Terms & Conditions of Service
Dear Climbing Holds Lover,
Before you purchase any of our lovely holds, please read those terms carefully.
These are the terms and conditions on which we supply products to you. Those terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
If you think that there is a mistake in these terms, please contact us to discuss. We are Serious Climbing Limited, a company registered in Wales. Our company's registered number is 8800523 and registered office address is Regus House, Falcon Drive, Cardiff CF10 4RU. Our registered VAT number is 176 8557 54. You can contact us by telephoning our Customer Services team on 07 931 448 428 or by writing to us at email@example.com. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
This website is operated by Serious Climbing Ltd. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
IMPORTANT LEGAL NOTICE
ATTENTION! If you do not agree with website terms contained hereunder, please discontinue use of our website and do not become authorized on the website www.seriousclimbing.com and do not use services of this website.
The following website terms form an integral part of our services. You are advised to read the following terms in entirety and provide your acceptance before you proceed to use our website or services contained therein.
You are required to read these Website Terms carefully before ordering any product or service from our Website, as your purchase of any products and services offered on the Website is subject to these Website Terms. You should understand that by using our services via the Website (whether now or in the future), through any device, which allows you to access our Website, you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our Website and from any mobile application through which you access our Website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile Website, mobile application, affiliate Website or related Website for accessing our Website or services that may be developed from time to time).
Please tick the checkbox confirming that you accept these Website Terms at the end of this document. Please understand that if you refuse to accept these Website Terms, you will not be able to make use of services offered on our Website.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Website Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Website Terms will result in an immediate termination of our services to you.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Website Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our product(s) are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our product(s) that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - DEFECTIVE PRODUCTS
All of our suppliers do their utmost to deliver products that are compliant with the current standards and regulations. However, this is real manufacturing, and unfortunately, manufacturing defects do still happen.
In the event that you notice a manufacturing defect on the products you received, please contact us immediately at firstname.lastname@example.org
If it is found that the products must be returned, we will issue a return notice, for which the validity is 1 month, after which no products will be accepted for return.
The return shall be followed by an exchange or refund of purchase price by credit depending on product(s) availability.
In the event of product(s) defectiveness, please do not use the product(s), and take all measures to minimize losses, liabilities and costs.
This warranty does not apply if the defect is due to the wrong use of a product(s), or if the faulty operation results from unauthorized interference with the product(s), or if malfunction results from normal wear and tear on the product(s), from negligence, or from misuse.
Serious Climbing Ltd reserves the right to check and test the returned product(s). The return shall be taken into account only if the defectiveness is proven.
SECTION 7 - TORN OR OPENED PACKAGING
Where product(s) received is found torn, damaged or packaging opened on arrival, please refuse delivery such product(s). You can return such product(s) in the cooling period and we will reimburse you all cost of product, its delivery as well as return. We will take the appropriate actions to re-send the goods - once checked - directly to you.
However, you must contact us immediately.
Any broken holds and/or volumes must be notified to us immediately. User(s)/customer(s) have 30 days to make a return of the product(s). After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement (up until six (6) months, after which we shall not be responsible for the product).
Also see our Return and Refund Policy.
SECTION 8- RETURNS AND REFUNDS
All products purchased through our Website shall be eligible for return or refund in accordance with Consumer Act Rights 2015.
There is an automatic cooling off period in which you can cancel an order. This starts as soon as you place the order and ends 14 days from the day you receive the items. You must inform us if you wish to return any items during this 14 day period, then you have a further 7 days to send the goods back. However, this cooling off period does not apply where product has been customized or made on order. There is no return or refund of such product(s);
Where items are returned within this cooling off period, we will refund the cost of the items plus any basic delivery charges that were made at the time of purchase. However, we will not be responsible for returning cost of the product(s) through any medium of delivery and it shall solely be the user’s/customer’s responsibility;
All holds purchased as ‘new’ or ‘not in stock’ cannot be returned for the reason that they are custom made to suit the user’s/customer’s colour requirements;
Additionally also see our Returns and Refunds Policy
SECTION 9 - HOW TO MAKE A RETURN OR CLAIM REFUND
For any return, please contact us at email@example.com. Do not return the product(s) to the manufacturer or directly to us. Please contact us so we can give you the correct return address, as this will depend on provenance of the product(s).
If you consider a product(s) defective or below expectation, please contact us at firstname.lastname@example.org
Note that all such queries must be made within 2 weeks of receiving the order. We cannot guarantee that we will be able to solve queries made later than within 2 weeks of delivery.
We will review the issue, and where our experts consider the product(s) to be below standards of merchantability, we will issue a return notice and replace the product(s). In the event that the product(s) is no longer available, we will issue a full refund for the product(s).
You are strongly advised never to use a hold that looks damaged from the outset. This could pose a serious health risk.
Additionally also see our Returns and Refunds Policy
SECTION 10- DUTY TO TAKE CAUTION
Rock Climbing and Bouldering whether practiced indoors or outdoors, are inherently dangerous involving risk of personal injury or death. Participant(s) in these activities should be aware of and accept such risks and be responsible for their own actions and involvement. We, www.seriousclimbing.com, disclaim all liability that may arise due to participation in such activity. Participant(s) and user(s) are hereby forewarned.
SECTION 11 - DELIVERY OF PRODUCTS ORDERED ON OUR WEBSITE
We take orders for delivery, with regard to products that are available on our Website, from customers around the world. Sometimes, we would go directly to manufacturer for a certain product ordered online and request the same to be delivered directly at customer’s doorstep. This process is also called Drop Shipping. The product goes from its place of manufacture and is sent directly to the customer. Where we provide customer ease of product availability and delivery, we cannot guarantee timely delivery of product for following reason(s)
- We are not the manufacturers;
- We do not ship them from our warehouse;
In case your delivery is unexpectedly late, please contact us as soon as possible at email@example.com;
SECTION 12- ESTIMATED DELIVERY TIME FRAMES
We try to follow up with manufacturer(s) of customer ordered product(s), however, we cannot guarantee time frames. In exceptional cases, product(s) delivery may take as long as sixteen (16) weeks, before being delivered at customer’s doorstep. All orders made on our Website are made with full acknowledgment that we are making access and availability of various brands under the umbrella of our Website. We are only liable for early delivery where we deliver the product(s) from our stock or warehouse;
For Delivery time frames for Holds and Volumes we endeavor to deliver Holds and Volumes ordered on our Website directly to customer within 15 working days from receipt of order. However, these are estimated time frames and we disclaim all liability arising from any inordinate delays caused for reasons beyond our control. This may include fault of carrier responsible for delivery;
SECTION 13- PRODUCT SAFETY AND INSTRUCTIONS
It is your responsibility, to use the product(s) ordered from our Website, in a safe manner and seek professional guidance where necessary. It is strongly advised that in public climbing facility area(s), climbing holds and volumes should be fitted to the wall by professional route setters following technical guidelines available on our Website.
We disclaim all liability for personal injury, which may arise due to negligent route setting or improper guidance given by any professional. Technical guidelines available on our Website are available for educational purposes only. Any route setting or climbing hold or volume fitting is the responsibility of customer(s) of the product(s).
Where ordered product(s) are to be used in a private setting, customer(s) are strongly advised to follow technical guidelines to fit holds and volumes to the wall. It is stressed that professional advice must also be sought for fitting of holds and volumes to the wall.
Customer(s) are advised to check that holds are correctly tightened, and use both the bolthole and woodscrew pinning hole whenever both are available. Using a bolt on its own will not guarantee that the hold will not spin when weighted.
When holds and volumes are fitted, users are advised to ensure that bolts and screws are tightly fastened. They should not be fitted on walls or areas, which show signs of cracks or breaking.
It is your responsibility as a user or participant to ensure that whilst fitting holds and volumes, you take care of surrounding environment, particularly those who are around you at the time of installation of these holds and volumes. You must not allow anyone to pass under the holds or volumes whilst during installation as it may pose risk of personal injury;
We disclaim all personal injury liability, including death from such injury, to you or other members of public who use or who are around these installations.
SECTION 14 – COLOUR VARIATIONS OF PRODUCT (S)
We do not guarantee that colour of holds will match the exact colour of RAL standard. RAL colour standard is given on our Website as an indication only. The final product colour may vary from the shown or selected RAL colour chart sample and may differ from one manufacturer to another. We disclaim all liability with regards to product falling below expectations of the user(s)/customer(s) as not being of the colour that the user(s)/customer(s) had originally perceived. This shall not be considered as a fault or defect of the product
SECTION 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 16 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Website Terms.
SECTION 17 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 18 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Website Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 19 - PERSONAL INFORMATION
SECTION 20 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related Website should be taken to indicate that all information in the service or on any related Website has been modified or updated.
SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Website Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Serious Climbing Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 23 - INDEMNIFICATION
We cannot accept any liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity.
You agree to indemnify, defend and hold harmless Serious Climbing Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Website Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 24 - SEVERABILITY
In the event that any provision of these Website Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Website Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 25 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Website Terms are effective unless and until terminated by either you or us. You may terminate these Website Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Website Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 26 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Website Terms shall not constitute a waiver of such right or provision.
These Website Terms and any policies or operating rules posted by us on this site or in respect to The service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Website Terms).
Any ambiguities in the interpretation of these Website Terms shall not be construed against the drafting party.
SECTION 27 - GOVERNING LAW
These Website Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales.
SECTION 28 - CHANGES TO WEBSITE TERMS
You can review the most current version of the Website Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Website Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Website Terms constitutes acceptance of those changes.
SECTION 29 - CONTACT INFORMATIONQuestions about the Website Terms should be sent to us at firstname.lastname@example.org.