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T&Cs

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    Website Terms of Use

    Welcome to berghaus.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.

    This Website is brought to you by Berghaus Limited (“Berghaus”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Berghaus.

    Berghaus and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.

    If you have any comments or queries relating to this Website, please use our Contact Us pages.

    1. What do I agree to by entering the Website?
    You are invited to use the Website on the basis of the Terms and Conditions of use set out below.

    By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
    Berghaus may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
    If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

    2. The Features
    The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).

    3. Conditions of Using Features on the Website
    You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
    a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
    b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
    c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
    d) that all Features will be used entirely at your own risk and Berghaus accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

    If Berghaus is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Berghaus reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.

    4. Sending Us Information
    We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Berghaus (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
    a) you have the right to make it available to Berghaus;
    b) the Material is not defamatory; and
    c) the Material does not infringe any law.

    You agree to indemnify Berghaus against all legal fees, damages and other expenses that may be incurred by Berghaus as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.

    This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.

    5. Privacy Policy
    Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

    6. Website Content – Accuracy and Permitted Use.
    Berghaus makes every effort to ensure that the content of the Website is accurate and up-to-date, but Berghaus does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

    Berghaus may remove material or Features, from the Website at its own discretion and without any notice.
    You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Berghaus.
    This Website is intended to provide amongst other things, information relating to Berghaus products and is designed for personal, non-commercial use only.
    You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.

    7. Copyright, legal statement and database rights
    All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Berghaus or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
    You may not extract and/or re-utilise parts of the contents of the Website without Berghaus’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
    Please also refer to our Legal Statement below.

    8. Legal Statement
    Trade marks
    BERGHAUS, [COLOURED BLOCKS device], AIRFOIL, AQUAFOIL, ARGENTIUM, BIOFLEX, EVABREATHE, FREEFLOW, MTNHAUS, MULE, OPTI-STUD and PHOBIC are registered trade marks of Berghaus Limited.

    AQ, AQ2, AF, EXTREM, EXOWRAP, THINKING ON YOUR FEET, EHS, BUILT WITH NATURE, 365LIFE, LIVE FOR ADVENTURE, LIMPET and YETI are trade marks of Berghaus Limited.

    GORE-TEX, GORE, GTX,
    GORE-TEX PACLITE SHELL, XCR are registered trade marks of W.L. Gore and Associates. GUARANTEED TO KEEP YOU DRY is a trade mark of W.L. Gore and Associates. LORICA is a registered trademark of Coria Sud. S.r.l. KEVLAR is a registered trade mark of E.I. du Pont de Nemours and Company or its affiliated. POLARTEC, POWDERDRY and THERMAL PRO is a registered trade mark of Polartec, LLC. PERTEX, PERTEX ENDURANCE and PERTEX QUANTUM are registered trade marks of Mitsui & Co. Ltd. CORDURA, LYCRA, and THERMOLITE are registered trade marks of Invista for durable fabrics. PRIMALOFT is a registered trade mark of Albany International Corp. DRI-RELEASE and FRESH GUARD are registered trade marks of Optimer Performance Fibers Inc. RECCO is a registered trade mark of Recco AB. SCHOELLER, 3XDRY, COLDBLACK, SCHOELLER ORIGINAL SOFT SHELL and NANOSPHERE are registered trade marks of Schoeller Technologies Switzerland. SKYWALK is a registered trade mark of Skywalk SPA. THERMACOOL is a trade mark of Advansa. VIBRAM is a registered trade mark of Vibram S.p.A. YKK, YKK AQUAGUARD and VISCON are registered trade marks of Yoshida Kogyo K.K.

    www.Berghaus.com is a registered domain name of Berghaus Limited.
    VAT Registration Number: GB 231 0451 21.
    Registered Office: 8 Manchester Square, London, W1U 3PH, England.
    Berghaus Limited is a registered data controller, registration no. Z6423514

    9. Intellectual Property Rights
    You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Berghaus and that these are protected by copyright and other laws and international treaty provisions.
    Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Berghaus to do so.
    All trade marks appearing on the Website are Berghaus Limited trade marks and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

    10. Limitation of Liability
    The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
    While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
    Berghaus has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
    Except in relation to liability for death or personal injury, Berghaus shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

    11. Governing Law
    Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
    By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
    By registering you agree to receive emails from Berghaus.com, and you can unsubscribe by using the links in the emails that we send.

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    Berghaus.com Accessibility Statement

    New media technologies are always changing, but we are committed to making our websites accessible to people with visual, hearing or motor impairments.
    We endeavour to be in line with the Equality Act 2010 requirement, which is WCAG 1 AA compliance.

    Guidelines
    The accessibility guidelines we follow include:

    • Allowing users to control text sizes.
    • Using an easy to read font type.
    • Ensuring suitable foreground and background colour contrast.
    • Identify the primary natural language of a document, and using clear and simple grammar.
    • Providing meaningful text equivalents for pictures.
    • Providing simple, consistent site navigation.
    • Ensuring the target of each link is clearly defined.
    • Providing a sitemap.
    • Providing navigational shortcuts for users of text only browsers and page readers. Included are Skip Links (RNIB tested) and WAI ARIA Landmark Roles (supported by JAWS 10, NVDA 2010.1 and Voice Over in iOS 4)
    • Using appropriate structural mark-up to maximise browser support.
    • Using a logical tab order through links, form controls, and objects.
    • Ensuring all content and functionality is available to users without content style sheet (CSS), image and script support.
    • Including default, place-holding characters in edit boxes and text areas.


    Keyboard Navigation

    Pressing the ‘Tab’ key on your keyboard will sequentially move focus through the elements on the web page you are viewing.
    After a page loads pressing the ‘Tab’ key twice will bring focus to the keyboard navigation short cuts or “Skip Links”. Press the ‘Enter’ key to move the focus to one of the optional locations on the page.
    Pressing 'Shift' and 'Tab' will move focus through the Tab Index in the reverse order.
    Press 'Enter' to use the link or button you are focused on.
    If you are focused in a text field , you will see the cursor inside it and you will immediately be able to start typing.
    If you are focused on a select box (drop-down or list) use the up and down arrow keys to select an option then press the ‘Tab’ again to move out of the select box.
    If you are focused on a radio button press ‘Spacebar’ to select it. You can also use the keyboard left and right arrows to move between the options in a set of radio buttons.
    If you are focused on a checkbox press ‘Spacebar’ to select it.

    Text Size
    The size of the text on the site can be adjusted through your browser's settings.
    Internet Explorer Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose the size that you would like to change to.
    Firefox Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose whether to increase or decrease the text size.
    Alternatively you can Zoom in or out with the following keys.
    'Ctrl' and '+' to Zoom In
    'Ctrl' and '-' to Zoom out
    'Ctrl' and '0' will reset the Zoom level to its default

    Code - Markup & Style
    We use the HTML5 Doctype and test our markup against the W3C validator, to ensure that the markup is well formed. 100% valid code is not a goal, but validation certainly helps to write more maintainable sites as well as debugging code. We do not guarantee code is 100% valid, but instead assure the cross-browser experience is fairly consistent.
    We use CSS2 and CSS3 where appropriate, linked from external styles sheets to maintain the separation of structure and from style.

    Browser Compatibility
    The site is tested on both PC and Mac and is fully functional in the following browsers:

    • Internet Explorer 9 and above
    • Firefox (latest version)
    • Safari 6
    • Chrome (latest version)

    The site will be functional in older browsers however it should be noted that presentational elements may not be fully rendered, and rendering may downgrade gracefully.

     

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    Berghaus Competition Terms and Conditions

     

    SIR CHRIS BONINGTON BOOK COMEPTITION

    By entering into the Berghaus “Sir Chris Bonington Book” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw commences at 9:00am 1 November 2016 (the “Opening Date”) and closes at 11.59pm on 6 November 2016 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date.

    Please note: -

    1. The Prize Draw is open to all UK, Isle of Man and Channel Island Residents aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.

    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW

    3. There shall be 5 prize winners (the “Winners”) The Winners shall be selected at random on 7 Novemeber 2016 from all entries received;

    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.

    5. The Winner shall receive one signed copy of Chris Bonington Mountaineer book and one £75 e-voucher to spend on www.berghaus.com (the “Website”).

    6. The Winner must claim their Prize by 14th November 2016, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

    7. The Winner will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

    8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.

    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

    10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2016. All Rights Reserved.


     

    SPEAKER FROM THE EDGE COMPETITION

    By entering into the Berghaus “Speakers from the edge” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw commences at 10:00am 4 October 2016 (the “Opening Date”) and closes at 11.59pm on 6 December 2016 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date.

    2. To enter the Prize Draw, entrants need to: attend a Sir Chris Bonington or Leo Houlding talk and complete the online form

    Please note: -

    1. The Prize Draw is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.

    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW

    3. There shall be 1 prize winner (the “Winner”) The Winner shall be selected at random on 6 December 2016 from all entries received;

    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.

    5. The Winner shall receive a £450 e-voucher to spend on www.berghaus.com (the “Website”).

    6. The Winner must claim their Prize by 14th December 2016, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

    7. The Winner will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

    8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.

    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

    10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2016. All Rights Reserved.

    WIN A RUN WITH STEVE BIRKINSHAW PRIZE DRAW

    BERGHAUS LIMITED (the “PROMOTER”)

    WIN A RUN WITH STEVE BIRKINSHAW PRIZE DRAW

    TERMS AND CONDITIONS

    These Terms and Conditions apply to the “Win a run with Steve Birkinshaw” Prize Draw (the “Prize Draw”). By entering into the Prize Draw entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw opens at 5:00am on 21/04/16 (the “Opening Date”) and closes at 23:59 on 05/05/16 (the “Closing Date”). No entries shall be accepted before the Opening Date or after the Closing Date. Entries are limited to one (1) entry per person. Entries not in accordance with the entry instructions are invalid.

    2. The Prize Draw is open to persons aged eighteen (18) or over, who are residents of the United Kingdom, Isle of Man and Channel Islands. The Promoter accepts no responsibility for entries that are misdirected, lost, delayed, damaged or corrupted due to any computer malfunction, virus, bug, delay or other reason whatsoever. The Prize Draw is specifically closed to employees of the Promoter, any associated companies, their families and anyone professionally involved in this promotion.

    3. In order to enter the Prize Draw, entrants must: complete the entry form on http://www.berghaus.com/run-with-steve-birkinshaw.html

    4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

    5. By entering the Prize Draw each entrant agrees that they are fit and able to participate in the Prize (as defined below) and that they do not have a medical condition which means that they should not participate in the Prize.

    6. There will be thirty (30) place winners (collectively, the “Winners”). The prize for each Winner will the chance to participate in a run in which Steve Birkinshaw will take part (the “Prizes”). The Prize will take place at Keswick Mountain Festival on Saturday 21st May 2016 on either on Walla Crag or Latrigg (to be confirmed). There will be a 10am race, a 1pm race (for more experienced runners) and a 3pm race, the Promoter will select a race for each Winner.

    6. The draw will be made on by an independent person selected by Promoter and such person and the Promoter’s decisions shall be final. No correspondence will be entered into.

    7. The Winner(s) for the Prizes will be drawn on 06/05/16 at random from all entries received. Each Winner will be contacted by telephone and email by 06/05/16. Where the Promoter notifies a Winner by email, the Winner must provide confirmation of receipt by reply email by 11/05/16. If the Winner(s) cannot be cannot be contacted by either telephone or email by 11/05/16. The Promoter reserves the right to select another winner at random from the remaining eligible entries and thereafter until all winners are found.

    8. The Winner(s) agree(s) to take part in post-Prize Draw publicity at the request of the Promoter. By entering the Prize Draw, entrants agree to the Promoter’s unrestricted use of any post-Prize Draw publicity for the Promoter’s own purposes in all activities including, without limitation, marketing and promotional activities worldwide including use on the Promoter’s websites and social networking platforms.

    9. The Prize(s) may be altered or varied at the Promoter’s sole discretion and substituted with a prize which, in the Promoter’s sole opinion, is a suitable alternative. No cash alternatives are available. The Prize(s) is/are non-transferable and may not be sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purposes whatsoever.

    10. The Winners’ names and county will be made available after 11/05/16 on www.berghaus.com.

    11. Personal data which is provided by you when you enter will be processed in a database for the purpose of managing entry into the Prize Draw. Such information will not be used for any other purpose than as stated in these Terms and Conditions or as separately accepted by you. We may share the information you provide with companies who form part of our group of companies and, in certain circumstances, with entities engaged by us, in order to administer the Prize Draw. This means that the information you provide us may be transferred outside of the European Economic Area (“EEA”) to various countries. This information may be subject to the laws of the countries in which it is stored or used, and those countries may have a different data protection regime than the country in which you reside. By providing us with any personal information, you consent to such transfer, processing and storage of your personal information. Any personal data that you provide will be held and processed in accordance with the requirements of the UK Data Protection Act 1998.

    12. The Promoter reserves the right to amend these Terms and Conditions and/or cancel the Prize Draw at its sole discretion.

    13. The Promoter of this Prize Draw is Berghaus Limited, whose registered office is at 8 Manchester Square, London.

    14. To the maximum extent permitted by law the Promoter and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize(s). Each Winner agrees that they participate in the Prize at their own risk. Each Winner will be required to enter into a disclaimer as a condition of participating in the Prize.

    15. By entering this Prize Draw entrants agree to be bound by these Terms and Conditions. All entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    Berghaus Limited 2016. All rights reserved.


    NTS Competition

    By entering into the Berghaus “Preference Centre” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw commences at 10:00am 16 March 2016 (the “Opening Date”) and closes at 11.59pm on 24 April 2016 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date.

    2. To enter the Prize Draw, entrants need to: (a) update their personal information using the online form sent to them by email from Berghaus

    Please note: -

    1. The Prize Draw is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.

    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW

    3. There shall be 1 prize winner (the “Winner”) The Winner shall be selected at random on 25 April 2016 from all entries received;

    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.

    5. The Winner shall receive a £200 e-voucher to spend on www.berghaus.com (the “Website”).

    6. The Winners must claim their Prize by 30th April 2016, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

    7. The Winners will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

    8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.

    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

    10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2015. All Rights Reserved.

    Instagram Climbing Buddy

    1. No purchase necessary to enter the competition.
    2. This competition is open to Instagram users aged 14 years or over. Employees of Promoter, its parent company, subsidiaries, affiliates or other parties, including but not limited to Berghaus LTD in any way involved in the development, production, or distribution of this competition, as well as the immediate family (spouse, parents, siblings, children) and household members of each such employee and/or authors, are not eligible to participate in the Promotion.
    3. This competition will commence at 13:50 March 8th 2016 and all entries must be received by 23:59 March 14th 2016. The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Promoter by the relevant closing date for any reason. Proof of sending is not proof of receipt. Entries via agents or third parties are invalid.
    4. To enter, entrants must follow @berghausofficial, like the post and tag a friend in the post comments.
    5. The competition can also be entered on the @climbingworks Instagram account.
    6. The prize for the winner is 2 x £200 vouchers for Berghaus.com
    7. The Promoter’s decision is final.
    8. Berghaus shall at all times be free to substitute the Prize in accordance with clause 9 below.
    9. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable
    10. The winner will be notified via the comments in the Instagram post by 16th March 2016. The winner must claim their prize within 30 days of the Promoter sending notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
    11. By entering this competition each entrant confirms that his/her entry is their wholly-owned creation and, to the extent that such entry makes use of any third party materials, that these have been fully cleared unless they are no longer protected by copyright or other intellectual property rights. Entrants will keep the Promoter harmless from any claims in relation to their entry that the entry infringes the personal or proprietary right of any other person. By submitting an entry, each entrant grants to the Promoter a perpetual, royalty-free, non-exclusive licence to edit, publish, translate, modify, adapt, make available and distribute the entry throughout the world in any media now known or hereafter invented. Each entrant undertakes to complete any necessary documentation to formalise the licence. If you do not want to grant us these rights, please do not submit materials to us.
    12. Each entrant also confirms that anyone tagged in an entry has given their permission for the inclusion.
    13. The Promoter will use any data submitted by entrants only for the purposes of running the competition, unless otherwise stated in the entry details. By entering this competition, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this competition and any other purposes to which the entrant has consented.
    14. This Promotion is in no way sponsored, endorsed or administered by or associated with Instagram. You acknowledge that all information and material that you submit to enter this Promotion is submitted to the Promoter and not Instagram and you agree that Instagram shall not be liable to you in any way in respect of this Promotion.
    15. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
    16. These terms and conditions are governed in accordance with the laws of England and Wales.
    17. By entering the competition each entrant agrees to be bound by these terms and conditions.
    18. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    Berghaus Outlet Prize Draw

    By entering into the Berghaus Outlet Prize Draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. This competition/prize draw opens on 9th July 2015 and closes at 12pm on 9th January 2016.
    2.Entrants are not allowed to enter more than once
    3.Enter your details in store for your chance to win £100 to spend in store.
    4.1 person to be drawn from each store every 6 months.
    5.Age of entrants must be 18 or over
    6.No Purchase necessary to take part in this competition
    7.Winners will be announced w/c 9th January 2016
    8. The winner will be contacted via email or social media
    9.The competition is open to all UK, Isle of Man and Channer Island Residents.
    10. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.
    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.
    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.
    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.
    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.
    © Berghaus Limited 2015. All Rights Reserved.

    #mykeswickadventure competition

    By entering into the Berghaus “#mykeswickadventure” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. This competition/prize draw opens on 15th May 2015 and closes at 12pm on 17th May 2015.
    2.Entrants are allowed to enter more than once
    3.Pick up a picture frame from the adventure HUB (no purchase necessary) and take a picture of you doing your activity at Keswick, and upload the images to our webpage, twitter or Instagram with #mykeswickadventure
    4.3 x £100 voucher code to spend on the Berghaus website.
    5.Prize must be claimed by the end of 2015
    6.Age of entrants must be 18 or over
    7.Winners will be chosen at random from the photos uploaded
    8.No Purchase necessary to take part in this competition
    9.Winners will be announced w/c 18th May 2015
    10.Winners will be informed via email or social media
    11.Winners name will be published on our company facebook page
    12. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.
    13. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.
    14. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.
    15. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.
    16. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
    17. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.
    18. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.
    © Berghaus Limited 2015. All Rights Reserved.

    Keswick Mountain Festival Ticket Giveaway

    By entering into the Berghaus “Keswick Mountain Festival Ticket Giveaway” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw commences at 10:00am 24th April 2015 (the “Opening Date”) and closes at 11.59pm on 30th April 2015 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date.
    2. To enter the Prize Draw, entrants need to: supply personal information using the online form sent to them by email from Berghaus
    Please note: -
    1. The Prize Draw is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.
    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW
    3. There shall be 1 grand prize winner1 (the “Grand Prize Winner1”) and 2 runners-up winners (the “Runners-Up”) (collectively to be referred to as the “Winners”). All Winners shall be selected at random on 1st May 2015 from all entries received;
    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.
    5. The Winners shall receive the following prizes (the “Prizes”).
    • The Grand Prize Winner will receive a pair of Weekend passes (without camping).
    • 1 Runner Up will receive a pair of Friday night concert tickets; and
    • 1 Runners Up will receive a pair of Saturday night concert tickets.
    6. The Winners must claim their Prize by 6th May 2015, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.
    7. The Winners will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.
    8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.
    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.
    10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.
    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.
    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.
    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.
    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.
    © Berghaus Limited 2015. All Rights Reserved.

    Hydroshell Jacket Giveaway TERMS AND CONDITIONS

    By entering into the Berghaus “Hydroshell Jacket Giveaway” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:
    1. The Prize Draw commences at 10:00am 27thth April 2015 (the “Opening Date”) and closes at 11.59pm on 1st June 2015 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date.
    2. To enter the Prize Draw, entrants need to: supply personal information using the online form sent to them by email from Berghaus
    Please note: -
    1. The Prize Draw is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.
    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW
    3. There shall be 1 prize winner (the Winner”). The Winner shall be selected at random on 1st June 2015 from all entries received;
    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.
    5. The Winners shall receive a £170 e-voucher to spend on www.berghaus.com (the “Website”).
    6. The Winners must claim their Prize by 5th June 2015, Berghaus reserves the right to select another winner at random and award the prize to that Entrant. 7. The Winners will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.
    8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.
    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.
    10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.
    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.
    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.
    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.
    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.
    © Berghaus Limited 2015. All Rights Reserved.

    PREFERENCE CENTRE TERMS AND CONDITIONS

     

    By entering into the Berghaus “Preference Centre” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

     

    1. The Prize Draw commences at 10:00am 19 March 2015 (the “Opening Date”) and closes at 5.00pm on 20 April 2015 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date. The number of times entrants can enter this Prize Draw is unlimited.

    2. To enter the Prize Draw, entrants need to: (a) update their personal information using the online form sent to them by email from Berghaus

     

    Please note: -

    1. The Prize Draw is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.

    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW

    3. There shall be 3 grand prize winners (the “Grand Prize Winners”) and 6 runners-up winners (the “Runners-Up”) (collectively to be referred to as the “Winners”). All Winners shall be selected at random on 24 April 2015 from all entries received;

    4. The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.

    5. The Winners shall receive the following prizes (the “Prizes”).

    • The Grand Prize Winners will each receive a £200 e-voucher to spend on www.berghaus.com (the “Website”).
    • 3 of the Runners Up will receive a £100 e-voucher to spend on the Website; and
    • 3 of the Runners Up will receive a £50 e-voucher to spend on the Website.

      6. The Winners must claim their Prize by 28 April 2015, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

      7. The Winners will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

      8. The name of the Winner shall be made available on the Website after the Closing Date of the Prize Draw.

      9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

      10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

      11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

      12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

      13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

      14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

      15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

      © Berghaus Limited 2015. All Rights Reserved.

       

      #BERGHAUSSUMMER COMPETITION TERMS AND CONDITIONS

       

      By entering into the Berghaus GO Outdoors '#BerghausSummer' prize draw organised by Berghaus Limited ("Berghaus") (the "Prize Draw"), entrants agree to be bound by the following Terms and Conditions:

      1. The Prize Draw commences at 8.00am 25th February 2015 (the "Opening Date")and closes at 5.00pm on 30th April 2015 (the "Closing Date"). No entries will be accepted before the Opening Date or after the Closing Date. The number of times entrants can enter this Prize Draw is unlimited.

      2. To enter the Prize Draw, entrants need to: (a) take a picture of yourself carrying out an adventure; and (b) upload one (1) image to one (1) of the following social media pages including the hash tag #berghaussummer:

       

    • the Official Berghaus Facebook page
    • the Official Berghaus Twitter page
    • the Official Berghaus Instagram page

    Collectively referred to as the "Berghaus Social Media Pages"

    Please note: -

    1. The Prize Draw is open to all aged eighteen (18) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families.

    2. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW

    3. There shall be 1 winner in total (the "Winner").The Winner shall be selected at random on 1 May 2015 from all entries received;

    4. The Prize Draw will be made by an independent person and Berghaus' decision is final. No correspondence will be entered into.

    5. The Winner will receive Berghaus clothing up to the value of Five Hundred pounds (£500) in clothing (the "Prize").

    6. If the Winner does not claim their Prize by 30th May 2015, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

    7. The Winner will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

    8. The name of the Winner shall be made available on the Official Berghaus and Go Outdoors Facebook page.

    9. Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

    10. The Prize may be altered or varied at Berghaus' sole discretion and substituted with a prize which, in Berghaus' sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissable by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    11. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    12. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    13. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    14. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    15. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2015. All Rights Reserved.

     

     


     

     

    BERGHAUS “Berghaus and brasher” COMPETITION TERMS AND CONDITIONS

    By entering into this Prize Draw (the “Prize Draw”) organised by The brasher Boot Company and Berghaus Limited in conjunction (together referred to in these terms and conditions as “brasher”), entrants agree to be bound by the following Terms and Conditions:

    1. The Prize Draw commences on 12 January 2015 and closes at 5.00pm on 9 February 2015. No entries will be accepted before the opening date or after the closing date. One (1) entry per email address provided is permitted.

    2. To enter the Prize Draw, entrants need to: (i) Click on the link provided in the email received from brasher; and (ii) Sign up for the brasher database by entering their details on the Berghaus website (the “Website”).

    Please note:

    collectively to be referred to as the “Entry”.

    3. The Prize Draw is open to residents of countries where such a prize draw is not unlawful who are aged sixteen (16) and over. The following are not eligible: the employees of (i) brasher and Berghaus Limited and their franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the promotion and their friends and families.

    4. The Prize may be altered or varied at brasher’s sole discretion and substituted with a prize which, in brasher’s sole opinion, is a suitable alternative. brasher shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    5. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

    6. For every 100 entries received, brasher will pick one winner at random (the “Winners”) on 13 February 2015. brasher’s decision is final and no correspondence will be entered into.

    7. The Winners shall each receive a pair of Hillmaster boots (the “Prize”). The Prize is subject to availability. brasher will use reasonable endeavours to provide a Prize in the size requested by the Winner however the Prize is subject to availability.

    8. Each Winner will be advised by email on 13 February 2015. If any of the Winners do not respond by 28 February 2015, brasher reserves the right to offer the Prize to the next randomly selected eligible entrant until a Winner is found or alternatively to withdraw the Prize.

    9. By entering the Prize Draw, each Winner consents to their name being made available after the Draw Date on the official brasher Facebook page and to those who send a self addressed envelope to the address set out below and request to be sent the Winners’ names.

    10. Entrants accept that the Website is offered on an “as is” and “as available” basis and that Berghaus is responsible for the Website. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or servers which makes them available are free from software viruses or other defects. brasher and Berghaus have no control over, and disclaims all responsibility for, any content which contestants may encounter, or events which may occur as a result of any use of the Website to the fullest extent permitted by law, and brasher and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by contestants as a result of their use of the Websites. brasher shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Websites.

    11. The Winners agree to take part in post-Prize Draw publicity at the request of brasher. By entering into the Prize Draw, entrants agree to brasher’s unrestricted use of any post-Prize Draw publicity for brasher’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on brasher’ websites and social networking platforms.

    12. brasher reserves the right to withdraw or amend this promotion and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    13. To the maximum extent permitted by law, brasher and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    14. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Prize Draw. The information may be passed on to third parties for the purposes of managing the Prize Draw only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from brasher or any other party then your personal data may be used by them for such purposes, including direct marketing.

    15. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    16. The Promoters of this Prize Draw are The brasher Boot Company Limited and brasher Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © brasher Limited 2015. All Rights Reserved.


    BERGHAUS BLACKS “IN-STORE PICTURE FRAME”

     

    By entering into the Berghaus Blacks “In-Store Picture Frame” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

     

    1. The Prize Draw commences at 8:00am 6th October 2014 (the “Opening Date”) and closes at 5.00pm on 30th November 2014 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date. The number of times entrants can enter this Prize Draw is unlimited.

     

    2. To enter the Prize Draw, entrants need to:

    (a) Visit any Blacks retail store and pick up a “Berghaus Blacks” picture frame

    (b) Take a picture of yourself carrying out an adventure from your own personal adventure list using the “Berghaus Blacks” picture frame

    (c) upload one (1) image to one (1) of the following social media pages including the hash tag #adventurelist:

     

    • the Official Berghaus Facebook page at https://www.facebook.com/berghaus

    • the Official Berghaus Twitter page at https://twitter.com/TheRealBerghaus

    • the Official Berghaus Instagram page at berghausofficial.

     

    Collectively referred to as the “Berghaus Social Media Pages”.

     

    Please note:

    For the avoidance of doubt, Entries submitted without a “Berghaus Blacks” picture frame will not be accepted. The “Berghaus Blacks” picture frame simply needs to feature somewhere in the photograph. It does not need to the full width and height of the photograph. In addition, photographs must be uploaded from the Entrants personal social media account and the individual featured in the “Berghaus Blacks” picture frame must be the Entrant.

     

    1.The Prize Draw is open to all aged eighteen (18) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Prize Draw and their friends and families..

    2.NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

    3.There shall be 1 winner in total (the “Winner”). The Winner shall be selected at random on 1 December 2014 from all entries received;

    4.The Prize Draw will be made by an independent person and Berghaus’ decision is final. No correspondence will be entered into.

    5.The Winner will receive two thousand pounds (£2,000) in cash (the “Prize”).

    6.If the Winner does not claim their Prize by 19 December 2014, Berghaus reserves the right to select another winner at random and award the prize to that Entrant.

    7.The Winner will be contacted by email with further details on how to claim their Prize after the Closing Date of the Prize Draw.

    8.The name of the Winner shall be made available on the Official Berghaus and Blacks Facebook page.

    9.Berghaus shall at all times be free to substitute the Prize in accordance with clause 10 below.

    10.The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    11.To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    12.Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing.Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    13.Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    14.By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    15.The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

     

    Buy One Get One Half Price

    Online

    1. Purchase two products from the Berghaus Baselayer, Shirt or T-Shirt Range (the ‘Range’) and receive the cheapest product half price (the ‘Offer’).

    2. The Offer is redeemable against full priced Berghaus Baselayer, Shirt or T-Shirt in the Range offered online at http://www.berghaus.com, http://eu.berghaus.com and http://int.berghaus.com/

    3. The Offer is valid between 22 June 2015 and midnight on 6 July 2015.

    4. In order to redeem the Offer, add the Berghaus products in the Range to the shopping basket. The products will appear in the shopping basket at full price and the Offer price will be applied prior to purchase.

    5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

    6. The Offer may not be used in conjunction with any other offer except that it may be used in conjunction with an offer for free delivery.

    7. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

    8. The Offer is subject to availability. Each customer may use the Offer more than once.

    9. The Offer cannot be exchanged for cash.

    10. Nothing in these terms and conditions shall affect your statutory rights. All purchases are subject to Berghaus’ conditions of sale.

    11. The Offer shall be governed in accordance with the laws of England and Wales. Refund Policy

    1. If you wish to return any product purchased under the Offer, the Offer will cease to apply. You must therefore return all three products and a copy of your proof of purchase. A full refund of the Offer amount will then be given.

    2. If you wish to exchange any product purchased under the Offer, you may exchange it for a product in the Range with a value up to or less than the value of the item being exchanged.

    3. Our full Returns Policy applies; please refer to these policies for full details.

     

    3 For 2 Accessories

    Online

    1. Purchase three products from the Berghaus accessories 3 for 2 offer range (the ‘Range’) and receive the cheapest product free (the ‘Offer’).

    2. The Offer is redeemable against full priced products in the Range offered online at http://www.berghaus.com, http://eu.berghaus.com and http://int.berghaus.com/

    3. The Offer is valid between 5 November 2014 and midnight on 24 December 2014

    .

    4. In order to redeem the Offer, add the Berghaus products in the Range to the shopping basket. The products will appear in the shopping basket at full price and the Offer price will be applied prior to purchase.

    5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

    6. The Offer may not be used in conjunction with any other offer except that it may be used in conjunction with an offer for free delivery.

    7. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

    8. The Offer is subject to availability. Each customer may use the Offer more than once.

    9. The Offer cannot be exchanged for cash.

    10. Nothing in these terms and conditions shall affect your statutory rights. All purchases are subject to Berghaus’ conditions of sale.

    11. The Offer shall be governed in accordance with the laws of England and Wales.

    Refund Policy

    1. If you wish to return any product purchased under the Offer, the Offer will cease to apply. You must therefore return all three products and a copy of your proof of purchase. A full refund of the Offer amount will then be given.

    2. If you wish to exchange any product purchased under the Offer, you may exchange it for a product in the Range with a value up to or less than the value of the item being exchanged.

    3. Our full Returns Policy applies; please refer to these policies for full details.

     

    BERGHAUS BRITROCK FILMTOUR 2014 OFFER NEWCASTLE

    TERMS AND CONDITIONS

    1. Bring your BRITROCK Tour Ticket (the “Ticket”) to the Berghaus Bristol retail store and receive twenty per cent (20%) off any Berghaus product(s) in a single transaction (the “Offer”).
    2. The Offer may be redeemed at the Berghaus Metro centre store only at the Lower Red mall, Metro centre, Gateshead, NE11 9YG. The Offer is valid between 9am 16th October 2014 and 9pm on the 16th November 2014.
    3. The Offer can be redeemed by purchasing the Berghaus products(s) in store and presenting the relevant BRITROCK Tour Ticket at the cash desk.
    4. The Offer is subject to availability and can be used only once in a single transaction.
    5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.
    6. The Offer cannot be used in conjunction with any other offer.
    7. The online Offer is limited to UK residents only.
    8. Berghaus Limited reserves the right to amend these Terms and Conditions or discontinue the Offer at any time.
    9. The Offer cannot be exchanged for cash.
    10. Nothing in these Terms and Conditions shall affect your statutory rights.
    11. The Offer shall be governed in accordance with the laws of England and Wales.

    Refund Policy

    1. If you wish to return any product(s) purchased under the Offer, you will receive a full refund of the Offer amount paid by you for the product(s).
    2. Our full Returns Policy applies; please refer to these policies at either www.berghaus.com for full details.

     

    BERGHAUS LIMITED – LEVIATHAN TABLET SLEEVE GIVEAWAY 
    TERMS AND CONDITIONS 

    Spend one hundred pounds sterling (£100), (the “Minimum Spend”) or more on any Berghaus products in a single transaction at http://www.berghaus.com and receive one (1) LEVIATHAN TABLET SLEEVE (the “Offer”). The Offer is governed by, and participants agree to be bound by, these terms and conditions.

    1.    The Offer is redeemable against all Berghaus products offered online at http://www.berghaus.com

    2.    The Offer is valid from Wednesday 10 September 2014 to midnight (GMT) Wednesday 24th September.

    In order to redeem the Offer, go to http://www.berghaus.com and add Berghaus products to your online shopping basket. When the value of the Berghaus products in your shopping basket meets the Minimum Spend one (1) Berghaus Leviathan Tablet Sleeve will automatically appear in your shopping basket prior to checkout. You must complete your purchase to redeem the Offer.

    3.    The Offer is not transferable and cannot be used for purchases at any other store, retailer or online store. 

    4.    The Offer may be used in conjunction with other promotions. For the avoidance of doubt, the Minimum Spend must still be met to redeem the Offer.

    5.    Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.

    6.    Berghaus shall at all times be free to substitute the Offer in accordance with clause 7 below.

    7.    The Offer may be altered or varied at Berghaus’ sole discretion and substituted with an offer which, in Berghaus sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Offer, to the fullest extent that this is permissible by law. 

    8.    The Offer is subject to availability. There are no cash alternatives and the Offer is not negotiable, transferrable or returnable.

    9.    In any single transaction, you are only entitled to receive one (1) Leviathan Tablet Sleeve.

    10.    The Offer cannot be exchanged for cash.

    11.    Nothing in these terms and conditions shall affect your statutory rights. 

    12.    The Offer shall be governed in accordance with the laws of England and Wales. 

    Refund Policy

    1.    If you wish to return any product(s) purchased under the Offer that brings the total value of your purchases below the Minimum Spend, the Offer will cease to apply. You must therefore return the product(s) and the Leviathan Tablet Sleeve (without being worn and in their original packaging) and a copy of your proof of purchase. A refund will then be given for the returned product(s). In the event that you do not return the Leviathan Tablet Sleeve when returning any product(s) for a refund, Berghaus Limited reserves the right to deduct the full price of the Leviathan Tablet Sleeve £20 (SRP) before returning any refund amount back to you.

    2.    Berghaus’ full Returns Policy applies; please refer to these policies at http://www.berghaus.com/ for full details.

     

     

     

    Free F-light 20 on orders over £100

    BERGHAUS LIMITED – F-Light 20 GIVEAWAY

     

    1. Spend one hundred pounds sterling (£100), one hundred and twenty nine euros (€129), one thousand and five Norwegian korona (1005NOK) or one hundred and fifty Swiss francs (150 CHF) (the “Minimum Spend”) or more on any Berghaus products in a single transaction at http://www.berghaus.com/ and receive one (1) Berghaus F-Light 20 Day sack (the “Offer”). The Offer is governed by, and participants agree to be bound by, these terms and conditions.

     

    2. The Offer is redeemable against all Berghaus products offered online at http://store.berghaus.com:

    3. The Offer is valid from Thursday 5th June 2014 until stocks last.

    In order to redeem the Offer, go to http://store.berghaus.com and add Berghaus products to your online shopping basket. When the value of the Berghaus products in your shopping basket meets the Minimum Spend one (1) Berghaus F-Light 20 Day sack will automatically appear in your shopping basket prior to checkout. You must complete your purchase to redeem the Offer.

    4. The Offer is not transferable and cannot be used for purchases at any other store, retailer or online store.

    5. The Offer may be used in conjunction with other promotions. For the avoidance of doubt, the Minimum Spend must still be met to redeem the Offer.

    6. Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.

    7. Berghaus shall at all times be free to substitute the Offer in accordance with clause 8 below.

    8. The Offer may be altered or varied at Berghaus’ sole discretion and substituted with an offer which, in Berghaus sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Offer, to the fullest extent that this is permissible by law.

    9. The Offer is subject to availability. There are no cash alternatives and the Offer is not negotiable, transferrable or returnable.

    10. In any single transaction, you are only entitled to receive one (1) Berghaus F-Light 20 Day sack.

    11. The Offer cannot be exchanged for cash.

    12. Nothing in these terms and conditions shall affect your statutory rights.

    13. The Offer shall be governed in accordance with the laws of England and Wales.

     

    Refund Policy

     

     

    1. If you wish to return any product(s) purchased under the Offer that brings the total value of your purchases below the Minimum Spend, the Offer will cease to apply. You must therefore return the product(s) and the F-Light 20 Day sack (without being worn and in their original packaging) and a copy of your proof of purchase. A refund will then be given for the returned product(s). In the event that you do not return the Berghaus F-Light 20 Day sack when returning any product(s) for a refund, Berghaus Limited reserves the right to deduct the full price of the Berghaus F-Light 20 Day sack £20 (SRP) before returning any refund amount back to you.

     

    2. Berghaus’ full Returns Policy applies; please refer to these policies at http://store.berghaus.com/ for full details.

     

    Retail

     

     

    1. Spend one hundred pounds sterling (£100) or more on any Berghaus products in a single transaction and receive one (1) Berghaus F-Light 20 Day sack (the “Offer”). Style, colour amd price may vary dependent on availability. The Offer is governed by, and participants agree to be bound by, these terms and conditions.

     

    2. The Offer is redeemable against Berghaus products at the following retail stores:

    - Berghaus London Store: 13 Short Gardens, Covent Garden, London, WC2H 9AT;

    - Berghaus Manchester Store: 188-192 Deansgate, Manchester, M3 3ND;

    - Berghaus Gateshead Store: Lower Red Mall, Metro Centre Gateshead, Tyne and Wear, NE11 9YG;

    - Berghaus Bristol Store: 22 Broadmead, Bristol, BS1 3HA;

    -Berghaus Dalton Park Store: Units 105/106 Daltn Park Outlet Centre, Murton, County Durham, SR7 9HU

    -Berghaus Bridgend Store: Unit 15, Bridgend Designer Outlet Village, The Derwen, Bridgend, C32 9SU

    And

    Berghaus Gretna Store: Unit 56, Gretna Gateway Outlet Village, Glasgow Road, Gretna, DG15 5GG

    3. The Offer is valid 5th June to sunday the 6th July or while stocks last.

    4. The Offer will be applied at the cash desk.

    5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

    6. The Offer may not be used in conjunction with any other offer.

    7. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

    8. The Offer is subject to availability.

    9. In any single transaction, you are only entitled to receive one (1) Berghaus F-Light 20 Day sack.

    10. The Offer cannot be exchanged for cash.

    11. Nothing in these terms and conditions shall affect your statutory rights. All purchases are subject to Berghaus’ conditions of sale.

    12. The Offer shall be governed in accordance with the laws of England and Wales

     

    Refund Policy

     

     

    1. If you wish to return any product(s) purchased under the Offer that brings the total value of your purchases below the Minimum Spend, the Offer will cease to apply. You must therefore return the product(s) and the F-Light 20 Day sack (without being worn and in their original packaging) and a copy of your proof of purchase. A refund will then be given for the returned product(s). In the event that you do not return the Berghaus F-Light 20 Day sack when returning any product(s) for a refund, Berghaus Limited reserves the right to deduct the full price of the Berghaus F-Light 20 Day sack £20 (SRP) before returning any refund amount back to you.

     

    2. Our full Returns Policy applies; please refer to these policies for full details.

     


     

    What does adventure mean to you?

     

     

    BERGHAUS LIMITED (“BERGHAUS”)

     

    BERGHAUS “WHAT DOES ADVENTURE MEAN TO YOU?” COMPETITION TERMS AND CONDITIONS

     

    By entering into the Berghaus “What does adventure mean to you” competition organised by Berghaus (the “Competition”), entrants agree to be bound by the following Terms and Conditions:

     

    1. The Competition commences at 13.00pm on 6 June 2014 (the “Opening Date”) and closes at 5.00pm on 11 July 2014 (the “Closing Date”). No entries will be accepted before the Opening Date or after the Closing Date. The number of entries by a person is unlimited.

    2. To enter the Competition, entrants need to:

    (a) write 1 blog article (the “Blog Article”) or create 1 video (the “Video”) describing what adventure means to them; and

    (b) submit a link to their Blog Article or Video onto the Berghaus blog at http://www.berghaus.com/community/?p=12508 (the “Berghaus Blog”).

    Please note:

    • the Video must be a minimum of 15 seconds long but not more than 60 seconds; and

    • the Blog Article must be a minimum of 50 words long but not more than 300 words long.

    collectively to be referred to as the “Entry”.

    Please note:-

    3. The Competition is open to all aged sixteen (16) years and over. However, the following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the Competition and their friends and families.

    4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS COMPETITION.

    5. Your Entry must not disparage Berghaus, or any other party affiliated with the Competition, nor infringe the intellectual property rights of any third party. This includes the use of third party copyright or a third party’s right of personality/publicity. Your Entry shall not feature any other person’s name, image or voice, reference products that compete with Berghaus products or comprise of words or photographs which are obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, sexually or racially or ethically or religiously insulting, harassing, profane or otherwise unlawful. Berghaus reserves the right, at its sole discretion, to remove your Entry from the Official Berghaus Website and the Official Berghaus Facebook Page if it is in breach of this clause.

    6. By submitting your Entry, you warrant that the Entry was created solely by you, and that you are the person featured in that Entry.

    7. By submitting your Entry, you warrant that you shall procure the necessary consents, licences and other such authorisation that may be required from any third party (including without limitation any models or members of the public) that may form part of your Entry.

    8. Berghaus does not accept any responsibility for any network congestion, technical failure or other problem in any network, system provider, or otherwise which results in any post on the Berghaus Blog not being properly recorded or received.

    9. All Blog Articles and Videos will be moderated by Berghaus before any winners are selected. Berghaus reserves the right to remove any Entries that bring Berghaus into disrepute.

    10. There shall be 1 winner in total (the “Winner”) and 4 runners up (the “Runners Up”). The Winner and the Runners Up shall be selected by a judging panel, which shall include Berghaus representatives (the “Panel”) on 18 July 2014. The Winner shall be the Entry which the Panel considers at its sole discretion to be the most creative.

    11. The Winner will receive an £100 e-voucher to spend on www.berghaus.com (the “Official Berghaus Website”).

    12. The Runners Up will each receive 1 Berghaus baselayer.

    collectively to be referred to as the “Prize”.

    13. The Winner and the Runners Up will be contacted by email with further details on how to claim their Prize after the Closing Date of the Competition.

    14. Berghaus shall at all times be free to substitute the Prize in accordance with clause 15 below.

    15. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    16. The Winner and the Runners Up name’s will be made available on 18 July 2014 on the Official Berghaus Website and the information provided will only be used for purposes as detailed in clause 19.

    17. The Winner and the Runners Up agree to take part in post-Competition publicity at the request of Berghaus. By entering into the Competition, entrants agree to Berghaus’ unrestricted use of any post-Competition publicity for Berghaus’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on Berghaus’ websites and social networking platforms.

    18. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    19. By entering the Competition:

    19.1 You agree that your Entry may be used by Berghaus (and its partners) for Berghaus’ marketing and promotional activities (“Marketing and Promotional Purposes”);

    19.2 you hereby acknowledge that Berghaus may have to crop and re-size the Entry as necessary for Marketing and Promotional Purposes;

    19.3 you hereby acknowledge that the Winner and the Runners Up name’s shall appear on all winning Entries reproduced for Marketing and Promotional Purposes;

    19.4 you hereby grant Berghaus and its associated companies a non-exclusive, irrevocable, worldwide licence for Entries in all media for the uses described in 20.1 above; and

    19.5 you acknowledge that Berghaus may contact you and afford you the opportunity to negotiate the terms of any additional usage of Entries falling outside of the Marketing and Promotional Purposes.

    20. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Competition. The information may be passed on to third parties for the purposes of managing the Competition only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or any other party then your personal data may be used by them for such purposes, including direct marketing. Information regarding personal data provided by the entrant in completing the Berghaus Facebook questionnaire will be stored on behalf of Berghaus by a third party. Such information will be used by Berghaus to understand how our Facebook fans feel about the Berghaus brand with a view to providing better value content and information.

    21. Berghaus reserves the right to withdraw or amend this Competition and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    22. By entering this Competition, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Competition and each party submits to the exclusive jurisdiction of the English courts.

    23. The Promoter of this Competition is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2014. All Rights Reserved.

     

    By entering into the Berghaus “#MyWaterproof” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. This competition opens on 6th October 2015 and closes at 12pm on 30th June 2016.

    2. Entrants are allowed to enter more than once

    3.Take a photograph of you on your adventure, and upload the images to our webpage, Twitter or Instagram with the tag #MyWaterproof

    4. Prize is a £200/€250 voucher code to spend on the Berghaus website, there will be a total of six winners with one selected each month

    5. Prizes must be claimed by the end of 2016

    6. Age of entrants must be 18 or over

    7.Each winner will be selected by an internal judging panel at the end of each month

    8. No Purchase necessary to take part in this competition

    9. Winner will be announced at the beginning of each month until close of competition

    10.Winners will be informed via email or social media within 72 hours of being selected. Berghaus reserves the right to reselect a new winner if we are unable to make contact within 14 days

    11.Winners name will be published on our company Facebook page

    12. Berghaus shall at all times be free to substitute the Prize in accordance with clause 13 below.

    13. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    14. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    15. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    16. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    17. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    18. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2015. All Rights Reserved.

    Adventure Calendar Competition

    By entering into the Berghaus Adventure Calendar” prize draw organised by Berghaus Limited (“Berghaus”) (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

    1. This competition opens on 29th October 2015 and closes at 12am on 19th November 2015.

    2. Entrants are allowed to enter more than once

    3.Take a photograph of an inspiring adventure, and upload the images to our webpage.

    4. Prize is a £200/€250 voucher code to spend on the Berghaus website, there will be a total of six winners

    5. Prizes must be claimed by the end of 2016

    6. Age of entrants must be 18 or over

    7. Winners will be selected by an internal judging panel

    8. No Purchase necessary to take part in this competition

    9. Winner will be announced on 20th November

    10.Winners will be informed via email within 72 hours of being selected. Berghaus reserves the right to reselect a new winner if we are unable to make contact within 5 days

    11.Winners name will be published on our company Facebook page

    12. Entrants agree to give Berghaus full usage rights to their uploaded image. This can include but is not limited to web use, print use, use on social media and editing / cropping the image.

    13. Berghaus shall at all times be free to substitute the Prize in accordance with clause 14 below.

    14. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

    15. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

    16. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

    17. Berghaus reserves the right to withdraw or amend this Prize Draw and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

    18. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

    19. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    © Berghaus Limited 2015. All Rights Reserved.

    Mix and Match - 3 for 2 promotion

    3 for 2 Christmas Promotion

    Online

    1. Purchase three products from the Berghaus 3 for 2 offer range and receive the cheapest product free (the ‘Offer’).

    2. The Offer is available on selected lines only - Accessories, Equipment, Fleece, Base-Layers, T-Shirts, Shirts, Shorts and Socks

    3. Where the Offer states 'Equipment' this is valid only on 'Daysacks' and 'Small Rucksacks'

    4. The Offer is only redeemable against full priced products in the Berghaus 3 for 2 range offered online at www.berghaus.com

    5. The Offer is valid between 03 November 2015 and 23 December 2015.

    6. The Offer will be applied in the shopping basket, the products will appear in the mini basket at full price and the Offer price will be shown in the shopping basket prior to purchase. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

    7. The Offer may not be used in conjunction with other promotions.

    8. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

    9. The Offer is subject to availability.

    10. If you want to return any of the three products purchased in conjunction with the Offer, you will be required to return all three items.

    11. If you want to exchange any of the three products purchased in conjunction with the Offer, you may only exchange it for another product of lesser or the same value within the Berghaus 3 for 2 offer range.

    12. The Offer cannot be exchanged for cash.

    13. Nothing in these terms and conditions shall affect your statutory rights.

    14. The Offer shall be governed in accordance with the laws of England and Wales.

    © Berghaus Limited 2015. All Rights Reserved.

    Black Friday Weekend Promotion

    Online

    1. Promotion is valid across Berghaus.com to the value of 15% discount applied to all products (the ‘Offer’).

    2. Daily deals will be promoted across selected lines offering 25% off (product lines may vary)

    3. The Offer is valid between 27 November 2015 and 30 November 2015.

    4. The Offer will be applied in the shopping basket, The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

    5. The Offer may not be used in conjunction with other promotions.

    6. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

    7. The Offer is subject to availability.

    8. The Offer cannot be exchanged for cash.

    9. Nothing in these terms and conditions shall affect your statutory rights.

    10. The Offer shall be governed in accordance with the laws of England and Wales.

    © Berghaus Limited 2015. All Rights Reserved.

  •  

    Customer Complaints Procedure

    Here at Berghaus, we're proud of the products we manufacture and the services which we provide. If you have a complaint, we want to put things right as quickly as possible. Please speak to a member of our store team or customer service team who will be happy to assist. If you would like to make a formal complaint, please email customerservice@berghaus.com marking your email 'Complaint.' We acknowledge all complaints and aim to provide a response within fourteen (14) working days.

    Any contact directed to individuals or departments within Berghaus will be referred to our Customer Services team and will be resolved via our complaint handling process.

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    Information about cookies

    Our website uses cookies to improve its content and ease of use. Cookies are small files of letters and numbers that we put on your computer if you agree.


    We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.


    We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).


    We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.


    Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.


    You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all, or parts of our site, and might not be able to shop on the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site.


    Please visit www.aboutcookies.org to find out more about cookies.

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    PRIVACY POLICY

    Berghaus ("We") are committed to protecting and respecting your privacy.

    This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

    For the purpose of the Data Protection Act 1998 (the Act), the data controller is Berghaus of 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

    INFORMATION WE MAY COLLECT FROM YOU
    We may collect and process the following data about you:

    • Information that you provide by filling in forms on the following sites: www.berghaus.com, and int.berghaus.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material, creating or updating your personal profile, take part in a prize draw or competition, newsletters or exclusive offers via email or requesting further services. We may also ask you for information [when you enter a competition or promotion sponsored by Berghaus, and] when you report a problem with our site.
    • If you contact us, we may keep a record of that correspondence.
    • Berghaus OR We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
    • Details of transactions you carry out through our site and of the fulfillment of your orders.
    • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.


    WHAT DO WE DO WITH THE INFORMATION?
    Berghaus will require you to provide particular personal information such as credit / debit card details and your billing address for the purposes of completing your order. We will only use this information for the purposes of managing your order or your usage of the Website.
    Providing additional personal information is up to you. We collect personal information to enter you into contests and notify you of results, to e-mail you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website.
    Berghaus (and those people or companies employed by Berghaus who help make this Website, its content and its services) will process and use your personal information in order to respond to your feedback – like responding to problems, improving our services and gearing what we do to suit our requirements further.
    Beyond this we will not share your information with any other company without your consent unless we are required to do so by law, if you have won a prize or if you have made a request for specific information. If you give us consent then we may share your information with our partners, subsidiaries or subsidiary companies in order that they can contact you with information, promotions, products, services, and offers that may be interesting to you.
    We will never sell your information to any other company.

    IP ADDRESSES
    We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

    INFORMATION ABOUT COOKIES
    Our website uses cookies to improve its content and ease of use. Cookies are small files of letters and numbers that we put on your computer if you agree.

    We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.

    We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).

    We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.

    Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.

    You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all, or parts of our site, and might not be able to shop on the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site.

    Please visit www.aboutcookies.org to find out more about cookies.

    WHERE WE STORE YOUR PERSONAL DATA
    The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Berghaus will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

    USES MADE OF THE INFORMATION
    We use information held about you in the following ways:

    • To ensure that content from our site is presented in the most effective manner for you and for your computer.
    • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
    • To carry out our obligations arising from any contracts entered into between you and us.
    • To allow you to participate in interactive features of our service, when you choose to do so.
    • To notify you about changes to our service.


    We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
    If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
    If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
    If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form OR registration form).
    We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

    DISCLOSURE OF YOUR INFORMATION
    We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
    We may disclose your personal information to third parties:

    • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
    • If Berghaus or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
    • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Berghaus, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


    YOUR RIGHTS
    You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Senior Service Manager, Berghaus, 12 Colima Avenue, Sunderland Enterprise park, Sunderland, SR5 3XB


    Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

    HOW TO UNSUBSCRIBE
    Our policy is to allow users to unsubscribe from our regular emails at any time. You can do this by clicking on the Unsubscribe link at the bottom of the email you’ve received. Should you experience any problems click here to contact our Customer Service Team who will assist you.

    If you have asked us to stop sending emails and this hasn’t happened it may be because the email address to which we are sending them is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.

    ACCESS TO INFORMATION
    The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

    CHANGES TO OUR PRIVACY POLICY
    Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

    CONTACT
    Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Head of Digital Commerce Service, Berghaus Ltd, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

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    We take the privacy and security of your payment and personal details very seriously. Our site uses high-level SSL encryption technology from Digicert, one of the most advanced security solutions currently available for online payments.


    You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.berghaus.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.

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    Terms and Conditions of Sale - Ecommerce

    Welcome to berghaus.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.

    This Website is brought to you by Berghaus Limited (“Berghaus”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Berghaus.

    Berghaus and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.

    If you have any comments or queries relating to this Website, please contact us.

    Terms and Conditions of Sale

    Please carefully read these Terms and Conditions before purchasing any Berghaus products on the Website. By purchasing Berghaus products on the Website, you agree to be bound by these Terms and Conditions.

    1.         Your Account

    You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

    Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.

    The Website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.

    Berghaus reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

    2.   Privacy

    Please review our Privacy Policy ;which, together with the fraud prevention section below, explains how the personal information we collect from you will be used.

    3.  Our Contract

    When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Berghaus when you place an order.

    This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.

    Berghaus will retain the title in the products until full payment has been made by you and has been received by Berghaus.

    Berghaus reserves the right to hold any orders prior to shipping for security review. Berghaus only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.

    4.         Fraud prevention, fraud screening and age and identity verification checks

    By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes.  You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information.  If you have any questions at all about this, please contact us at customerservice@berghaus.com before you proceed with your purchase.

    Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes.  This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Data Protection Act 1998 (as amended and/or replaced from time to time).  This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us. 

    As part of this, we may check the following records about you:

    •           our own records;

    •           records held by third parties providing services to us; and

    •           records at fraud prevention agencies (FPAs).

    The checks described above may include assessing and verifying identities to prevent and detect fraud.  The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).   

    As explained above, personal information about you may be sent by us to FPAs and recorded by them.  In addition, we may give details of the payments you make to FPAs.  All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise.  Records remain on file for up to 6 years after checks are carried out.

    If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.

    This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs.  If you would like to obtain full details about this, please contact us at customerservice@berghaus.com.

    5.         Deliveries

    We will endeavour to deliver all products you have ordered within 30 (thirty) days from your Order Confirmation Email. Please click here to view our delivery details and charges (if applicable).

    Non-EU Customers

    All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.

    EU Customers

    All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they have been delivered in accordance with the delivery instructions. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.

    If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.

    6.         Returns

    You can only return Berghaus products that have been purchased directly through this Website. Berghaus products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.

    If for any reason you are not happy with your Berghaus products, please follow our Delivery, Returns, Exchanges and Repairs Policy, so that we can assist you in the exchange or refund of your order. Berghaus reserves the right to reject the return of products that are not returned in accordance with our Returns, Exchanges and Repairs Policy Procedure and we may request that you pay for delivery charges in returning such goods back to you. Our returns policy does not affect your statutory rights.

    Returns

    A.         Returns or Exchange

    You may exchange or return new, unworn or unused products within thirty (30) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you may be required to pay an additional sum where the replacement product is more expensive that the original item purchased.

    Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (see below).

    Delivery Costs

    1. If you are returning goods for exchange or return, you are responsible for the cost of returning them to us.
    2. We will not refund the original delivery charge in the case of exchanges or returns.  

    Please note: If you are a UK or EU customer you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within the fourteen (14) day period beginning after the day of receipt of the goods under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 – see Statutory Right to Cancel below.

    1. You will also be liable for the delivery costs incurred by us in sending you any products as exchanges.  
    2. In the case of returns, you will only be refunded the value of the goods ordered.
    3. We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.

    This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.

    B.         Statutory Right to Cancel

    If you are a UK or EU customer, in addition to our Returns or Exchange Procedure, you have fourteen (14) days (beginning the day after receipt of the goods) to cancel your purchase order under the Distance Selling Regulations.

    These legal rights do not apply to non-EU customers.

    Delivery Costs

    1. Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
    2. Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).

    Where you exercise your right to cancel within fourteen (14) days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.

    We will refund all monies received from you (including the outbound delivery cost) within 14 (fourteen) days of receiving the product(s) from you or within fourteen (14) days of you providing us with proof of return. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.

    How do I exercise my statutory right to cancel?

    In order to exercise your right to cancel, please:

    1. send an email to customerservice@berghaus.com; or
    2. write to us at our address at the end of these terms;

    making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.

    Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.

    C.         Conditions for All Returns, Exchanges or Statutory Right to Cancel

    All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery.

    With your purchase of Berghaus products, you will receive a Delivery Note and Returns Form. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact them by clicking here.

    Please do not return items to our head office address in Sunderland, as all returns are processed at our warehouse in the north-west of England. If you return items to our head office address, your return may be severely delayed.

    Discrepancies

    If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.

    Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.

    7.         Feedback and Complaints Policy

    We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.

    8.         Pricing and availability

    All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.

    Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

    9.         Customs

    When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

    10.        Disclaimer and limitation of liability

    This Website is provided by Berghaus on an “as is” and “as available” basis. Berghaus makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

    Berghaus disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Berghaus does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Berghaus will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

    Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

    11.        Electronic communications

    When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

    12.        Disputes

    We are under a legal obligation to notify you that certain disputes can be settled by Alternative Dispute Resolution (“ADR”). The approved body to resolve disputes via ADR in our industry is The Retail Ombudsman. Alternatively, there is also an Online Dispute Resolution (“ODR”) Platform available here: http://ec.europa.eu/odr

    However, please note that settling disputes via ADR or ODR is not mandatory and we have not elected to resolve our disputes via ADR or ODR. This means that any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Berghaus’ intellectual property rights, Berghaus may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

    13.        Alteration of Service or Amendments to the Conditions

    We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

    14.        Events beyond our reasonable control

    Berghaus will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

    15.        Waiver

    If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

    16.        Governing law and jurisdiction

    Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

    Your statutory rights are not affected by these Terms and Conditions of Sale.

    17.       Our details

    berghaus.com is owned by Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland SR5 3XB, England.

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    BERGHAUS LIMITED (the “Company”) - TERMS AND CONDITIONS OF SALE – UNITED KINGDOM


    These terms and conditions (“Terms”) shall govern all sales of Goods by the Company to the Customer. The Company reserves the right to amend these Terms from time to time, any such changes shall apply to any Orders placed after the date the updated Terms are placed on the Company’s website. The Customer should check these Terms regularly for any changes. In these Terms “Contract” means the contract for the supply of Goods, “Customer” means the person or company that purchases the Goods from the Company, “Goods” means any goods supplied or to be supplied by the Company to the Customer and “Order” means the Customer’s order for the Goods.


    Contract
    1.    These Terms apply to the Contract to the exclusion of any other terms, including any that the Customer seeks to impose or incorporate, or any which are implied by trade, custom, practice or course of dealings.
    2.    The Order constitutes an offer by the Customer to purchase Goods in accordance with these Terms and shall only be deemed accepted when the Company issues a written acceptance, at which point the Contract shall come into existence. 
    3.    The Company reserves the right to amend any accidental error or omission on price lists, quotations, order acknowledgements, invoices, credit notes or other Company documentation.
    4.    Once accepted, the Customer may not cancel any Order or return Goods without the Company’s prior written consent.  Such consent may be subject to conditions (in the Company’s sole discretion) and any returns will be subject to the Company’s returns policy (including a 20% handling charge). 
    Delivery
    5.    Delivery times and dates stated by the Company are approximate only, time of delivery shall not be of the essence. The Company accepts no liability and the Customer shall not be entitled to cancel the Contract for any failure to comply with such times and dates. For the avoidance of doubt the Company shall not be liable for any penalties or charges the Customer attempts to impose in relation to late or non-delivery.
    6.    Delivery of the Goods shall be made in accordance with the Incoterm (as defined in the latest published version of Incoterms), and to the delivery location, stated on the Order acknowledgement issued by the Company. Unless otherwise agreed in writing by the Company, the deemed delivery and responsibility for insurance, transit costs and compliance with any applicable customs formalities shall be determined by the Incoterm stated on the Order acknowledgement.       
    7.    For direct deliveries the Customer shall obtain at its own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of Goods at the named place of destination on the Incoterm as advised by the Company from time to time.
    8.    Any shortage, loss or non-delivery must be notified to the Company within 3 days of the delivery date on the advice note or invoice. The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice providing the Company receives notification within 3 days of delivery. 
    9.    The Company shall be entitled to deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 
    10.    If the Customer fails to take delivery of the Goods on the date of delivery, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer’s risk and cost.
    Price and Payment
    11.    Unless otherwise agreed in writing by the Company, the price of the Goods shall be that which is stipulated in the Company’s applicable price list (the “Price List”) in force at the date of the Company’s acceptance of the Order. The Price Lists are subject to alteration without notice.  In the case of an Order delivered by instalments, each instalment shall be invoiced at the price stipulated in the Price List in force at the date of despatch of the instalment. Unless otherwise agreed in writing by the Company, prices set out in any of the Company’s price lists, quotations and acknowledgement of Order are exclusive of the costs of delivery, packing, insurance or any value added, purchase or other taxes which shall be payable in addition to the price when the price is due.  
    12.    The Company shall be entitled to charge the Customer a surcharge for Orders of less than £250 exc VAT or of such value or quantities as notified by the Company to the Customer from time to time.
    13.    The Company shall invoice the Customer for the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. 
    14.    The Customer shall make payment of sums due to the Company to the bank account nominated in writing by the Company in the currency stated on the invoice within 30 days from the date of the relevant invoice. Time for payment of the Goods (including, without limit, any costs or charges payable) shall be of the essence. Payment shall only be deemed received by the Company upon receipt of cleared funds. The Customer may not withhold or make any deduction from or set off against any payment due to the Company for any reason. 
    15.    The Company may charge interest on any outstanding amounts from the due payment date until the date of payment at a rate of 2% above National Westminster Bank plc’s base lending rate from time to time in force.
    16.    The Company’s recommended retail prices shall not limit the Customer’s right to set its own resale prices.
    Quality
    17.    Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications, the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or where it is necessary to comply with any applicable standards or legal requirements. 
    18.    The Company warrants that on delivery the Goods shall be free from material defects in materials and workmanship. The Company will either replace or refund (at the Company’s option) the price of any Goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery provided that:
             18.1.    the Customer inspects the Goods on delivery and notifies the Company within 3 days of delivery of any alleged defects or damage. Otherwise, the Goods shall be deemed to be in accordance with the Contract and free from any defect or damage which would be apparent upon a reasonable examination;
             18.2.    where a defect would not have been apparent on a reasonable examination under clause 18.1, the Customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 180 days of delivery whichever is earlier; 
              18.3.    the Customer provides the Company all information and assistance required to investigate any suspected defect and, if required, permits an inspection of the Goods concerned where they are located: and
              18.4.    the default complained of has not arisen as a result of any drawing, design or specification supplied by the Customer or from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing or whether relating without limit to the fabrication (e.g. the quality or performance of the fabrics), operation, use or maintenance of the Goods), or misuse or alteration or repair of the Goods without the Company’s prior written approval.
    19.    Subject to clauses 20 and 21, clause 18 defines the Company’s full liability in respect of the Goods and all other conditions, warranties or undertakings whether express or implied by statute, common law, custom, usage or otherwise, are excluded to the fullest extent permissible by applicable law. 
    Limitation of Liability
    20.    Nothing in these Terms shall exclude or limit the liability of the Company for (i) death or personal injury resulting from its negligence, (ii) fraud or fraudulent misrepresentation, (iii) breach of terms as to title under Section 12 of the Sale of Goods Act 1979 or (iv) any other loss or damage the exclusion or limitation of which is prohibited by English law.
    21.    Subject to clause 20; 
             21.1.    the Company shall in no circumstances be liable to the Customer in contract, tort (including negligence), breach of statutory duty, or otherwise, (i) for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or (ii) for damage to the Customer’s reputation or goodwill, or (iii) for any loss resulting from any claim made by any third party, or (iv) any indirect, special or consequential loss or damage of any nature whatsoever; and
             21.2.    the total liability of the Company to the Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not in any circumstances exceed the invoice value of the Goods.
    22.    The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include war or any action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire, flood, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company’s inability to procure materials or supplies. On the occurrence of any such event, the Company may at its discretion, perform, suspend performance of or terminate the Contract.
    Customer Obligations
    23.    The Customer must adhere to the Company’s retail guidelines and online guidelines as notified by the Company from time to time.  In the event that the Customer re-sells the Goods to a wholesale or retail customer, such Goods may only be resold to accounts which meet the Company’s retail guidelines and online guidelines.
    24.    Customers within the EEA shall not: 
             24.1.    sell any Goods outside the EEA and/or Switzerland or sell any Goods within the EEA where, to its knowledge, such Goods are intended for re-sale or distribution outside the EEA and/or Switzerland; or
             24.2.    actively approach or solicit customers, nor make active sales of the Goods, to any wholesale or retail account in any EEA country and Switzerland where sales of Goods are either exclusively reserved to the Company or to a third party. 
    25.    In the event that a Customer within the EEA re-sells Goods to a wholesale or retail account, the Customer shall include in their conditions of sale a provision that:
             25.1.    Goods may not be sold outside of the EEA and Goods shall not be sold within the EEA where such Goods are intended for re-sale or distribution outside of the EEA; and
             25.2.    Goods may only be re-sold to accounts which meet the Company’s retail guidelines and online guidelines.            
    Title and Risk in the Goods 
    26.    Goods shall be at the Customer's risk as soon as they are delivered to the Customer and without limitation to the foregoing the Customer shall be solely responsible for their custody and maintenance;
    27.    The legal and beneficial title to the Goods shall remain the Company’s property until the Company has received unconditional payment in full for:
             27.1.    the Goods; and 
             27.2.    all payments to be made by the Customer under the Contract and any other agreement between the Company and the Customer and on any other account whatsoever.
    28.    Until the legal and beneficial title to the Goods passes to the Customer in accordance with these Terms, the Customer shall:
             28.1.    be entitled to re-sell the Goods only in accordance with clause 31;
             28.2.    hold the Goods on a fiduciary basis as bailee for the Company;
             28.3.    keep the Goods labelled as belonging to the Company and separate and identifiable from all other goods in its possession; 
             28.4.    not remove, deface or obscure any identifying mark or packaging on or in relation to the Goods;
             28.5.    give the Company such information relating to the Goods as the Company may from time to time request;
             28.6.    immediately notify the Company if it becomes subject to any of the events listed in clause 32.4;
             28.7.    keep the Goods in satisfactory condition and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by the Customer in an amount at least equal to the balance of the payments due hereunder for the same from time to time remaining outstanding.  The policy shall bear an endorsement recording the Company’s interest, and the Customer shall promptly provide a copy of such endorsement at the Company’s request.
    29.    If the Customer does anything, or fails to do anything, which could cause it to become subject to any of the events listed in clause 32.4, or if the Company reasonably believes any such event is about to happen, then:
             29.1.    the Customer’s right to possession of the Goods shall immediately cease;
             29.2.    the Customer’s right to resell the Goods to its clients pursuant to clause 31 shall immediately cease; and
             29.3.    in addition to any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly (or if the Company has any reason to believe the Customer will not do so), enter any premises or land occupied or owned by the Customer to remove the Goods; and
    30.    If the Customer fails to pay for any or all of the Goods in accordance with these Terms, then in addition to any other right or remedy the Company may have:
             30.1.    the Company shall have the power to resell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise; and
             30.2.    the Company and its servants and agents may enter upon any premises or land occupied or owned by the Customer to remove the Goods;
    31.    The Customer expressly shall not be entitled to re-sell the Goods as part of a sale of all or part of the Customer’s business without the prior written consent of the Company, and
             31.1.    may only re-sell the Goods to the Customer’s clients in the ordinary course of the Customer’s trading business as a fiduciary and trustee for the Company; and
             31.2.    without prejudice to the equitable rules as to tracing, in the event of any resale by the Customer of the Goods, the Company's beneficial entitlement shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until such assignment shall be held on trust in a separate identified account for the Company by the Customer and such proceeds shall not be mingled with other monies or paid into any overdrawn bank account and shall at all times be identifiable as the Company’s monies.
    Termination
    32.    Without prejudice to any of its other rights, the Company or any related companies shall have the right to cancel all or any contracts with the Customer and withhold delivery of any Goods if the Customer:-
             32.1.    commits a material breach of any term of the Contract or any contract with the Company or any related company; 
             32.2.    fails to pay any amount due to the Company or any related companies by the due date for payment;
             32.3.    commits a breach of clause 23 or 24 and fails to remedy that breach within 20 days of receipt of notice from the Company specifying the breach; 
             32.4.    the Customer compounds with or executes an assignment for the benefit of its creditors or commits any act of bankruptcy or goes into liquidation or has a receiver, administrative receiver or administrator appointed over all or part of its assets or has a third party levy distress on their property, or proposes terms for a company voluntary arrangement or enters into  a company voluntary arrangement or enters into any other scheme of arrangement, whether formal or informal or is placed into any other formal insolvency process or suffers any similar or analogous act; or
             32.5.    goes through a change of control (as defined in s.1124 of the Corporation Tax Act 2010). 
    33.    On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Customer’s outstanding unpaid invoices and interest.  Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
    Intellectual Property, Confidentiality and General
    34.    The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
    35.    Trade marks and/or logos applied to any of the Goods may be used only for the purpose of advertising the Customer’s sale of the Goods provided that the Company’s prior written consent is obtained. 
    36.    No rights are granted to the Customer by virtue of its use of the Company’s trade marks or logos.
    37.    The Customer shall keep confidential and not use, without the prior written consent of the Company, any information of a confidential nature supplied or disclosed by the Company to the Customer, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of the Customer, or disclosure of the same is required by law or by a governmental or regulatory body. 
    38.    The Customer may not assign or sub-contract any of its rights or obligations under the Contract without the Company’s prior written consent.  The Company may assign, licence or sub-contract all or any of its rights or obligations under the Contract.
    39.    A person who is not a party to the Contract shall not have any rights to enforce its terms.
    40.    The Customer shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption and shall act in accordance with the Company’s policies in this regard in all dealings with or on behalf of the Company and the Goods.
    41.    Any part of these Terms or the Contract which is or becomes invalid, illegal or unenforceable shall be deemed modified to the extent necessary to make it valid, legal and enforceable and shall not affect any other part of these Terms or the Contract.
    42.    No waiver or delay by the Company (express or implied) in enforcing any of its rights under a Contract shall prejudice its right to do so in the future. 
    43.    No variation of these Terms or the Contract shall be effective unless in writing and signed by the Company.
    44.    Each Contract contains the whole agreement between the parties and supersedes all prior agreements, undertakings and arrangements whether oral or in writing.  All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
    45.    The construction, validity and performance of all Contracts (including any associated non-contractual claims and disputes) between the parties shall be governed by the laws of England & Wales and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any jurisdiction the Company deems appropriate. 

     

     

    BERGHAUS LIMITED (the “Company”) - TERMS AND CONDITIONS OF SALE - INTERNATIONAL


    These terms and conditions (“Terms”) shall govern all sales of Goods by the Company to the Customer. The Company reserves the right to amend these Terms from time to time, any such changes shall apply to any Orders placed after the date the updated Terms are placed on the Company’s website. The Customer should check these Terms regularly for any changes. In these Terms “Contract” means the contract for the supply of Goods, “Customer” means the person or company that purchases the Goods from the Company, “Goods” means any goods supplied or to be supplied by the Company to the Customer and “Order” means the Customer’s order for the


    Contract
    1.    These Terms apply to the Contract to the exclusion of any other terms, including any that the Customer seeks to impose or incorporate, or any which are implied by trade, custom, practice or course of dealings.
    2.    The Order constitutes an offer by the Customer to purchase Goods in accordance with these Terms and shall only be deemed accepted when the Company issues a written acceptance, at which point the Contract shall come into existence. 
    3.    The Company reserves the right to amend any accidental error or omission on price lists, quotations, order acknowledgements, invoices, credit notes or other Company documentation.
    4.    Once accepted, the Customer may not cancel any Order or return Goods without the Company’s prior written consent.  Such consent may be subject to conditions (in the Company’s sole discretion) and any returns will be subject to the Company’s returns policy (including a 20% handling charge). 
    Delivery
    5.    Delivery times and/or dates stated by the Company are approximate only, time of delivery shall not be of the essence. The Company accepts no liability for any failure to comply with such times and dates. The Customer shall have no right to cancel the Contract in the event of such a failure. For the avoidance of doubt the Company shall not be liable for any penalties or charges that the Customer attempts to impose in relation to late delivery or non-delivery.
    6.    Delivery of the Goods shall be made in accordance with the Incoterm (as defined in the latest published version of Incoterms), and to the delivery location, stated on the Order acknowledgement issued by the Company. Unless otherwise agreed in writing by the Company, the deemed delivery and responsibility for insurance, transit costs and compliance with any applicable customs formalities shall be determined by the Incoterm stated on the Order acknowledgement.       
    7.    For direct deliveries the Customer shall obtain at its own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of Goods at the named place of destination on the Incoterm as advised by the Company from time to time.
    8.    Any shortage, loss or non-delivery must be notified to the Company within 10 days of the delivery date on the advice note or invoice. The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice providing the Company receives notification within 10 days of delivery. 
    9.    The Company shall be entitled to deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 
    10.    If the Customer fails to take delivery of the Goods on the date of delivery, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer’s risk and cost.
    Price and Payment
    11.    Unless otherwise agreed in writing by the Company, the price of the Goods shall be that which is stipulated in the Company’s applicable price list (the “Price List”) in force at the date of the Company’s acceptance of the Order. The Price Lists are subject to alteration without notice.  In the case of an Order delivered by instalments, each instalment shall be invoiced at the price stipulated in the Price List in force at the date of despatch of the instalment. Unless otherwise agreed in writing by the Company, prices set out in any of the Company’s price lists, quotations and acknowledgement of Order are exclusive of the costs of delivery, packing, insurance or any value added, purchase or other taxes which shall be payable in addition to the price when the price is due.  
    12.    The Company shall be entitled to charge the Customer a surcharge for Orders of less than £250 or €300 excluding VAT or of such value or quantities as notified by the Company to the Customer from time to time.
    13.    The Company shall invoice the Customer for the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. 
    14.    The Customer shall make payment of sums due to the Company to the bank account nominated in writing by the Company in the currency stated on the invoice within 30 days from the date of the relevant invoice. Time for payment of the Goods (including, without limit, any costs or charges payable) shall be of the essence. Payment shall only be deemed received by the Company upon receipt of cleared funds. The Customer may not withhold or make any deduction from or set off against any payment due to the Company for any reason. 
    15.    The Company may charge interest on any outstanding amounts from the due payment date until the date of payment at a rate of 2% above National Westminster Bank plc’s base lending rate from time to time in force.
    16.    The Company’s recommended retail prices shall not limit the Customer’s right to set its own resale prices.
    Quality
    17.    Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications, the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or where it is necessary to comply with any applicable standards or legal requirements. 
    18.    The Company warrants that on delivery the Goods shall be free from material defects in materials and workmanship. The Company will either replace or refund (at the Company’s option) the price of any Goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery provided that:
             18.1.    the Customer inspects the Goods on delivery and notifies the Company within 10 days of delivery of any alleged defects or damage. Otherwise, the Goods shall be deemed to be in accordance with the Contract and free from any defect or damage which would be apparent upon a reasonable examination;
             18.2.    where a defect would not have been apparent on a reasonable examination under clause 18.1, the Customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 180 days of delivery whichever is earlier; 
             18.3.    the Customer provides the Company all information and assistance required to investigate any suspected defect and, if required, permits an inspection of the Goods concerned where they are located: and
             18.4.    the default complained of has not arisen as a result of any drawing, design or specification supplied by the Customer or from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing or whether relating without limit to the fabrication (e.g. the quality or performance of the fabrics), operation, use or maintenance of the Goods), or misuse or alteration or repair of the Goods without the Company’s prior written approval.
    19.    Subject to clauses 20 and 21, clause 18 defines the Company’s full liability in respect of the Goods and all other conditions, warranties or undertakings whether express or implied by statute, common law, custom, usage or otherwise, are excluded to the fullest extent permissible by applicable law. 
    Limitation of Liability
    20.    Nothing in these Terms shall exclude or limit the liability of the Company for (i) death or personal injury resulting from its negligence, (ii) fraud or fraudulent misrepresentation, (iii) breach of terms as to title under Section 12 of the Sale of Goods Act 1979 or (iv) any other loss or damage the exclusion or limitation of which is prohibited by English law.
    21.    Subject to clause 20; 
             21.1.    the Company shall in no circumstances be liable to the Customer in contract, tort (including negligence), breach of statutory duty, or otherwise, (i) for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or (ii) for damage to the Customer’s reputation or goodwill, or (iii) for any loss resulting from any claim made by any third party, or (iv) any indirect, special or consequential loss or damage of any nature whatsoever; and
             21.2.    the total liability of the Company to the Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not in any circumstances exceed the invoice value of the Goods.
    22.    The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include war or any action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire, flood, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company’s inability to procure materials or supplies. On the occurrence of any such event, the Company may at its discretion, perform, suspend performance of or terminate the Contract.
    Customer Obligations
    23.    The Customer must adhere to the Company’s retail guidelines and online guidelines as notified by the Company from time to time.  In the event that the Customer re-sells the Goods to a wholesale or retail customer, such Goods may only be resold to accounts which meet the Company’s retail guidelines and online guidelines.
    24.    Customers within the EEA shall not: 
             24.1.    sell any Goods outside the EEA and/or Switzerland or sell any Goods within the EEA where, to its knowledge, such Goods are intended for re-sale or distribution outside the EEA and/or Switzerland; or
             24.2.    actively approach or solicit customers, nor make active sales of the Goods, to any wholesale or retail account in any EEA country and Switzerland where sales of Goods are either exclusively reserved to the Company or to a third party. 
    25.    In the event that a Customer within the EEA re-sells Goods to a wholesale or retail account, the Customer shall include in their conditions of sale a provision that:
             25.1.    Goods may not be sold outside of the EEA and Goods shall not be sold within the EEA where such Goods are intended for re-sale or distribution outside of the EEA; and
             25.2.    Goods may only be re-sold to accounts which meet the Company’s retail guidelines and online guidelines.
    26.    Customers outside of the EEA shall not: 
             26.1.    sell any Goods outside of the territory agreed between the Company and the Customer from time to time;
             26.2.    sell any Goods within the territory agreed between the Company and the Customer from time to time where such Goods are intended for re-sale or distribution outside of that territory.    
    27.    In the event that the Customer re-sells Goods to a wholesale or retail account, the Customer shall include in their conditions of sale, a provision that:
             27.1.    Goods may not be sold outside of the territory agreed between the Company and the Customer;
             27.2.    Goods shall not be sold in the Customer’s territory where such Goods are intended for resale or distribution outside of the Customer’s territory; and
             27.3.    Goods may only be re-sold to accounts which meet the Company’s retail guidelines and online guidelines.            
    Title and Risk in the Goods 
    28.    Goods shall be at the Customer's risk as soon as they are delivered to the Customer and without limitation to the foregoing the Customer shall be solely responsible for their custody and maintenance;
    29.    The legal and beneficial title to the Goods shall remain the Company’s property until the Company has received unconditional payment in full for:
             29.1.    the Goods; and 
             29.2.    all payments to be made by the Customer under the Contract and any other agreement between the Company and the Customer and on any other account whatsoever.
    30.    Until the legal and beneficial title to the Goods passes to the Customer in accordance with these Terms, the Customer shall:
             30.1.    be entitled to re-sell the Goods only in accordance with clause 33;
             30.2.    hold the Goods on a fiduciary basis as bailee for the Company;
             30.3.    keep the Goods labelled as belonging to the Company and separate and identifiable from all other goods in its possession; 
             30.4.    not remove, deface or obscure any identifying mark or packaging on or in relation to the Goods;
             30.5.    give the Company such information relating to the Goods as the Company may from time to time request;
             30.6.    immediately notify the Company if it becomes subject to any of the events listed in clause 34.4;
             30.7.    keep the Goods in satisfactory condition and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by the Customer in an amount at least equal to the balance of the payments due hereunder for the same from time to time remaining outstanding.  The policy shall bear an endorsement recording the Company’s interest, and the Customer shall promptly provide a copy of such endorsement at the Company’s request.
    31.    If the Customer does anything, or fails to do anything, which could cause it to become subject to any of the events listed in clause 34.4, or if the Company reasonably believes any such event is about to happen, then:
             31.1.    the Customer’s right to possession of the Goods shall immediately cease;
             31.2.    the Customer’s right to resell the Goods to its clients pursuant to clause 33 shall immediately cease; and
             31.3.    in addition to any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly (or if the Company has any reason to believe the Customer will not do so), enter any premises or land occupied or owned by the Customer to remove the Goods; and
    32.    If the Customer fails to pay for any or all of the Goods in accordance with these Terms, then in addition to any other right or remedy the Company may have:
             32.1.    the Company shall have the power to resell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise; and
             32.2.    the Company and its servants and agents may enter upon any premises or land occupied or owned by the Customer to remove the Goods;
    33.    The Customer expressly shall not be entitled to re-sell the Goods as part of a sale of all or part of the Customer’s business without the prior written consent of the Company, and
             33.1.    may only re-sell the Goods to the Customer’s clients in the ordinary course of the Customer’s trading business as a fiduciary and trustee for the Company; and
             33.2.    without prejudice to the equitable rules as to tracing, in the event of any resale by the Customer of the Goods, the Company's beneficial entitlement shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until such assignment shall be held on trust in a separate identified account for the Company by the Customer and such proceeds shall not be mingled with other monies or paid into any overdrawn bank account and shall at all times be identifiable as the Company’s monies.
    Termination
    34.    Without prejudice to any of its other rights, the Company or any related companies shall have the right to cancel all or any contracts with the Customer and withhold delivery of any Goods if the Customer:-
             34.1.    commits a material breach of any term of the Contract or any contract with the Company or any related companies; 
             34.2.    fails to pay any amount due to the Company or any related companies by the due date for payment;
             34.3.    commits a breach of clause 23 - 27 and fails to remedy that breach within 20 days of receipt of notice from the Company specifying the breach; 
             34.4.    the Customer compounds with or executes an assignment for the benefit of its creditors or commits any act of bankruptcy or goes into liquidation or has a receiver, administrative receiver or administrator appointed over all or part of its assets or has a third party levy distress on their property, or proposes terms for a company voluntary arrangement or enters into  a company voluntary arrangement or enters into any other scheme of arrangement, whether formal or informal or is placed into any other formal insolvency process or suffers any similar or analogous act; or
             34.5.    goes through a change of control (as defined in s.1124 of the Corporation Tax Act 2010). 
    35.    On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Customer’s outstanding unpaid invoices and interest.  Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
    Intellectual Property and Confidentiality
    36.    The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
    37.    Trade marks and/or logos applied to any of the Goods may be used only for the purpose of advertising the Customer’s sale of the Goods provided that the Company’s prior written consent is obtained. 
    38.    No rights are granted to the Customer by virtue of its use of the Company’s trade marks or logos.
    39.    The Customer shall keep confidential and not use, without the prior written consent of the Company, any information of a confidential nature supplied or disclosed by the Company to the Customer, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of the Customer, or disclosure of the same is required by law or by a governmental or regulatory body. 
    General
    40.    The Customer may not assign or sub-contract any of its rights or the obligations under the Contract without the prior written consent of the Company.  The Company may assign, licence or sub-contract all or any part of its rights or obligations under the Contract.
    41.    A person who is not a party to the Contract shall not have any rights to enforce its terms.
    42.    The Customer shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption and shall act in accordance with the Company’s policies in this regard in all dealings with or on behalf of the Company and the Goods.
    43.    Any part of these Terms or the Contract which is or becomes invalid, illegal or unenforceable shall be deemed modified to the extent necessary to make it valid, legal and enforceable and shall not affect any other part of these Terms or the Contract.
    44.    No waiver or delay by the Company (express or implied) in enforcing any of its rights under a Contract shall prejudice its right to do so in the future. 
    45.    No variation of these Terms or the Contract shall be effective unless in writing and signed by the Company.
    46.    Each Contract contains the whole agreement between the parties and supersedes all prior agreements, undertakings and arrangements whether oral or in writing.  All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
    47.    The construction, validity and performance of all Contracts (including any associated non-contractual claims and disputes) between the parties shall be governed by the laws of England & Wales and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any jurisdiction the Company deems appropriate.

     

     

     

    BERGHAUS LIMITED (the “Company”) - TERMS AND CONDITIONS OF SALE – DIRECT DELIVERY

    These terms and conditions (“Terms”) shall govern all sales of Goods by the Company to the Customer. The Company reserves the right to amend these Terms from time to time, any such changes shall apply to any Orders placed after the date the updated Terms are placed on the Company’s website. The Customer should check these Terms regularly for any changes. In these Terms “Contract” means the contract for the supply of Goods, “Customer” means the person or company that purchases the Goods from the Company, “Goods” means any goods supplied or to be supplied by the Company to the Customer and “Order” means the Customer’s order for the Goods.


    Contract
    1.    These Terms apply to the Contract to the exclusion of any other terms, including any that the Customer seeks to impose or incorporate, or any which are implied by trade, custom, practice or course of dealings.
    2.    The Order constitutes an offer by the Customer to purchase Goods in accordance with these Terms and shall only be deemed accepted when the Company issues a written acceptance, at which point the Contract shall come into existence.
    3.    The Company reserves the right to amend any accidental error or omission on price lists, quotations, order acknowledgements, invoices, credit notes or other Company documentation.
    4.    Once accepted, the Customer may not cancel any Order or return Goods without the Company’s prior written consent.  Such consent may be subject to conditions (in the Company’s sole discretion) and any returns will be subject to the Company’s returns policy (including a 20% handling charge).
    Delivery
    5.    Delivery times and/or dates stated by the Company are approximate only, time of delivery shall not be of the essence. The Company accepts no liability for any failure to comply with such times and dates. The Customer shall have no right to cancel the Contract in the event of such a failure. For the avoidance of doubt the Company shall not be liable for any penalties or charges that the Customer attempts to impose in relation to late delivery or non-delivery.
    6.    Delivery of the Goods shall be made in accordance with the Incoterm (as defined in the latest published version of Incoterms), and to the delivery location, stated on the Order acknowledgement issued by the Company. Unless otherwise agreed in writing by the Company, the deemed delivery and responsibility for insurance, transit costs and compliance with any applicable customs formalities shall be determined by the Incoterm stated on the Order acknowledgement.       
    7.    For direct deliveries the Customer shall obtain at its own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of Goods at the named place of destination on the Incoterm as advised by the Company from time to time.
    8.    Any shortage, loss or non-delivery must be notified to the Company within 10 days of the delivery date on the advice note or invoice. The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice providing the Company receives notification within 10 days of delivery.
    9.    The Company shall be entitled to deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
    10.    If the Customer fails to take delivery of the Goods on the date of delivery, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer’s risk and cost.
    Price and Payment
    11.    Unless otherwise agreed in writing by the Company, the price of the Goods shall be that which is stipulated in the Company’s applicable price list (the “Price List”) in force at the date of the Company’s acceptance of the Order. The Price Lists are subject to alteration without notice.  In the case of an Order delivered by instalments, each instalment shall be invoiced at the price stipulated in the Price List in force at the date of despatch of the instalment. Unless otherwise stated by the Company, prices set out in any of the Company’s price lists, quotations and acknowledgement of Order are exclusive of the costs of delivery, packing, insurance or any value added, purchase or other taxes which shall be payable in addition to the price when the price is due.  
    12.    The Company shall be entitled to charge the Customer a surcharge for Orders of less than £250 or €300 excluding VAT or of such value or quantities as notified by the Company to the Customer from time to time.
    13.    The Company shall invoice the Customer for the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched.
    14.    The Customer shall make payment of sums due to the Company in US Dollars by Confirmed, Irrevocable Letter of Credit payable at Sight, unless otherwise agreed by the Company. Time for payment of the Goods (including, without limit, any costs or charges payable) shall be of the essence. Payment shall only be deemed received by the Company upon receipt of cleared funds. The Customer may not withhold or make any deduction from or set off against any payment due to the Company for any reason.
    15.    The Company may charge interest on any outstanding amounts from the due payment date until the date of payment at a rate of 2% above National Westminster Bank plc’s base lending rate from time to time in force.
    16.    The Company will identify on its order form any specific surcharges that may be applied on Orders.
    17.    The Company’s recommended retail prices shall not limit the Customer’s right to set its own resale prices.
    Quality
    18.    Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications, the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or where it is necessary to comply with any applicable standards or legal requirements.
    19.    The Company warrants that on delivery the Goods shall be free from material defects in materials and workmanship. The Company will either replace or refund (at the Company’s option) the price of any Goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery provided that:
          19.1.    the Customer inspects the Goods on delivery and notifies the Company within 10 days of delivery of any alleged defects or damage. Otherwise, the Goods shall be deemed to be in accordance with the Contract and free from any defect or damage which would be apparent upon a reasonable examination;
          19.2.    where a defect would not have been apparent on a reasonable examination under clause 18.1, the Customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 180 days of delivery whichever is earlier;
          19.3.    the Customer provides the Company all information and assistance required to investigate any suspected defect and, if required, permits an inspection of the Goods concerned where they are located: and
          19.4.    the default complained of has not arisen as a result of any drawing, design or specification supplied by the Customer or from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing or whether relating without limit to the fabrication (e.g. the quality or performance of the fabrics), operation, use or maintenance of the Goods), or misuse or alteration or repair of the Goods without the Company’s prior written approval.
    20.    Subject to clauses 20 and 21, clause 18 defines the Company’s full liability in respect of the Goods and all other conditions, warranties or undertakings whether express or implied by statute, common law, custom, usage or otherwise, are excluded to the fullest extent permissible by applicable law.
    Limitation of Liability
    21.    Nothing in these Terms shall exclude or limit the liability of the Company for (i) death or personal injury resulting from its negligence, (ii) fraud or fraudulent misrepresentation, (iii) breach of terms as to title under Section 12 of the Sale of Goods Act 1979 or (iv) any other loss or damage the exclusion or limitation of which is prohibited by English law.
    22.    Subject to clause 21;
         22.1.    the Company shall in no circumstances be liable to the Customer in contract, tort (including negligence), breach of statutory duty, or otherwise, (i) for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or (ii) for damage to the Customer’s reputation or goodwill, or (iii) for any loss resulting from any claim made by any third party, or (iv) any indirect, special or consequential loss or damage of any nature whatsoever; and
         22.2.    the total liability of the Company to the Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not in any circumstances exceed the invoice value of the Goods.
    23.    The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include war or any action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire, flood, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company’s inability to procure materials or supplies. On the occurrence of any such event, the Company may at its discretion, perform, suspend performance of or terminate the Contract.
    Customer Obligations
    24.    The Customer must adhere to the Company’s retail guidelines and online guidelines as notified by the Company from time to time.  In the event that the Customer re-sells the Goods to a wholesale or retail customer, such Goods may only be resold to accounts which meet the Company’s retail guidelines and online guidelines.
    25.    Customers within the EEA shall not:
         25.1.    sell any Goods outside the EEA and/or Switzerland or sell any Goods within the EEA where, to its knowledge, such Goods are intended for re-sale or distribution outside the EEA and/or Switzerland; or
         25.2.    actively approach or solicit customers, nor make active sales of the Goods, to any wholesale or retail account in any EEA country and Switzerland where sales of Goods are either exclusively reserved to the Company or to a third party.
    26.    In the event that a Customer within the EEA re-sells Goods to a wholesale or retail account, the Customer shall include in their conditions of sale a provision that:
    26.1.    Goods may not be sold outside of the EEA and Goods shall not be sold within the EEA where such Goods are intended for re-sale or distribution outside of the EEA; and
         26.2.    Goods may only be re-sold to accounts which meet the Company’s retail guidelines and online guidelines.
    27.    Customers outside of the EEA shall not:
         27.1.    sell any Goods outside of the territory agreed between the Company and the Customer from time to time;
         27.2.    sell any Goods within the territory agreed between the Company and the Customer from time to time where such Goods are intended for re-sale or distribution outside of that territory.    
    28.    In the event that the Customer re-sells Goods to a wholesale or retail account, the Customer shall include in their conditions of sale, a provision that:
         28.1.    Goods may not be sold outside of the territory agreed between the Company and the Customer;
         28.2.    Goods shall not be sold in the Customer’s territory where such Goods are intended for resale or distribution outside of the Customer’s territory; and
         28.3.    Goods may only be re-sold to accounts which meet the Company’s retail guidelines and online guidelines.            
    Title and Risk in the Goods
    29.    Goods shall be at the Customer's risk as soon as they are delivered to the Customer and without limitation to the foregoing the Customer shall be solely responsible for their custody and maintenance;
    30.    The legal and beneficial title to the Goods shall remain the Company’s property until the Company has received unconditional payment in full for:
        30.1.    the Goods; and
        30.2.    all payments to be made by the Customer under the Contract and any other agreement between the Company and the Customer and on any other account whatsoever.
    31.    Until the legal and beneficial title to the Goods passes to the Customer in accordance with these Terms, the Customer shall:
        31.1.    be entitled to re-sell the Goods only in accordance with clause 34;
        31.2.    hold the Goods on a fiduciary basis as bailee for the Company;
        31.3.    keep the Goods labelled as belonging to the Company and separate and identifiable from all other goods in its possession;
        31.4.    not remove, deface or obscure any identifying mark or packaging on or in relation to the Goods;
        31.5.    give the Company such information relating to the Goods as the Company may from time to time request;
        31.6.    immediately notify the Company if it becomes subject to any of the events listed in clause 35.4;
        31.7.    keep the Goods in satisfactory condition and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by the Customer in an amount at least equal to the balance of the payments due hereunder for the same from time to time remaining outstanding.  The policy shall bear an endorsement recording the Company’s interest, and the Customer shall promptly provide a copy of such endorsement at the Company’s request.
    32.    If the Customer does anything, or fails to do anything, which could cause it to become subject to any of the events listed in clause 35.4, or if the Company reasonably believes any such event is about to happen, then:
        32.1.    the Customer’s right to possession of the Goods shall immediately cease;
        32.2.    the Customer’s right to resell the Goods to its clients pursuant to clause 34 shall immediately cease; and
        32.3.    in addition to any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly (or if the Company has any reason to believe the Customer will not do so), enter any premises or land occupied or owned by the Customer to remove the Goods; and
    33.    If the Customer fails to pay for any or all of the Goods in accordance with these Terms, then in addition to any other right or remedy the Company may have:
        33.1.    the Company shall have the power to resell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise; and
        33.2.    the Company and its servants and agents may enter upon any premises or land occupied or owned by the Customer to remove the Goods;
    34.    The Customer expressly shall not be entitled to re-sell the Goods as part of a sale of all or part of the Customer’s business without the prior written consent of the Company, and
        34.1.    may only re-sell the Goods to the Customer’s clients in the ordinary course of the Customer’s trading business as a fiduciary and trustee for the Company; and
        34.2.    without prejudice to the equitable rules as to tracing, in the event of any resale by the Customer of the Goods, the Company's beneficial entitlement shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until such assignment shall be held on trust in a separate identified account for the Company by the Customer and such proceeds shall not be mingled with other monies or paid into any overdrawn bank account and shall at all times be identifiable as the Company’s monies.
    Termination
    35.    Without prejudice to any of its other rights, the Company or any related companies shall have the right to cancel all or any contracts with the Customer and withhold delivery of any Goods if the Customer:-
        35.1.    commits a material breach of any term of the Contract or any contract with the Company or any related companies;
        35.2.    fails to pay any amount due to the Company or any related companies by the due date for payment;
        35.3.    commits a breach of clause 24 - 28 and fails to remedy that breach within 20 days of receipt of notice from the Company specifying the breach;
        35.4.    the Customer compounds with or executes an assignment for the benefit of its creditors or commits any act of bankruptcy or goes into liquidation or has a receiver, administrative receiver or administrator appointed over all or part of its assets or has a third party levy distress on their property, or proposes terms for a company voluntary arrangement or enters into  a company voluntary arrangement or enters into any other scheme of arrangement, whether formal or informal or is placed into any other formal insolvency process or suffers any similar or analogous act; or
        35.5.    goes through a change of control (as defined in s.1124 of the Corporation Tax Act 2010).
    36.    On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Customer’s outstanding unpaid invoices and interest.  Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
    Intellectual Property and Confidentiality
    37.    The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
    38.    Trade marks and/or logos applied to any of the Goods may be used only for the purpose of advertising the Customer’s sale of the Goods provided that the Company’s prior written consent is obtained.
    39.    No rights are granted to the Customer by virtue of its use of the Company’s trade marks or logos.
    40.    The Customer shall keep confidential and not use, without the prior written consent of the Company, any information of a confidential nature supplied or disclosed by the Company to the Customer, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of the Customer, or disclosure of the same is required by law or by a governmental or regulatory body.
    General
    41.    The Customer may not assign or sub-contract any of its rights or the obligations under the Contract without the prior written consent of the Company.  The Company may assign, licence or sub-contract all or any part of its rights or obligations under the Contract.
    42.    A person who is not a party to the Contract shall not have any rights to enforce its terms.
    43.    The Customer shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption and shall act in accordance with the Company’s policies in this regard in all dealings with or on behalf of the Company and the Goods.
    44.    Any part of these Terms or the Contract which is or becomes invalid, illegal or unenforceable shall be deemed modified to the extent necessary to make it valid, legal and enforceable and shall not affect any other part of these Terms or the Contract.
    45.    No waiver or delay by the Company (express or implied) in enforcing any of its rights under a Contract shall prejudice its right to do so in the future.
    46.    No variation of these Terms or the Contract shall be effective unless in writing and signed by the Company.
    47.    Each Contract contains the whole agreement between the parties and supersedes all prior agreements, undertakings and arrangements whether oral or in writing.  All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
    48.    The construction, validity and performance of all Contracts (including any associated non-contractual claims and disputes) between the parties shall be governed by the laws of England & Wales and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any jurisdiction the Company deems appropriate.
     
     

     

    Version: May 2016 © BERGHAUS LIMITED 2016