Terms and Conditions

Terms of Sale

(1)    Introduction

Please read these terms of sale carefully. 

You will be asked to expressly agree to these terms of sale before you place an order for products from our website. 

(2)    Interpretation

In these terms of sale, “we” means The Outdoor Warehouse (Windermere) Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3)    Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will then be either transferred to the PayPal website, and PayPal will handle your payment, or you to our Secure Trading website, and asked for your Credit or Debit card details ; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by examining the ‘Order Items’ part of the screen in our ‘Checkout’ area. The ‘Checkout’ area is the immediate stage after the ‘My Basket’ stage of selecting items for purchase.  You may correct those input errors before placing your order by pressing the ‘back’ icon on your web browser or the ‘backspace’ key on your keyboard, if the software is programmed for keyboard shortcuts. This will return you to the ‘My Basket’ screen, within which items may be added or removed.

(4)    The products

Mountain Lite supplies outdoor clothing and equipment to the public. The shop focuses on stocking the more lightweight, quality ‘technical’ apparel, equipment & accessories on the market.

(5)    Price and payment

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by Credit Card, Debit Card or PayPal.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6)    Your warranties

You warrant to us that:

(a)    you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b)    the information provided in your order is accurate and complete;

(c)    you will be able to accept delivery of the products (this includes supplying an alternative delivery address if there will be nobody at the billing address to sign for the delivery)

(7)    Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order. This will be the billing address, or an alternate delivery address if indicated in the ‘Billing & Shipping’ section.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2 working days (defined as Monday to Friday inclusive) of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

(8)    Risk and ownership

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

(a)    delivery of the products; and

(b)    receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9)    “Cooling off” period

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). 

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; (v) the supply of goods intended for outdoor use which would clearly lose some of their purchased value if exposed to outdoor conditions, such as footwear being muddy; or (vi) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them.  Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

(10)    Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(11)    Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12)    Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

(13)    General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
 
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
 
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(14)    About us

Our registered address is:
Mountain Lite, The Outdoor Warehouse, Low Beck Mill, Beck Mills, KENDAL, Cumbria LA9 6NY, UK.


Our full name is  The Outdoor Warehouse (Windermere) Ltd - T/A Mountain-Lite. 

Our registered office is Mountain Lite, Outdoor Warehouse Ltd, Low Beck Mill, Beck Mills, KENDAL, Cumbria LA9 6NY and our principal trading address is Mountain Lite, Low Beck Mill, Beck Mills, KENDAL, Cumbria LA9 6NY.

Our company registration number is 4514532. 

Terms of Use

(1)    Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2)    Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)    republish material from this website (including republication on another website);

(b)    sell, rent or sub-license material from the website;

(c)    show any material from the website in public;

(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)    edit or otherwise modify any material on the website; or

(f)    redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

(3)    Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. 

(4)    Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(5)    Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)    to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)    we will not be liable for any consequential, indirect or special loss or damage;

(c)    we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)    we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e)    our maximum liability in relation to any event or series of related events will be limited to £2 000 000 (2 million) GBP.

(6)    Indemnity
 
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(7)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(8)    Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(9)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

(10)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(11)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(12)    Entire agreement

These terms of use, together with our privacy policy and terms of sale, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(13)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(16)    Registrations and authorisations

We are registered in England & Wales under registration number 4514532.


(17)     Our details

The full name of our company is:

The Outdoor Warehouse (Windermere) Ltd - T/A Mountain-Lite

We are registered in England & Wales under registration number 4514532.

Our registered address is:

Mountain-Lite, The Outdoor Warehouse, Low Beck Mill, Beck Mills, KENDAL, Cumbria LA9 6NY, UK. 

Distance sellers regulations & Consumer Rights

If you are unsure about any of your rights, or the distance sellers regulations then please see the following link - Distance Sellers Regulations Explained (by Which - Consumer Rights)

We want you to feel safe when you are buying products from us & let you understand we know the law & we want you to know it as well. Then if either of us find we have an issue with the services & products we supply, we know exactly where to go to make sure who is responsible for what!

We really hope that this makes you feel at ease when you shop with Mountain-Lite. 

Privacy Policy

We're all human and we respect the fundamental right of everyone to privacy. We won't do anything else with your personal information other than what you tell us to do via the website. Here's the official version of what we consider to be common courtesy:

Mountain Lite (The Outdoor Warehouse Windermere Ltd)  is registered with the Data Protection Act - No. Z5658275

We have created this privacy policy to demonstrate Mountain Lite's total commitment to your privacy and the protection of your information. If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information.

This policy was created on 14th August 2013.

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