48 Park Avenue, East 21st Street, Apt. 304
London NY 10016
Phone: +1 408 996 1010
Fax: +1 408 996 1010
Mountain Kids Outfitters, LLC. (“Mountain Kids Outfitters”) maintains this website as a service to its customers, potential customers, and other interested parties. Your use of this website is subject in all respects to these terms and conditions.
These terms and conditions (the “Agreement”) are a legal agreement between you (“You” or “Your”) and Mountain Kids Outfitters, LLC., based in Breckenridge, CO (“Mountain Kids Outfitters,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent ski/snowboarding gear and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, Mountain Kids Outfitters via our website at www.mountainkidsoutfitters.com (the “Website”).
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT OR, IF APPLICABLE, LATER PURCHASE THE PRODUCTS.
MOUNTAIN KIDS OUTFITTERS RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Mountain Kids Outfitters at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “I Accept” button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
Through the Services, we aim to give You access to sleek and high quality ski and snowboarding clothing and products to rent for your ski vacation
B. Mobile Charges
To the extent You access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
D. Modification of the Services or the Terms
Mountain Kids Outfitters may modify these Terms or modify, suspend or discontinue the Services at any time for any reason.
A. Rental Fees/Payment Card Authorization/Cancellation
The rental fee (“Rental Fee”) for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Mountain Kids Outfitters, shall be paid by You to Mountain Kids Outfitters in connection with Your order for the rental. You may cancel Your order for Products at least fourteen (14) days prior to the ordered delivery date.
You consent to receive communications from us, including email, text messages, calls, for the purpose of notifying you about the status of your order, sending you a reminder, arranging delivery service, etc.
C. Our Pledge to You
i. Pickup/Delivery. We will ensure the Products You ordered, including the specified size, color and design, on the date for which You ordered them, except if we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance) as determined by us.
ii. Return of Unworn Product (Due to Size). If Your Product does not fit You, then You may return the Product to us within 24 hours of the date you received the Product by contacting us via email (email@example.com) or phone (516.643.9365) and returning the Product on the same day that you picked the item up. If you paid for your item to be delivered I would like to return an unworn product You will need to drop it off or pay an additional delivery fee. We will then issue you a credit for the full Rental Fee of the Product, so long as the Product, in our sole discretion, has not been worn.
iii. Pickup/Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the same day for certain orders in Summit County, Colorado, subject to the additional delivery charge set forth on the Website. The Products will be professionally cleaned and delivered ready to wear. We clean and inspect each product with the utmost care, but use of the product is at your own risk and Mountain Kids Outfitters shall not be held liable for any health-related complaints associated with a product rented from our site.
iv. Returns. With returning of the Product, you must return all products in the same condition as when picked up/delivered. All Products including the bag they were delivered/picked up in must be returned, please view Your Pledge to Us Section (d)
D. Your Pledge to Us
i. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). Mountain Kids Outfitters does not bear liability for Products left unattended. Furthermore, if you choose to pay for Delivery You acknowledge that providing anything other than a Secure Delivery Address may result in delivery delays and additional delivery fees for which Mountain Kids Outfitters is not to be held liable, but You will be held liable.
ii. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
iii. Return of the Products; Extensions. You agree to return the Products to Mountain Kids Outfitters on the return date for the Products that is identified in the online invoice for Your order. You may extend Your order for a Product; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Please email or call to find out if a Product Extension is possible.
iv. Product Never Returned. If You return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card You used to pay the Rental Fee or to any other payment card included in Your account information that You have provided to Mountain Kids Outfitters for every day that you are late returning the Products, and You agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within fourteen (14) days after the return date for the Product, Your late return will be considered a non-return and Mountain Kids Outfitters will charge Your payment card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
v. Payment of 200% of Retail Value. We will not charge You for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under the “Your Pedge to Us” Section, excluding collection costs. If You pay us an amount equal to 200% of the Retail Value under the “Your Pledge to Us” Section and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by You pursuant to this “Your Pledge to Us” Section. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
vi. Terminate. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
vii. Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing firstname.lastname@example.org or following the links provided at the bottom of those e-mails when available.
A. Accuracy of Content and Future Modifications to Website.
The information on this website is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In addition, the information provided by this website was current as of the date on which the information was first posted or otherwise made available. The information in any press releases provided by this website was current as of the date of the particular press release. We update the information provided by this website as we deem appropriate. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will do our best to respond in a timely manner. However, we cannot guarantee a prompt response in all cases. Mountain Kids Outfitters reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
B. Standards of User Conduct
If we provide visitors with an opportunity to post information, comments, or any messages on the website, you may not use this website and its related services (the “Site”) to:
i. Transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which Mountain Kids Outfitters considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
ii. Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
iii. Sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
iv. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
v. Display material that exploits children under 18 years of age;
vi. Post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
vii. Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;
viii. Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ix. Impersonate any other person, including but not limited to, a Mountain Kids Outfitters official, expert or bulletin board leader, guide or host;
x. Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);
xi. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
xii. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
xiii. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.
C. NO Warranties
INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, MOUNTAIN KIDS OUTFITTERS DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Product descriptions and specifications are subject to change. Mountain Kids Outfitters periodically adds or updates the information and documents on this website without notice. It is the user’s responsibility to ascertain whether any information downloaded from this website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
D. LIMITATION OF LIABILITY
i. No Indirect Damages. IN NO EVENT SHALL MOUNTAIN KIDS
OUTFITTERS (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOUNTAIN KIDS OUTFITTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
ii. Limited Direct Damages. MOUNTAIN KIDS OUTFITTERS’ (AND ITS
SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
iii. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE
RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD
E. THIRD PARTY CONTENT
This website may contain links to non-Mountain Kids Outfitters websites. These links are provided to you as a convenience, and Mountain Kids Outfitters is not responsible for the content of any linked website or the actions of those that provide or use such linked website. Any non-Mountain Kids Outfitters website accessed from the Mountain Kids Outfitters website is independent from Mountain Kids Outfitters, and Mountain Kids Outfitters has no control over the content of that website. In addition, a link to any non- Mountain Kids Outfitters website does not imply that Mountain Kids Outfitters endorses or accepts any responsibility for the content or use of such a website.
F. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Mountain Kids Outfitters of that third party or of any product or service provided by a third party.
G. JURSDICTIONAL ISSUES
Mountain Kids Outfitters makes no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
H. SUBMISSIONS TO MOUNTAIN KIDS OUTFITTERS AND AFFILIATED SERVICES
If you post, upload or make available to this Site, or otherwise submit to or through Mountain Kids Outfitters as part of your use of this Site, any Content, you hereby grant to Mountain Kids Outfitters, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, third party websites, broadcast and cable networks and stations, broadband and wireless platforms, products and services, physical media, and in theatrical release) for any and all purposes including advertising, promotional, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any Content or any use of the Content. By submitting Content, you represent and warrant that the Content and your communication thereof conform to the Standards of User Conduct (set forth above) and other requirements of these terms and conditions, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Content in all manners contemplated by these terms and conditions. You waive all moral rights in the Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content.
I. NO EXPORT ON INFORMATION
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this website may be exported, in any way, in violation of United States law.
J. ENFORCEMENT OF TERMS & CONDITIONS
These Terms and conditions are governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Colorado, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Mountain Kids Outfitters may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
i. Entire Agreement
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of website terms and conditions by Mountain Kids Outfitters, as described above.
ii. For Additional Information
Copyright © 2017, Mountain Kids Outfitters, LLC. All Rights Reserved.