Terms & Conditions of Sale - Trespass.com

1. In General

The Terms and Conditions listed below apply to the sale and purchase of goods between you (“you” or “the Customer”) and Jacobs & Turner Ltd t/a Trespass (“the Company”). These Terms and Conditions do not affect your statutory rights as a consumer.

By ordering any product from a 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

The Company’s 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 our websites shall be subject to the exclusive jurisdiction of the Scottish courts.

3. Terms of Sale

By placing an order via our websites (www.trespass.com) you are offering to purchase  products 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 the Company will not be held responsible. Please see our Delivery Information page for further information.

The Company 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 with which you have contracted. This will usually be the Company but in some cases may be a third party. Where a contract is made with a third party the Company is not acting as either agent or principal and the contract is made between yourself and that third party.

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 products and services may fluctuate and 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. The Company retains the right to accept or reject any order before processing. A contract between the Company and the Customer for the purchase of the goods will not come into effect until the 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 when these conditions have been met.

B. Pricing and Availability

Whilst the Company tries to ensure that all details, descriptions and prices which appear on our websites 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, the Company will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All prices are VAT inclusive at the rate applicable when your order is placed. Delivery costs may also be charged and are clearly displayed and included in the total amount to be paid. Colour variants of the same product may, on occasion, be priced differently.

Our websites may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves 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 our websites 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 the Company will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds available 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.

D. Promotion codes

The Company may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though our websites. The conditions of use relating to any discount code will be specified at the time of issue.

These Terms and Conditions relate to all promotions, competitions and discount codes, unless otherwise stated.

  • Only one promotion code can be applied per order.
  • A promotion code cannot be used after an order has been placed.
  • The Company reserves the right to end any promotion at any time without prior notice.
  • All voucher codes with a monetary threshold require a single applicable product in the basket to be over the minimum value in order to be eligible for the discount, unless specified otherwise.
4. Returns

Unsuitable or defective items may be returned for refund providing they are received back at our UK based worldwide returns centre within 14 days of the original delivery date in brand new, unused condition, in the original packaging and accompanied by a completed returns form. The Company recommends 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.

Certain products may have a different returns policy. This is normally stated within the product description. For example, base layers are classed as undergarments and for hygiene reasons are non-returnable unless faulty.

In addition to our returns policy, under the Distance Selling Regulations, EU customers have fourteen days (beginning the day after receipt) to cancel their purchase (unless it is a purchase of tailor-made / customised products). Order cancellations must be made in writing to Customer Service quoting your order number, either by post or email via support@trespass.com. In this case, we will provide a full refund but you must return the cancelled items to us. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost.

Further information can be found on our Returns and Exchanges page.

5. Information relating to goods

While the Company will use reasonable endeavours to ensure the information contained in our websites 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 screen are as close as possible to the ones you will receive. Unfortunately, we cannot guarantee an exact colour match. Photographs of products will vary depending on your device, screen settings and resolution.

6. Customer Ratings and Reviews

The Terms of Service detailed below outline the rules governing the Customer’s conduct in relation to the Customer Ratings and Review service offered by the Company.

When you submit content for posting on our websites you permit us to post your submission with your name, city and country. By submitting any content you represent and warrant 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 and the use of the content you supply does not violate these Terms of Service 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 the Company 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 the Company, 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 the Company's sole discretion. We reserve the right to change, condense or delete any content on our websites that we deem in our sole discretion to violate the content guidelines or any other provision of these Terms of Service. We do 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. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not the Company, 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 the Company, 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 rating and review you agree that the Company 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 the Company. Except as is otherwise explicitly permitted within our websites you are permitted to view, play, print and download documents, audio and video found on our websites 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 the Company’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 our websites.

9. Trademarks

All trademarks, product names and trade names of the Company used on our websites are trademarks or registered trademarks of the Company, unless stated otherwise. You may not, without our prior express permission, use, copy, reproduce, republish, upload, post, transmit, distribute or modify our 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 the Company, 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 our websites or your breach of the Terms of Service.

11. 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 the exclusive use on the www.trespass.com UK website (unless stated otherwise), 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.