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RAB® – TERMS AND CONDITIONS

These terms and conditions of use (“Terms”) for https://rab.equipment/CA (the “Website”) are a legal agreement between Equip Outdoor Technologies Canada Inc (“Company” “us”, “we” or “our”) and you (“you” or “your”). These Terms, together with our policies, govern our relationship with you with respect to your use of the Website. We sell our products to customers in many different countries around the world. Please make sure you choose the correct version of the Website using the flags at the bottom of the page.

By using the Website and the features, tools, materials or services made available on the Website (collectively, the “Services”), you accept and agree to be bound and comply with these Terms and our policies, including our Privacy Policy, Returns Policy and Warranty Returns Policy, which are incorporated herein by reference.

Please read these Terms carefully before you use the Website and particularly before placing any order on the Website as they explain your and our legal rights and also contain important information about our contract with you and how your order will be dealt with.

All use of the Website and any orders placed via the Website will be subject to these Terms. IF YOU DO NOT AGREE TO THESE TERMS OR OUR POLICIES, YOU MUST NOT ACCESS OR USE THE WEBSITE.

1.             ABOUT US

1.1                We are Rab®, a brand that’s distributed by Equip Outdoor Technologies (Canada) Inc.

1.2                Our company Entity ID is 833601-6.  Our Quebec Sales Tax number is 1219620621TQ0001.

1.3                Our registered office address is Equip Outdoor Technologies Canada Inc, 166A Gince, St-Laurent, Canada H4N 2W6. For more information on making returns, see our returns page and for information about how to contact us, or see our help centre.

1.4                We sell products both directly through our website and also through retailers. These terms and conditions only apply if you purchase through a product or service though our website. If you have purchased from a retailer, please contact the retailer for more information.

2.                   ABOUT YOU

2.1                By using the Website, you affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

2.2                Please make sure that the details that you provide to us about yourself are complete and accurate.

2.3                Unless you tell us otherwise, we will assume that you are purchasing the products or services for your own use. If you are purchasing on behalf of someone else, please be aware that our agreement will still be with you and you will be responsible for complying with the obligations set out in these Terms, including payment obligations.

2.4                We sell products for personal use only. Unless we have agreed otherwise we do not make any promise that our products will be suitable for any use in connection with your business or trade and we recommend that they are not used for those purposes.

2.5                If we need to contact you about your order, we will usually do this by email, using the email address you have provided to us. We may also contact you by phone or by mail, again using the details you have provided to us.

 

2.6                Before you place your order, please make sure that all of your details are correct. If any of your details change after you place your order you should let us know straight away so that we can continue to get in touch with you if we need to.

3.                   USING OUR WEBSITE

3.1                This Website is not intended for use in any jurisdiction where its use is not permitted. You are responsible for compliance with the local laws of your jurisdiction when using the Website.

3.2                You must use the Website only for lawful purposes and in a way which does not infringe anyone else’s rights or restrict or inhibit their use and enjoyment of the Website.

3.3               To the extent permissible under applicable law, we may (in our sole discretion) suspend or terminate your access to or use of the Website without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Website, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.

 

3.4                The Website may contain links to other websites. Please be aware that we are not responsible for third party websites and can take no responsibility for their content or availability or how they might use your personal data. Your linking to any other off-site websites is at your own risk. Please review the terms and privacy notices on any third party website that you visit.

4.                   INTELLECTUAL PROPERTY

4.1                You understand and agree that the Website and its entire contents are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws and other proprietary rights. Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors.

4.2                Some content has been published on the Website with the permission of third party copyright owners. All rights in this content are reserved and permission to copy it must be requested from the relevant copyright owners (the sources are indicated alongside the content).

4.3                You must not publish any content displayed on our Website without our prior authorisation.

4.4                Our own content may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the content is copied in full.

 

5.                   PLACING AN ORDER

5.1                All orders must be placed via the Website. You can place an order by adding the product(s) or service(s) that you want to order to your bag, proceeding to the checkout and then following the on-screen process.

5.2                Before placing an order, please read the description carefully to ensure that you understand all the key features of the product or service and that it meets your requirements. If you have any questions, let us know.

5.3                Once you place an order, you will receive an automated email confirming receipt of your order. If you do not receive this within 24 hours of placing your order please check your spam folder. If you are still unable to locate the email please contact us to check that we have received your order.

5.4                This provision is not applicable to consumers in the province of Québec. When you place an order, you are making an offer to buy all the products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion[MJ1] , even after we send you a confirmation email.

5.5                Provided that we accept your order (see paragraph 12.2 for more information about circumstances in which we cannot accept an order) we will dispatch the product(s) you ordered (or a postage bag, if you are using the service centre) as described in paragraph 9 and will send you an email to confirm this. Our email confirming dispatch constitutes acceptance of your order and will form a legally binding contract between us and you for the sale of the product(s) or service(s), governed by these Terms.

6.                   Our products

6.1                We may display images of our products on the Website. However, the way that these images will display on your screen will depend on the display settings of your device and therefore colours and other aspects of the products may look slightly different in real life to the way they look on-screen.

6.2                Any product packaging shown is for illustration purposes only and the packaging of the product you receive may be different. We will remove and recycle unnecessary plastic packaging from some items in your order as part of our ongoing commitment to reduce the amount of single use plastics used within our supply chain.

6.3                Any warranty or guarantee provided with a product is in addition to and not in place of your rights under these Terms and other legal rights you may have depending on the province or territory in which you live. See paragraph 14.2 for more information.

7.                   SERVICE CENTRE

7.1                Once you’ve purchased your product, we hope you’ll want to carry on using it for a long time. To make sure you get the most out of our product for as long as possible, we may offer various services through our service centre.

7.2                Service centre availability may vary depending on the country you live in. Please check the relevant website for your country for more information.

7.3                The product should be returned to us in the postage bag we provide. Once the product is returned to us, we will undertake the work as soon as we reasonably can, and we will do our best to meet any estimated timescales quoted on the Website. However, please be aware that timescales will depend on demand on our service at the time you send your product and may be affected by events outside our control.

7.4                Whilst we’ll do our best, we can’t guarantee all stains will be completely removed. Re-lofting insulation and restoration of waterproof ability cannot be guaranteed either. Heavily soiled items and gear that has not been cared for or stored correctly is unlikely to recover performance.

7.5           If we cannot provide the service you have requested for any reason (for example you have ordered a wash service but the item is damaged or you have ordered a repair but the item is damaged beyond repair) we will contact you to discuss your options further

 

8.                   PRICE & PAYMENT

8.1                The price of our products is shown on the Website, and the total price that you will pay will be shown during the order process. All prices, discounts, and promotions posted on the Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. If not in Canadian dollars, the currency in which amounts owing are payable will also be shown on the Website.

8.2                We take all reasonable care to ensure that the price of the products and services indicated to you is correct. If we identify an error before we accept your order, then we may decline to accept your order as described in paragraph 12.2, in which case you may choose to submit a further order at the correct price.[MJ2] 

8.3               Payment must be received by us before our acceptance of an order. We accept payment by various methods, as indicated at the bottom of each page of the Website. We will take payment at the point of order. If we are unable to take payment for any reason we will contact you and ask you to make payment by an alternative method. We will not be able to dispatch the products until cleared payment is received.

 

8.4                If you are paying for your order by credit card, you represent and warrant to us that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

9.                   DELIVERY

9.1                We will deliver your product(s) (or the postage bag for your product, if you are ordering a service) to the delivery address that you have provided.

9.2                The delivery costs and a description of any possible additional charges payable to a third party, such as customs and duties (if any) that you will have to pay will be shown during the order process. By placing an order, you are agreeing to pay any delivery costs in addition to the price of the product(s) or service(s).

9.3                 If we are able to accept your order, we will dispatch the products or postage bag promptly following receipt of your order. The time period for delivery, the mode of delivery and the name of the carrier will be displayed during the order process.

9.4                You must ensure that someone is at home on the delivery date to accept delivery. Our carrier may leave the product or postage bag with anybody who is present at the address you have given us for delivery.

9.5                If you are aware that nobody is going to be at home you may be able to make alternative arrangements with our carrier, for example a safe place where the product or postage bag can be left or a neighbour who will accept delivery. In this case, our carrier’s delivery of the product or postage bag to the safe place or the neighbour’s address will complete our delivery obligations.

9.6                The product becomes your property and responsibility from the point at which it is delivered to your address (or to a safe place you have chosen for delivery or another person you have asked us to deliver it to instead of you).

9.7                If you order a service, the postage bag remains our property at all times and the product you return for the service will remain your property at all times.

9.8                If our carrier is unable to make delivery then, depending on the carrier used, the carrier may attempt re-delivery on one or more occasions, take the product or postage bag to a collection point or return the product or postage bag to us.

9.9                Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

10.                   CANCELLATIONS

10.1                Products

If you want to make any changes once you have placed your order but before your products have been dispatched (including cancelling your order or part of it) please let us know as soon as possible. We will try to make the change for you, but if the product is dispatched before we are able to make the change then you may need to return the product as described in our returns policy.

10.2                Services

When you place an order for services and send us your product, we will perform the service as soon as we can once we receive the product. To cancel the service, please contact us through our help centre.

If you notify us of your cancellation within 14 days (at any time if you are located in the province of Quebec) of placing your order, we will give you a full refund of the amount that you paid for the service, except that:

·                     If you have already sent the product to us, we will charge you for the cost of sending it back to you.

·                     If we have started (but not finished) providing the service, we will charge you a proportionate amount to cover the part of the service already provided.

·                     If we have already finished providing the service by the time your cancellation request is received, unfortunately you may not cancel the order and no refund will be due.

You may also cancel a service for a full refund if we fail to provide that service within a reasonable time period of the time period advertised on our website.

11.                   RETURNS

We hope that you will love the product you have purchased, but if you need to return it for any reason please see our returns policy for more information.

12.                   OUR RIGHTS TO REFUSE OR CANCEL YOUR ORDER

12.1                This provision is not applicable to consumers in the province of Québec. Although we will normally be able to do so, we cannot guarantee to accept all orders placed via the Website. You will receive an email confirming your order, but please be aware that this is generated automatically and does not mean that we have been able to accept your order. [MJ6] You should only consider your order to have been accepted once you receive an email confirming that your products have been dispatched.

12.2                We may occasionally be unable to accept orders for various reasons, for example because there was an error in the advertised price or description, [AA7] because there has been an issue with collecting payment or because we suspect fraud or misuse. If this is the case, we will let you know and, where possible, we will discuss other options with you, for example arranging payment through another means or the option of purchasing the product at the correct price[AA8] .

12.3                We may also cancel your order after dispatch if we are unable to deliver the product or postage bag as described within paragraph 9.8. In this case we will give you a full refund within 14 days of the date on which we cancel your order.

13.                REVIEWS

13.1             We love to hear from you! Your reviews are really important to us - they help us know if we’re getting it right, help guide our design team, but most importantly help others know they're choosing the correct bit of gear. All we ask is that your review:

·                     Be honest and represent your true experience of using the product or receiving the service.

·                     Focus only on the product or service in question.

·                     Use friendly language (derogatory or offensive reviews will not be published).

13.2             You understand and agree that you, and not the Company are fully responsible for any user content you submit or contribute to the Website, and you are legally liable, including to any third party, for such content and its accuracy. You represent and warrant that all content you submit to the Website complies with applicable laws and regulations and these Terms.

13.3             By submitting a review, you agree to us displaying your review on the Website alongside your first name and the first initial of your surname.

13.4             We may, but have no obligation to, monitor and review user content posted on the Website. We have the right, though not the obligation, to, in our own sole discretion, refuse or remove any content that, in our reasonable opinion, violates these Terms or is in any way harmful or objectionable.

13.5             Reading reviews written by other customers can be a great way of getting a better understanding of the product or service and other people’s experience of it. However, please be aware that reviews represent the opinions and beliefs of our customers and do not form part of the product or service description. Such opinions do not necessarily reflect the opinion of the Company and the Company does not have any responsibility or liability whatsoever to for the content or accuracy of any such content on the Website. If you have any specific questions about a product or service which are not covered in the description, please contact us through the help centre.

13.6             If you have a complaint about a product or service you have purchased – that is, a specific issue that you need us to deal with as opposed to general feedback on the product or service – please see paragraph 14.3 below as to how to raise your complaint with us. This will ensure it comes to the attention of our customer services team and that we can deal with it promptly and effectively. As complaints generally relate to a specific issue affecting you, complaints will not usually be published in the reviews section, but once we’ve resolved your issue please do post your feedback about the product through the feedback process.

14.                QUERIES, PROBLEMS OR COMPLAINTS

14.1             Queries

If you have any queries about the Website, your order or our products or services, please visit our help centre.

14.2             Problems with your product

We offer a warranty on our products which is in addition to the legal rights that you may have depending on the province or territory in which you live.

If you experience a problem with a product or service you purchase from us, you may be entitled to have that problem dealt with under your legal rights or our warranty. Please contact us through our help centre and we will discuss your options with you so that we can put things right.

We will check any products that are returned in accordance with your legal rights or a warranty claim to verify the information that you have provided and identify the problem. If we are unable to identify any problem with the product we reserve the right to refuse to accept the return and to return the product to you at your cost.

If your problem is not covered under your legal rights or our warranty, don’t worry. We can hopefully still help with any repairs that are necessary for a small charge – see paragraph 7 for more information.

Please see our repairs and warranty page for more information.

14.3             Complaints

We hope that you will be satisfied with your product or service, but if you do have any problems or issues at all please contact our friendly customer services team through our help centre  who will do their best to put things right.

15.                DISCLAIMER OF WARRANTIES

15.1             THIS PROVISION IS NOT FULLY APPLICABLE TO CONSUMERS IN THE PROVINCE OF QUÉBEC. EXCEPT FOR OUR LIMITED WARRANTY CONTAINED IN OUR WARRANTY POLICY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE COMPANY PROVIDES THIS WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES “AS IS” AND “AS AVAILABLE” AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT) RELATING TO THIS WEBSITE, ANY CONTENT, PRODUCTS, OR SERVICES ACCESSED, OFFERED, PURCHASED, OR SOLD THROUGH THIS WEBSITE, OR THE USE, SUITABILITY, OR AVAILABILITY OF ANY CONTENT, PRODUCTS, OR SERVICES, OR ANY TRANSACTION CONDUCTED ON THIS WEBSITE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. 

15.2             WHILST WE WILL DO OUR BEST TO KEEP OUR WEBSITE AVAILABLE AT ALL TIMES AND RUNNING SMOOTHLY, WE CANNOT GUARANTEE THAT IT WILL BE AVAILABLE AT ALL TIMES OR FUNCTION IN A WAY THAT IS ERROR-FREE. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE, OR UP TO DATE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

15.3             SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

16.                LIMITATION OF LIABILITY

16.1             THIS PROVISION IS NOT APPLICABLE TO CONSUMERS IN THE PROVINCE OF QUÉBEC. IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES OF ANY NATURE, INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) THIS WEBSITE; (B) ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES ACCESSED, OFFERED, PURCHASED OR SOLD THROUGH THIS WEBSITE OR THEIR USE, SUITABILITY OR AVAILABILITY (INCLUDING THE INABILITY TO USE); (C) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.

16.2             THE ABOVE EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT A CLAIM ARISES OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE BY THE COMPANY AND WHETHER OR NOT THE COMPANY WAS  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.3             CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THIS SECTION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

16.4             IF THE EXCLUSIONS OR LIMITATIONS SET FORTH IN THIS SECTION, OR ANY PORTION THEREOF, ARE FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES OF ANY NATURE SUFFERED BY YOU SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF YOUR TRANSACTION.

18.                INDEMNITY

14.1             To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Website or Services, including, but not limited to, third-party sites, any use of the Website's content, Services, and products other than as expressly authorized in these Terms.

18.                Other important terms

18.1             Any contract formed will be between you and us. No other person shall have any rights to enforce any of these Terms.

18.2             Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

18.3             We reserve the right to change these Terms (and the terms of our policies, such as our returns policy and warranty) at any time by posting the updated terms online. When we do, we will revise the date at the bottom of this page. Please therefore check these Terms and our policies each time before using the Website and before placing any order. Continued use of the Website after any such changes shall constitute your continued acceptance of these Terms. Any change to the Terms will not affect any order you have already placed, which will be subject to the Terms which were in effect when you placed your order. If you do not agree with these Terms at any time, you must not use the Website. For consumers in the province of Québec: We may, from time to time amend any or each of the provisions of these Terms or any other policies or guidelines governing our Site and Services in relation to elements provided in the following sections and items: 1 (About Us), 2 (About You), 3 (Using our Website), 4 (Intellectual Property), 5 (Placing an Order), 6 (Our Products), 7 (Service Center), 8 (Price and Payment), 9 (Delivery), 10 (Cancellations), 11 (Returns), 13 (Reviews) 14 (Queries, Problems or Complaints), 18 (Other Important Terms), 19 (Contacting Us). Such notice, written clearly and legibly, shall exclusively contain the amended terms and their earlier version, the effective date and the notice informing you of your right to refuse the amendment and cancel your subscription, and the related Terms. If the change results in an increase of your obligations or in a reduction of our obligations, you can refuse such change and terminate your use, as amended, without penalty or termination fee by sending us a notice of termination within thirty (30) days of the entry into force of the amendment. Upon expiry of this period, you will be deemed to have accepted the changes and any subsequent termination will be in accordance with the terms of the Terms as amended.

18.4             This provision is not applicable to consumers in the province of Québec. The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Toronto, Ontario and you hereby submit to the personal jurisdiction of such courts.

18.5             It is the express wish of the parties that these Terms and all documents related or ancillary to be drafted in the English language. Il est la volonté expresse des parties que les présentes modalités et tous les documents s’y rattachant soient rédigés en anglais.

19.                CONTACTING US

19.1             If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Website, please contact our help centre.