Terms & Conditions
Terms of Sale
As of December 13, 2013
Icebreaker Pure Merino GmbH, Schiffbauerweg 1, 82319 Starnberg, München HRB 175570, Ust-IdNr: DE261804129 (“Icebreaker Germany”) is a subsidiary of Icebreaker Nature Clothing, ("Icebreaker") and leads the sales from this Web site eu.icebreaker.com ("Site") through its own behalf. If you buy a product on the Site it creates a contractual relationship with Icebreaker Germany and is subject to the following terms and conditions ("Terms of Sale").
By ordering a product on this Site or another Icebreaker online store (the "Websites") you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Icebreaker or Icebreaker Germany, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions as amended by Icebreaker from time to time.
2. Your Account
When you purchase from the Site, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
3. Product Information Errors
Icebreaker attempts to be as accurate as possible and eliminate errors on the Site. However, we do not warrant that product descriptions, photographs, pricing or other content on the Sites is accurate, complete, reliable, current, or error-free. If a product is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right, at our sole discretion, to correct such error and charge the correct price or to cancel the order. Your sole remedy in the event of such error is to cancel your order.
4. Product Availability and Pricing
Icebreaker may change or discontinue products at any time without prior notice. Products may become unavailable to customers even after an order is placed. In such cases we will work with you to either provide a credit or substitute a similar product and apply any price differences to your order. All prices on products include value added tax (VAT). All prices are subject to change without notice.
5. Terms of Payment
The Site currently accepts payment via credit card (VISA and MasterCard) and via PayPal.
6. Shipping Terms and Policies
We strive to execute all orders for in stock items within 1-2 business days. The warehouse we use is operated by Meyer & Meyer Logistikzentrum Osnabrück GmbH & Co.KG. Shipping by ground only and is usually done via DHL and may take 2-4 business days. The shipping costs for your order are listed clearly on the Site during the checkout process. Please find detailed information here. Subject to change.
You can return any product you purchased directly from Icebreaker Germany as long as it is unworn, unwashed, and in the original packaging. This may be returned for a refund or exchange for any reason within 14 days from the ship date. Icebreaker Germany pays for the cost of return shipping. For more information visit the returns page on eu.icebreaker.com.
Icebreaker will replace your Icebreaker garment within two (2) years of purchase if it has been damaged by faulty fabric, stitching or manufacturing. Please return your garment as soon as possible so we can assess its condition and send you a replacement. Damage that occurs after two years is usually caused by wear and tear. For information on how to process a warranty return, please use our warranty, send an email to firstname.lastname@example.org, or call 00800 111 222 99
9. Applicable Law
These general Terms of Sale and your purchase of products on the Site are subject to the right of the Federal Republic of Germany without resort to its Kollisionsnormen and under exclusion of the UN-Kaufrechts (CISG).
10. Salvatori Clause
If any aspect of these Terms of Sale should be void, the remaining aspects of the Terms of Sale continue to have full effect. For the affected aspect of the Terms of Sale, the applicable regulations and laws will apply.
11. Limitation of Liability
Icebreaker and Icebreaker Germany will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. To the full extent permitted by law, Icebreaker and Icebreaker Germany’s sole liability shall be limited to the amount actually paid for the purchase of products from this site.
12. Contact Information
Welcome to Icebreaker.com. Icebreaker.com provides its services to you subject to the following conditions. If you visit or shop at Icebreaker.com, you accept these conditions. Please read them carefully.
Backpacking, Ice Climbing, Rock Climbing, Mountaineering, Backcountry Skiing and ALL mountain activities imply many hazards which could result in serious injury or death. All participants in these activities must assume responsibility for themselves, their safety and their actions. The information on Icebreaker.com is NOT intended to serve as an instruction manual for these activities and is NOT a substitute for proper training and instruction.
There are no warranties, whether express or implied, that information provided at this web site is accurate or reliable. There are no warranties of fitness or timeliness for a particular purpose or that this web site is merchantable. Your use of this web site indicates your assumption of the risk that it may contain errors and is an acknowledgement of your own sole responsibility for your hiking, backpacking, and mountaineering safety.
Regarding your privacy
Regarding your account with us
If you use this site, you are responsible for maintaining the secrecy of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Icebreaker.com does sell items for children, but it only sells them to adults, who can purchase with a credit card. If you are under 18, you may use Icebreaker.com only with involvement of a parent or guardian. Icebreaker.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
All items purchased from Icebreaker.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping agent.
Accuracy of product descriptions
Icebreaker.com attempts to be as accurate as possible. However, Icebreaker.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition to us.
Disclaimer of warranties and limitation of liability
This site is provided by Icebreaker.com on an «as is» and «as available» basis. Icebreaker.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Icebreaker.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Icebreaker.com does not warrant that this site, its servers, or e-mail sent from Icebreaker.com are free of viruses or other harmful components. Icebreaker.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws 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.
Application of law
By visiting Icebreaker.com, you agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Icebreaker.com.
Other policies, modifications and severability
Please review our other policies, posted on this site. These policies also cover your visit to Icebreaker.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Icebreaker Pure Merino GmbH
Tel: 00800 111 222 99
General Manager: Peter Ottervanger, Jeremy Moon, Rob Fyfe
Entry in Commercial Register: Munich HRB 175570
VAT Reg No: DE261804129