These are the general terms and conditions of Triclimb governing your use of the Site.
- What you are allowed to do
1.1 purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and triclimb.co.uk for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;
1.2 browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;
1.3 print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.
- What you are not allowed to do
2.1 you may not remove or change anything on the Shop;
2.2 you are not allowed to copy or use any material from the Shop for any commercial purpose, unless permission has been indicated on the Site in connection with a Creative Commons License.
2.3 you are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.
- Your personal information
- Usernames and Passwords
4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;
4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify triclimb.co.uk of such failure or error.
5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trade marks and logos) contained in these Site is either owned by triclimb.co.uk or has been licensed to triclimb.co.uk by the rights owner(s) so that triclimb.co.uk can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.
5.2 Certain parts of this Site and certain works sold through the Shop are made available under Creative Commons license(s) www.creativecommons.org. triclimb.co.uk’s related policies are outlined in section 4 – Creative Commons Licensing Policies.
- Third party web sites
6.1 This Shop also contains links to other third party web sites, which are not under the control of and are not maintained by triclimb.co.uk. Any such links do not constitute an endorsement by triclimb.co.uk of any products or services available on such sites. triclimb.co.uk provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
- Suspension and termination of accounts
7.1 triclimb.co.uk may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;
- shop or complaints
8.1 If you have any shop or complaints about the Site then please address them to:
8 Griffin Enterprise Park, penrhyndeudraeth, Gwynedd LL48 6LE
Email: hello “at” triclimb.co.uk
- General and governing law
9.2 This Agreement constitutes the entire agreement between triclimb.co.uk and you and supersedes all prior agreements, representations, statements and understandings between triclimb.co.uk and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
9.3 The failure of triclimb.co.uk to exercise or enforce any right or provision of this Agreement or the delay by triclimb.co.uk in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
9.4 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising therefrom.
- Terms of Sale: Shop
10.1. The Sales Terms
Should you purchase any goods from the Shop, you will be contracting with triclimb.co.uk on the terms outlined below. Please read these terms and conditions carefully.
10.2 These Terms of Sale (“Sales Terms”) govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If triclimb.co.uk accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
10.3 Please note that triclimb.co.uk reserves the right to amend the Sales Terms from time to time. triclimb.co.uk will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as triclimb.co.uk publish them on the Shop (with the exception that any orders that triclimb.co.uk have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after triclimb.co.uk has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.
- Availability of the goods supplied by the Shop
11.1 triclimb.co.uk may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. triclimb.co.uk may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings on the Shop.
- Buying goods from this Shop
12.1 Pricing policy – triclimb.co.uk may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate. The VAT inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. triclimb.co.uk may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
12.2 Conclusion of Contract of Sale -The information relating to triclimb.co.uk’s goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase a product from www.triclimb.co.uk , we will send you an e-mail 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 e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
12.3 Method of payment – For orders placed via the Shop, triclimb.co.uk accepts Visa, Mastercard and bank Maestro cards. triclimb.co.uk does not accept American Express, Diner’s Club, Solo. When making your payment, it is imperative that you provide the information that triclimb.co.uk specify is required, for example, cardholder’s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when triclimb.co.uk confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until triclimb.co.uk has received payment in full.
If you have not received your goods within the above timeframe, please contact our customer services department by email at hello “at” triclimb.co.uk . We can ship most items worldwide. Additional charges will apply for all international shipping.
12.4 Out of stocks – If any item you have chosen is unavailable, triclimb.co.uk will contact you via phone or your email address and set out the options that are available to you.
12.5 Return of goods policy – We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, if possible in the original packaging (with your customer advice note) and in a re-sellable condition within 30 days of the date of receipt and we will refund your money or send you a replacement – no questions asked. We politely request that any items returned under triclimb.co.uk’s 30 days returns policy are in original packaging and in a re-saleable condition. We reserve the right to charge a re-stocking fee if returns items or their packaging are not in the same condition as when we despatched them to you. We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order. The triclimb.co.uk guarantee is in addition to your consumer rights.
When you send your item back to us, we’ll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return however it is usually much quicker than this. Please note that the costs for returning the item to us are at your own cost.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning it to us.
Underwear and swimwear returns – please note that returns on such products are excluded from our general returns policy for obvious hygiene reasons. Please ensure that underwear is tried on over your own underwear. We reserve the right to refuse returns of underwear items where it is apparent that this has not been the case.
12.6 Cancellation Policy – Please note that you have a legal right to cancel your order within 14 days of the date of receipt of the goods (provided the goods are returned to us in an unused condition in the original packaging together with a copy of the receipt. By returning, packing securely and enclosing the advice note and sending it back to triclimb.co.uk 8 Griffin Enterprise Park, penrhyndeudraeth, Gwynedd, LL48 6LE, United Kingdom, a refund will be provided within 14 days of the date of cancellation.
12.7 Legal age – triclimb.co.uk does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use triclimb.co.uk only with the involvement of a parent or guardian.
In accordance with UK law when you place an order for alcoholic beverages with triclimb.co.uk from the Shop you warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts.
12.8 Vouchers & discounts – From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact hello “at” triclimb.co.uk if you have any questions about redeeming a voucher code
12.9 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
12.10 Worldwide duties and taxes – If your delivery address is outside the UK you may be required to pay import duties and taxes when your Triclimb order reaches your country. These and any additional customs and clearance charges are your responsibility and will not be paid for by Triclimb.
12.11 triclimb.co.uk Gift Voucher Terms
- triclimb.co.uk gift vouchers can be used to purchase goods online at triclimb.co.uk or over the phone.
- Gift vouchers and unused portions of gift vouchers expire two years from the date of issuance.
- triclimb.co.uk gift vouchers can only be used once.
- The total value of the gift voucher will be applied against the total order including VAT. If the goods purchased online total less than the value of the gift voucher, the remaining balance cannot be carried over or used on future purchases. If your order exceeds the amount of your gift voucher, you must pay for the balance with an approved credit card, debit card or by cheque.
- Promotional offers, coupons and discounts may not be applied toward the purchase of a triclimb.co.uk gift voucher.
- When redeeming gift vouchers online or over the phone you will be required to provide the voucher number printed on the gift voucher. You may also be required to provide additional evidence of the voucher itself, which may include you needing to post the voucher to Triclimb as part of the redemption process.
- If you have to return goods for credit originally purchased online using gift voucher(s), then in most instances you will receive another voucher code to use on a future purchase.
- The cash value of a gift voucher is 0.001p.
- Gift vouchers cannot be used to purchase other gift vouchers.
- triclimb.co.uk is not responsible for lost or stolen gift vouchers.
- No VAT is charged when buying a gift voucher; however, purchases paid for with a gift voucher will be charged applicable VAT.
- Gift vouchers given away for promotional purposes may not be used in conjunction with other offer or promotion codes
13.1 Collection of Information
In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. During registration you are required to give information including your e-mail address. In addition, you may choose to provide triclimb.co.uk with additional information about yourself.
Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about triclimb.co.uk and our products and services, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you.
Where you request information from us, triclimb.co.uk or one of our approved partners will contact you to provide you with the requested information.
13.2 Children’s Information
Information gathered by us concerning Visitors under the age of 16 will be used by us strictly as necessary for the provision or supply of appropriate goods and services only and for no other purpose.
13.3 How We Use The Information That We Gather
triclimb.co.uk use information obtained from Site users as stated in this Policy and to enhance users’ experiences on the Site. triclimb.co.uk does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
In our effort to provide you with services customised to your interests, we use “cookies” to assist in the collection of information. A cookie is a small data file containing information that is sent to your browser from a web server and stored on your computer’s hard drive.
Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user’s movement, and gather broad demographic information for aggregate use.
Payments are handled through a 3rd party system called Sage Pay. This is a fully encrypted service.
13.7 Correction/Updating Personal Information
If you have registered to purchase from the Shop and would like to change your details, please email hello “at” triclimb.co.uk Keep in mind, however, that there will be residual information that will remain within triclimb.co.uk’s databases, access logs, and other records, which may or may not contain such personally identifiable information.
You may also opt out of receiving our newsletters and/or promotional information from triclimb.co.uk and/or from third parties affiliated with triclimb.co.uk at any time. If you receive unwanted emails from triclimb.co.uk, you can opt-out by following the instructions and links on the bottom of emails from triclimb.co.uk.
- Social media giveaways
Giveaways are open to all customers unless otherwise stated. Prizes will be stated within each giveaway
The start time and end time will be stated within each giveaway post
Winners are chosen at random unless otherwise stated and winners will be notified within 7 days of the competition end time
If a winner has not replied within one week of being notified, Triclimb will be entitled to select another winner
There is no cash or other alternative for prizes
In the event of unforeseen circumstances Triclimb reserves the right to provide an alternative prize of equal or greater value to the offered giveaway prize
Prizes are non-transferable
The winner’s name may be published on our news and social media pages and will be ask to contact Triclimb to claim their prize
Triclimb accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the prize draw or accepting the prize
- Social media image usage rights
If you engage with our social media accounts via Twitter, Instagram, Facebook or other social media channels, we might ask if we are able to use your imagery across the Triclimb website and Social Media. By replying to Triclimb and providing your permission, you represent and warrant that you own the image and there are no other entities with ownership claims over it. You grant Triclimb a non-exclusive and non-revocable commercial right to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), through our own services throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your image may be used by Triclimb either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Triclimb will make reasonable efforts to give you credit for your photo in some form such as a tag, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given. You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work. Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. If you don’t agree to these terms, we completely understand and no further action is required.
If you share an image with us as a condition of entry to a Triclimb compeition/giveaway you are agreeing to these social media usage rights. Please be aware that competitions/giveaways attract large numbers of entries and so credits for photos are often not provided. By entering a Triclimb competition/giveaway with the use of a specific hashtag on publicly visible social media such as Facebook, Instagram or Twitter you grant Triclimb commercial right to reproduce the image in any form.
We are truly honoured to see Triclimb as a part of your page/feed and we love seeing your photos. Thanks for sharing and if you have any questions please contact us.
- Selling Our Products
16.1 We expect you to display the Products to best effect and to ensure that our brand is represented fairly and correctly. Triclimb is an ethical business, and we expect you to observe and uphold our ethical practices accordingly.
16.2 You should not do anything which might misrepresent the Triclimb brand or be defamatory, libellous, constitute harassment or in any way undermines, devalues or adversely affects the Triclimb brand.
16.3 You are only permitted to sell the Products to individual customers (consumers) via the sales channel(s)/premises which have been agreed in advance with Triclimb.
16.4 You may only sell the Products to end customers from retail outlets or online websites which are wholly owned and operated by you and which bear substantially the same name as your trading name (unless otherwise agreed by us in writing). Where we agree that the Products are to be sold only in a particular retail outlet or online website of yours they shall not be sold in or via any other retail outlet or online website operated by you unless agreed by us in writing.
16.5 From the date of the first Contract between us you shall not be permitted to alter the medium from which you sell the Products (including changing from retail outlet to online website or vice versa).
16.6 No sales of our Products via online auction or distribution websites, including but not limited to, Ebay, Amazon, discount websites, second hand goods’ websites or social media pages or groups will be permitted by us.
16.7 You are not permitted to re-sell or re-distribute any Products to non-consumers. This includes, but is not limited to, sale of the Products via agents or distributors, or on Ebay, Amazon, discount websites, second hand goods’ websites or social media pages or groups.
16.8 We ask that only authorised Triclimb images be used in all marketing of our Products by you and on your website and in all locations that you are authorised to sell our Products. We will make images available to you before each Season Drop is launched and we will supply you with point of sale materials each Season for this purpose. If you wish to commission and use your own images of our Products you should first seek written permission by emailing hello @ triclimb .co.uk If permission is granted, we shall notify you of any restrictions or conditions relating to your use of such images.
- Accuracy of content
17.1 We have taken all due care to ensure that the prices quoted on our Website and in our marketing material are correct at the time of publishing and that all Products have been fairly described. However, we will not accept liability for any errors or omissions in any Triclimb materials, including but not limited to, the description and specifications of the Products or their prices as advertised on our Website or in our marketing material. If we discover that you have placed an Order for a Product, based on an error or omission, we will not accept that Order and we will contact you to discuss how we will address the situation.
17.2 Please note that slight variations in colour and size may occur due to the nature of production.
17.3 We reserve the right to change any content on the Website including, but not limited to, descriptions, specifications and prices of Products at any time without prior notice. We may, by giving notice to you at any time before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to: (a) any factor beyond our control; (b) any request by you to change the delivery date(s); or (c) any delay caused by any of your instructions or failure by you to give us adequate or accurate information or instructions.
18.1 Subject as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
18.2 Subject to the conditions set out below we warrant that the Products will at the time of delivery correspond with their specification and will be free from material defects in material and workmanship at the time of their delivery.
18.3 The warranty at 7.2 is given by us subject to the following conditions: (a) we have no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, alteration or repair undertaken without our approval. (b) we provide no warranty if the total price for the Products has not been paid for by the agreed payment date.
18.4 Any claim by you which is based on any defect in the quality or condition of the Products shall be made in accordance with clause 20 below.
18.5 Any claim by you which is based on short shipment or no delivery shall be notified to us in accordance with clause 19 below.
18.6 Where any valid claim is made by you in respect of defective Products, we are entitled to replace the Products and shall have no further liability to you.
- Termination of your trade account
19.1 We shall sell the Products to you on an order by order basis and may, in our sole discretion, cease accepting orders from you at any time.
19.2 Additionally, we may terminate your trade account and refuse to supply you with any further Product(s) at any time, without notice, if: (a) you are found to have breached any clause in these Terms and Conditions; or (b) you fail to pay, upon demand, any sum due to us; or (c) you face, or are under significant threat of facing, insolvency proceedings.
19.3 If your trade account is terminated in this way, we shall notify you as soon as is practicable.
19.4 Upon termination, we shall take steps to recover from you any stock not yet paid for, in accordance with clause 15. In the event of termination by us in accordance with this clause we shall not be liable for any loss you suffer, including, but not limited to, any loss of profit you were expecting to make on Products for which you had placed an Order with us and any other consequential loss, howsoever arising.
20.1 If you do not receive the Products ordered from us within fourteen (14) days of receipt by you of a dispatch confirmation email from us or our carrier, we will have no liability to you unless you notify us in writing at our contact address of the problem within twenty-one (21) days of receipt by you of the dispatch confirmation email. If you notify us of such a problem, our only obligation will be (at our election): (a) to make good any shortage or non-delivery; (b) to replace or repair any Products that are deemed by our garment technicians to be faulty; or (c) to refund to you the amount paid by you for the Products in question in whatever way we choose.
20.2 Nothing in these Terms and Conditions shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
20.3 Subject to the wording above, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and Conditions.
20.4 Our total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the price of the Products in the Order constituting the Contract out of which the losses are alleged to arise.
20.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
- Force Majeure
Neither we nor you shall be liable for any failure or delay in performing our respective obligations under these Terms and Conditions to the extent that such failure or delay is caused by a ‘Force Majeure Event’. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving our own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.