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Terms and Conditions
 
1. In General

The Terms and Conditions listed below apply to the sale and purchase of goods between you and Jacobs and Turner Ltd (T/A Trespass). These Terms and Conditions do not affect your statutory rights as a consumer.

By ordering any product from the Trespass website, you are accepting these Terms and Conditions. These Terms and Conditions can be changed without any prior notification and it remains the responsibility of the customer to be familiar with them prior to placing an order.

2. Governing Law

Jacobs & Turner Ltd's (T/A Trespass) Terms and Conditions shall be governed by and construed in accordance with Scottish Law. Disputes arising in connection with these terms and goods supplied via this worldwide website shall be subject to the exclusive jurisdiction of the Scottish Courts.

3. Terms of Sale

By placing an order via our website (www.trespass.com), you are offering to purchase a product on and subject to the following Terms and Conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from public holidays, postal delays or force majeure, for which we will not be held responsible. Please see the 'Delivery' page of our Help section for further information.

In order to contract with Jacobs and Turner Ltd (T/A Trespass), you must be over 18 years of age. Jacobs and Turner Ltd (T/A Trespass) retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Jacobs and Turner Ltd (T/A Trespass), or may in some cases be a third party. Where a contract is made with a third party, Jacobs and Turner Ltd (T/A Trespass) is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale with which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card, or bank account used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of international products and services may fluctuate. All prices advertised are subject to such changes.

a. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Jacobs and Turner Ltd (T/A Trespass) retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements.

b. Pricing and Availability

Whilst we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Grand Total'. Colour variants of the same parent product may, on occasion, be priced differently.

The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

c. Payment

Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

4. Returns

Unsuitable or defective items may be returned for refund or exchange provided they are received back at either our UK-based worldwide returns centre or one of our UK Trespass stores within 21 days of the original delivery date in brand new, unused condition, in the original packaging and after completion of an online RMA request at www.trespass.com/RMA. We recommend that all returned items are sent using an insured delivery service for your own protection.

Defective products will be replaced without a further delivery charge.

Please note that base layers (bottoms and sets) are classed as undergarments and for hygiene reasons, are non-returnable unless faulty.

Further information can be found on our dedicated Returns and Refunds page in the Help section of our website.

5. Information Relating to Goods

While we will use our reasonable endeavours to ensure the information contained in the website is correct and reliable, no warranty – either express or implied – is given as to the accuracy or completeness of that information, and will not form part of the contract.

Reasonable effort has been made to try and ensure the colours of products seen on the screen are as close as possible to the ones you'll receive. Unfortunately, we cannot guarantee an exact colour match. Photographs of products will vary depending on your device, and the screen's settings and resolution.

6. Customer Ratings and Reviews

These Terms and Conditions govern your conduct associated with the Customer Ratings and Review service offered by Jacobs and Turner Ltd (T/A Trespass).

When you submit content for posting on our site, you permit us to post your submission along with your name, city and country. By submitting any content, you represent and agree that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All 'moral rights' that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at least 13 years old;
  • Use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers, or that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Jacobs and Turner Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Jacobs and Turner Ltd, including its affiliates and subsidiaries, a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, product or technology throughout the world without compensation to you.

All content that you submit may be used at Jacobs and Turner Ltd's sole discretion. Jacobs and Turner Ltd reserves the right to change, condense or delete any content on Jacobs and Turner Ltd website that Jacobs and Turner Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Service. Jacobs and Turner Ltd does not guarantee that you will have any recourse to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Jacobs and Turner Ltd reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Jacobs and Turner Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Jacobs and Turner Ltd, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your ratings and reviews, you agree that Jacobs and Turner Ltd and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

7. Liability

Climbing, mountaineering, hillwalking, skiing, snowboarding, and other related activities are potentially hazardous. It is the individual's own responsibility to learn and understand the proper techniques associated with safe participation in these activities and to fully accept and assume all risks, damages, injury or death which may result from such activity.

8. Copyright

The copyright in all content is owned by Jacobs & Turner Ltd. Except as is otherwise explicitly permitted within the website, you are permitted to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. Except as explicitly permitted under the law relating to copyright, you may not reuse any content without first obtaining Jacobs & Turner Ltd's explicit consent. Such prohibition of use extends to the use of any content on any other website or networked computer environment. You may not remove any copyright, trademark or other proprietary notices from content found on the website.

9. Trademarks

All trademarked product names and trade names of Jacobs & Turner Ltd used on the website are trademarks or registered trademarks of Jacobs & Turner Ltd, unless stated otherwise. You may not, without Jacobs & Turner Ltd's prior express permission, use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Jacobs & Turner Ltd's trademarks in any way, including on any other website or network computer environment, in advertising or in publicity of any kind.

10. Indemnity

You agree to indemnify, defend and hold harmless Jacobs & Turner Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms and Conditions.

11. Competitions

The Competition is organised by Jacobs & Turner Ltd (Trespass), Vermont House, 149 Vermont Street, Kinning Park, Glasgow G41 1LU.

These terms and conditions, together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ('Rules') and apply to any competitions on the www.trespass.com website ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.

Trespass reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either on the website www.trespass.com or within the Competition Notice or within these Rules. A copy of the Rules may also be obtained by sending a stamped, addressed envelope to: Trespass – Ecommerce Department, Vermont House, 149 Vermont Street, Kinning Park, Glasgow G41 1LU.

In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Trespass shall be final and no correspondence or discussion shall be entered into.

All Competition rules and regulations are governed by UK Competition laws and regulations.

Competition open to UK residents only.

Competition entrants must be aged 18 or over.

Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.

Additional eligibility requirements may apply to a specific Competition, for example a valid passport and visas etc.

Employees of Trespass or any company involved in the Competition or, if relevant, suppliers to which a Competition relates, or any advertising/media agency or web company connected with Trespass or any such person's subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. Trespass reserves the right to verify the eligibility of all entrants.

Prizes are awarded at Trespass's discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.

Prize winners will be notified in the manner and within the time specified on the Competition notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternative winner. Usually winners will be drawn within 2 weeks of the competition close date.

Competition winner(s)' names may be published on the Trespass website or other websites associated with it.

Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of Trespass shall be final and no correspondence or discussion shall be entered into.

In the event that any entrant is disqualified from the Competition, Trespass in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

No purchase necessary. You can also enter the competition by sending an email containing your name and contact details to: competitions@trespass.co.uk with the competition name in subject field. If you do not wish to be automatically added to our promotional mailing list to keep informed about future competitions please state clearly in your email 'NO MAILING LIST'.

Trespass cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize.

Trespass is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or telephone line related to or resulting from participation in the Competition.

Data Collection: Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.

 

12. Promotional Codes & Voucher Codes

From time to time, Trespass will make available selected promotional code (also known as 'voucher code') offers, via www.trespass.com and via selected third party websites and services. These promotional codes are for exclusive use on the www.trespass.com UK website, entitling the user to specified discounts when selected items are purchased successfully during a single online transaction. Only one promotional code can be applied during a single transaction. No cash or any other alternative will be given.

Unless otherwise stated, promotional codes cannot be used in-store, over the phone or via any other online store or service. Unless otherwise stated, promotional codes can only be used once per customer as defined by their email address and/or delivery address and/or credit card address. Unless otherwise stated, promotional codes can be used across the whole Trespass range that is available for sale and is in stock on the Trespass.com UK website including both sale and non-sale items. Unless otherwise stated, promotional codes cannot be redeemed in conjunction with any other promotion or offer.

Certain items, including gift cards, gift vouchers and delivery costs are excluded from the offer. Promotional codes must be registered at the time of purchase to be valid and therefore redeemable. To register a code enter the given code where it states 'Enter your voucher code if you have one' on the shopping basket page and then press the "Apply Code" button.

A promotional code must be used between its stated start and expiry date for it to be valid and therefore redeemable. If you are unsure what the start or expiry date is for a promotional code please contact Trespass by visiting http://www.trespass.com/contacts and clicking on the "Email Us" link, providing the specific code, where it was obtained, and your contact details.

Please note that the return value of the items purchased using a promotional code shall be the applicable return value under the Trespass return policy (please see http://www.trespass.com/returns-exchanges), less the discount obtained.

All offers are subject to availability and while stocks last. Trespass reserves the right to remove promotion codes at any time and without prior warning. Your statutory rights as a consumer are not affected.

11. Modern Slavery Act 2015

We have a zero-tolerance approach to modern slavery and are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or in our supply chain.

We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chain, consistent with our disclosure obligations under the Modern Slavery Act 2015.  We expect the same high standards from all of our contractors, suppliers and other business partners, and as part of our contracting processes, we will include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children, and we expect that our suppliers will hold their own suppliers to the same high standards.

We will be undertaking due diligence when considering taking on new suppliers and regularly reviewing our existing suppliers and this will include the following:

  • Mapping our supply chain broadly to assess particular product or geographical risks of modern slavery and human trafficking;
  • Evaluating the modern slavery and human trafficking risks of each new supplier;
  • Reviewing on a regular basis all aspects of the supply chain;
  • Conducting supplier audits or assessments where risks are identified.