolution for consumer disputes or alternative dispute resolution in consumer matters can be found at European Commission Online Dispute Resolution platform.

 

10. Applicable law

 

These General Terms and Conditions are governed by and constructed in accordance with the laws of the Republic of Ireland and all disputes will be referred to the exclusive jurisdiction of the Irish courts. This paragraph is without prejudice to any overriding rights which you may be entitled to in your country of residence. If you are a consumer then the courts of your country of residence may have jurisdiction to hear any dispute that may arise out of or is related to these General Terms and Conditions.

 

11. Miscellaneous

 

Each of the paragraphs of these General Terms and Conditions operates separately. If a court finds part of this contract invalid, unlawful or unenforceable to any extent, the rest will continue to be in full force and effect.

 

We reserve the right to make changes these General Terms and Conditions at any time.

 

No failure or delay by a party to exercise any right or remedy provided under these General Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

The above General Terms and Conditions constitute the entire agreement between you and YETI and supersede any and all preceding and contemporaneous agreements between you and YETI.

 

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