Terms & Conditions of Sale
CONDITIONS OF USE
Please read these Conditions of Use ("Conditions") carefully before using hydroflask.com/uk-en (the "Site") as they govern your use of the Site. By using the Site, you confirm that you accept these Conditions and that you agree to comply with them. If you do not agree to these Conditions, you must not use our Site.
References in these Conditions to "us", or "we" or "our" are references to Kaz Europe Sàrl, a company incorporated in Switzerland, under company number CH-550-1046852-3. Our registered office is at Route de la Chaux 4, 1030 Bussigny sur Lausanne, Switzerland. References to “you” or “your” are references to the user of the Site. You may contact us here or by telephone on: 0207 660 6937.
We may modify these Conditions from time to time therefore please review the Conditions whenever you use the Site as any changes are binding on you from the date that we make them. If you have registered your information with us, we will provide you notice via email of any such changes to these Conditions.
These Conditions are only available in the English language.
OTHER APPLICABLE TERMS
ACCESS TO THE SITE, CHANGES AND UPDATES
We shall endeavour to provide uninterrupted access to the Site, but we cannot and do not guarantee to do so. Access to all or any part of the Site may be restricted from time to time to allow for repairs, maintenance or updating. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. We may update, amend, suspend, withdraw, discontinue or change all or any part of our Site and/or its content at any time and without notice. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Conditions and that they comply with them.
You may only use the Site for your own domestic, private and non-commercial use.
INTELLECTUAL PROPERTY NOTICE
This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it including the Hydro Flask® logos and trademarks (together "Content") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.
Any communications or materials you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Site to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
THIRD PARTY CONTENT AND LINKS
We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We have no control over such content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
The inclusion of any advertising or any sponsorship material on the Site does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.
We do not guarantee that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. You should therefore use your own virus protection software.
You agree that you will not knowingly introduce to our Site viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
USE RESTRICTIONS AND LOCAL LAWS AND REGULATIONS
Our site is directed to consumers residing in the UK. UK residents may access and view the Content (as defined above) appearing on this Site for personal, non-commercial use only.
We do not represent that content available on or through our Site is appropriate or available in other jurisdictions.
LIMITATION OF LIABILITY
Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English Law.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you. These are set out in our Terms & Conditions of Sale.
Nothing in these Conditions affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
VALIDITY OF PROVISIONS AND REMEDIES
If any provision of these Conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these Conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
GOVERNING LAW AND JURISDICTION
These Conditions are governed by the laws of England and Wales. This means that any dispute (contractual or non-contractual) or claim arising out of or in connection with these Conditions will be governed by English law.
You and we both agree that the court of England and Wales will have exclusive jurisdiction in respect of any dispute arising under or in connection with these Conditions and/or your use of this Site. However, as a consumer, if you live in Scotland you can bring legal proceedings in relation to any dispute in either the Scottish or the English courts; and if you live in Northern Ireland you can bring legal proceedings in relation to any dispute in either the Northern Irish or the English courts.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
EUROPEAN COMMISSION ODR PLATFORM
For information on the European Commission's online dispute resolution platform, please visit http://ec.europa.eu/consumers/odr/
TERMS OF SALES
1.1 These terms of sale ("Terms") apply to all orders for product(s) that are placed via www.hydroflask.com/uk-en/ (the "Site").
1.2 References in these Terms to "us", or "we" or "our" are references to KAZ Europe Sàrl, a company incorporated in Switzerland, under company number 2990768. Our registered office is at KAZ Europe Sàrl,Route de la Chaux 4, 1030 Bussigny sur Lausanne, Switzerland and our registered VAT number is 656228229. References to 'you' or “your” are references to the customer placing an order via our Site. You may contact our customer service team.
1.3 Please read these Terms carefully before placing an order. You will be asked to confirm your acceptance of these Terms each time you place an order.
1.4 We may amend these Terms from time to time. You will be informed of any significant modification. Please review and accept the applicable Terms each time that you place an order. The Terms that apply to you will be those in force on the date you place your order.
2.1 You do not need to register to place an order via the Site but have the option to do so. Registering to use the Site will make it easier for you to place orders in the future.
3. PLACING YOUR ORDER
3.1 To place an order, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order. Notwithstanding your cancellation right, please check your order carefully as you will not be amend it once we have received it.
3.2 You must be at least 18 years old and a resident of the United Kingdom to place an order via the Site.
3.3 When we receive your order, we will send you an e-mail confirming receipt of your order and the details of your order. This email is an acknowledgement that we have received your order. We will send you an e-mail confirming that we have dispatched the product(s) you have ordered to you ("Shipping Confirmation").
3.4 If for any reason we are unable to supply you with a product that you have ordered, for example because it is not in stock or is no longer available, or because of an error in the price(s) on our Site as referred to in Section 4.2 below, we will notify you and give you the opportunity to cancel or amend your order.
4.1 All prices shown on our Site are in Pound Sterling and are inclusive of VAT in the respective legally prescribed amount.
4.2 Our Site contains a large number of products, and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. Where we discover that the correct price of a product is higher than the price stated on our Site, we will normally honour the stated price; however, where we feel that the pricing error was obvious, and ought reasonably to have been recognised by you as an error, we may, at our discretion, contact you and ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to reject and/or cancel your order.
4.3 Our prices do not include delivery charges. Please see Section 5 below for details of our delivery options and charges.
4.4 Payment may be made by credit card. We accept payment with Mastercard or Visa. We will charge your credit card at the time we dispatch your product(s) to you. Payments are debited in Pound Sterling.
5.1 We only deliver to addresses within the United Kingdom.
5.2 We offer the following types of delivery service:
- 3-5 working days
- Free on all orders over £ 35,00
- £ 3.95 delivery fee on orders up to £ 35,00
Next Day Delivery
- For next day delivery orders must be placed by 2pm Monday-Friday.
- Orders placed after 2pm on a Friday will be delivered on a Monday.
- £ 16.90 next-day delivery fee
5.3 We will endeavor to fulfil your order by the delivery date set out in the Dispatch Confirmation, but all delivery dates and times are estimates only.
5.4 Larger items must be signed for upon delivery. If you are not in to receive your product(s), please follow the instructions on the card left by the carrier to arrange a re-delivery.
5.5 Ownership of the product(s) will pass to you when we receive full payment of all sums due in respect of the products. The products will be at your risk from the time you (or a third party identified to us by you other than our carrier) take physical possession of the products.
5.6 Any products purchased from us are for your personal and private use only (which may include their use as gifts for third parties). Products may not be re-sold or otherwise used for commercial or business purposes. We reserve the right to refuse an order where we believe it is being placed for resale or other commercial purposes.
6. YOUR RIGHT TO CANCEL
6.1 As a consumer you have in accordance with the rules described in the attachment below a right to cancel a Contract concluded through this Site within 14 days.
6.2 The cancellation period in respect of product(s) ordered by you will expire after 14 days from the day on which you acquire (or a third party other than the carrier who you have notified to us acquires) physical possession of the product(s). To meet the cancellation deadline, it is sufficient for you to send your communication notifying us of your exercise of your cancellation rights before the cancellation period expires.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel the relevant Contract by a clear statement (e.g. by letter sent by post or email). You can do this by contacting our customer service team.
7. RETURNING YOUR PRODUCT(S)
If you exercise your right to cancel, you will need to return your product(s) to us. Please contact our customer service team , package the goods in their original packaging with any product tags intact. Secure the package, affix the returns label to it and take the package to the nearest DHL collection point. Please ensure that you obtain and retain proof of posting.
8.1 If you cancel an order, we will reimburse to you all payments received from you, including the costs of standard delivery. We do not refund express delivery charges.
8.2 We will reimburse you without undue delay and in any event within 14 days after the day we have received the product(s) back from you or, if earlier, 14 days after the day you provide us with evidence that you have returned the products to us.
8.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.
9. OUR LIABILITY
9.1 We are under a legal duty to supply products that are in conformity with our Contract with you. We are under a legal duty to supply products that are in conformity with our Contract with you. Nothing in these Terms will affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website at www.citizensadvice.org.uk.
9.2 We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.3 We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms or if the loss of damage could be contemplated by you and us at the time your order is accepted by us. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
9.4 As products purchased from us are for your personal and private use only, we have no liability to you for any loss of profit or business, business interruption or loss of business opportunity.
9.5 The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected. The limitations of liability also apply to the benefit of our legal representatives and vicarious agents if claims are asserted directly against them. The limitations of liability shall not apply if the defect was fraudulently concealed by us or a guarantee was given for the quality of the item. The same shall apply if we and you have reached an agreement on the quality of the item.
9.6 Concerning products sold on this website, you may benefit from the statutory warranty of conformity and the statutory of latent defect.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under a Contract:
1. (a) we will contact you as soon as reasonably possible to notify you;
2. (b) our obligations under that Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of product(s) to you, we will arrange a new delivery date with you after the event is over; and
3. (c) if we cannot perform our obligations under a Contract affected by an event beyond our reasonable control, you may choose to cancel that Contract. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
11. COMPLAINTS AND DISPUTES
If you have a dispute with us relating to any product(s) you have purchased, please contact our customer service team. We hope to settle any disputes that might arise informally. If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving a dispute using mediation or arbitration, based on the nature of the dispute. You will also have the option of resolving the dispute using court action if you wish to do so.
12. OTHER IMPORTANT TERMS
12.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract or any of our rights or obligations arising under it, at any time provided your legal and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms. You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing that you may do so.
12.2 Each of the provision of these Terms operates separately. If any provision or part-provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
12.3 These Terms and any Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms.
12.4 The terms and conditions stipulated herein are complete and final. Amendments and changes of these Terms shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.
12.5 Contracts for the purchase of products through our Site and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by British law.
Terms last updated: 01/07/2020