1. Eligibility, registration & account
The Sites is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and declare that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Snowys if you discover or otherwise suspect any security breaches related to the Sites.
2. Ownership of site content
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Snowys logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Snowys or our affiliates, licensors, suppliers or users and are protected by international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, non-commercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Snowys, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray Snowys or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Snowys logo or other proprietary graphic of Snowys to link to the Sites without the express written permission of Snowys. Further, you may not use, frame or utilize framing techniques to enclose any Snowys logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Snowys’ express written consent.
Snowys makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Snowys and Snowys provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Snowys of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
4. User content
The Sites may include discussion blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Snowys.com.au account information (also known as "Your Snowys Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Snowys or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that does not clearly and prominently disclose any material connections you may have to Snowys or third-party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of Snowys, restricts or inhibits any other person from using or enjoying the Sites or which may expose Snowys or our users to any harm or liability of any type.
Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although Snowys has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Snowys reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Sites.
5. Rights in user content
Except as otherwise provided herein, on the Sites or in a separate agreement with us (such as the rules of a Snowys photo sharing contest), Snowys claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Snowys and our subsidiaries and affiliates a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of the Sites the right to access your User Content in connection with their use of the Sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Snowys that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, our Site Rules, any other applicable Snowys terms, guidelines or policies or any applicable law, rule or regulation.
6. Product reviews
We may provide specific opportunities for you to tell Snowys and other Snowys customers or users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Snowys does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.
Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, Snowys and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of Snowys. Snowys shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
8. User conduct
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree to abide by our Site Rules and that you will not:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from Snowys;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Sites;
- Interfere with or damage the operation of the Sites or introduce to the Sites or its users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
- "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Snowys has no obligation to monitor any user conduct on the Sites, and Snowys reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Snowys does not approve or endorse any user-posted meetings or events referenced on the Sites and Snowys recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
9. No third-party beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Snowys and our subsidiaries and affiliates, and our respective, directors, employees, independent contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another.
Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. SNOWYS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Snowys does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Snowys does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.
The Site Content, including, but not limited to, Snowys videos and "Expert Advice" articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.
To the fullest extent permitted by applicable law, in no event shall the Snowys parties be liable for any special, indirect, incidental or consequential damages, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected to the access or use of the complete site, your online or offline interactions with other site users, or otherwise related to these terms, including but not limited to any damages that result from events beyond our reasonable control, such as interruptions to all or portions of the complete site, deletion of files or email, errors or omissions, defects, viruses, delays in operation or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to an Snowys party's records, programs or services.
13. Modifications to site
Snowys reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing Snowys with a notice of termination. Snowys reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16. Ordering online
Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email. We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud. Upon processing your order and receiving payment we will send you a confirmation email which is your Tax Invoice. We reserve the right to refuse service or supply of the products or to terminate the contract and/or your account at our sole discretion. If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout. By placing an order with snowys.com.au, you declare that will not be on-selling the product(s) to another person(s) for financial gain.
In the instance that you need to cancel or edit your order; if you fail to notify us before your order has been dispatched, you can incur a return to sender delivery fee of $25. To avoid any fees associated when cancelling/editing your order, you’ll need to notify receive confirmation from a Snowys customer support team member before the order has been dispatched from our warehouse.
17. Pricing & availability
The advertised prices on the Sites are marked down (strikethrough) from the manufacturers Recommended Retail Price (RRP). All prices are shown in Australia dollars (AUD). All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. Additionally, many products displayed on our Sites are also available in Snowys retail stores while supplies last, but you should not assume that what you see on the Sites can always be seen in our stores. Prices displayed on the Sites may vary from those in the store or from store-advertised prices. All purchases on applicable products include GST at the rate of 10%.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
19. Out of stock / pre-order items
If the colour or size you want is not listed in the "Choose Your Colour/Size" drop-down box on the Product Information page, it is not then available for ordering. Please check back later. If the colour or size you want has an Out of Stock label, it is on backorder and available for pre-order. Sometimes we will not know in advance that product is unavailable, so when you place items in your My Bag (Shopping Bag) you will be asked if you would like to pre-order them. If you indicate yes, the item will be sent to you once it becomes available. Note that some items may be backordered or unavailable even if the Sites indicate that they are in-stock, and adding an item to your My Bag does not guarantee the availability of that item. If you have items on pre-order that you would like to cancel, please contact us.
20. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
21. Delivery, shipping & handling
When we send your order to you or per your directions, you might incur a delivery cost (i.e. rural location, express delivery), you agree to pay the delivery and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, delivery is made by standard ground delivery. Any delivery or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. We can only accept orders which are being delivery to mainland Australia (which includes mainland Tasmania).
During busy periods, the advertised message ‘same-day dispatch’ (which can be viewed in the form of a countdown timer) on our website, mightn’t be available during busy ordering periods despite being promoted. In the instances that we recognise that we’re unable to fulfil same-day dispatch, we’ll withdraw the advertised message immediately.
Your order will experience some dispatch delays if we're unable to recognise your delivery address. Either your address is new & not yet available on public records or, your address wasn't entered correctly in the checkout.
Delivery times can take between 1 and 10 business days (Monday to Friday excluding Public holidays) from the date payment is received. Although every effort is made to dispatch your order according to the estimated delivery times provided, estimated delivery times may change due to changes in supply or circumstances beyond our control. If your order has not arrived after the estimated delivery time, please contact us. We will deliver each ordered product(s) to the place of delivery designated by you. Unless specified on the delivery page, orders addressed to an Island location will be delivered to the nearest carrier's depot. Unless otherwise agreed by us, we will deliver your order to the address indicated on your Order Confirmation. If no-one is available to take delivery of parcels too big for your letterbox, our carrier will leave a card so you can pick-up your order from your designated courier depot. If you provide your “Permission to Leave” during the checkout process whereby you give permission for your order be left in a nominated location at the delivery address you agree that delivery is affected once this has been done. We will use our reasonable efforts to deliver your order to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. Changing delivery address after your order has been dispatched will incur a $25 charge from the courier. If you've elected to have your order 'sent to the nearest depot', please be aware that the depot could be of distance from the delivery address. If you've missed delivery or your nearest depot is too far away, we can organise redelivery from the courier - however, this will incur a $25 redelivery charge from the courier. Refusing to accept delivery of your order will incur a $25 charge. This will be deducted from the refund amount of the original order. If you elect to have your order sent to the nearest depot but fail to collect or cancel your order after it is received by the depot, you will incur a $25 return fee. This will be deducted from the refund amount of the original order.
For more information on our delivery terms, click here.
We currently accept Visa, Mastercard, PayPal, Zip Pay and Afterpay online. In either of our stores, we accept Visa, Mastercard, Zip Pay and Afterpay. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and declare that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
23. Returns and Exchanges
Snowys has a 60-day return policy on all new products we sell on our Sites. Whether you made your purchase through the Sites or at a Snowys store, you may return or exchange new product purchases at any of our retail locations. If returning a product by mail, it is your responsibility to facilitate the return and to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
General returns information and instructions can be found here.
Snowys’ will not accept returns for the following products as a result of a change of mind (please note that the warranty still applies); food, drinks, gels (or any other human consumable product), socks & thermals.
General returns information and instructions can be found here. Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Snowys locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit in the form of a discount code. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
Once you’ve finished submitting a return claim, you’ll have 5 business days to return your item(s) either by post or dropping into one of our stores. If you exceed this timeframe, you’ll be asked to create a new return claim.
If you believe a product sold by Snowys has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 1300 914 007.
All items we sell are covered by a minimum 12 months manufacturer’s warranty. Please contact the manufacturer of your product for more information on their precise warranty terms and conditions. A manufacturer’s warranty is valid with proof of purchase on the original goods within Australia and commences from the purchase date on your invoice. Product warranty is NOT transferable. You agree that you will look solely to those warranty(s) provided by those manufacturers and in the first instance, contact the manufacturer for all warranty claims. However, we will do everything we can to ensure valid warranty claims are handled and expedited efficiently and effectively. Be sure to keep your tax invoice as proof of purchase. To request another copy or for any assistance with a warranty claim please contact us via email and include your name and order reference number. We reserve the right to require identification, proof of purchase, or additional verifiable information to help locate the purchase in our records.
25. Third-party sellers / on-sellers (buying & selling)
You may not place orders with the intention to immediately on-forward the products to another person in a business transaction (via marketplaces such as eBay etc), without the express written permission of Snowys.
In the instance that you, a customer who has received a Snowys order via an on-forwarder, then you forfeit your right to make; a) a warranty claim or b) refund or exchange with Snowys. As per Australian Consumer Law or Consumer Guarantee, the reseller who has conducted the transaction must address the warranty and refunds directly with the manufacturer at their own cost and loss.
If a reseller who has conducted the transaction is requesting that Snowys send the product directly to the customer then they are engaging in Misleading Breach of the Law. The two laws are: Section 18 of the act which relates to Passing Off, and Trading on the Goodwill of Another Business – and, section 29 1 G which relates to Affiliation (misleading the customer that the seller works for the Retailer, in this case Snowys). This can be made obvious by the reseller’s customer receiving a Tax Invoice for the products with Snowys letterhead and other documentation supplied by Snowys Outdoors, misleading the customer to think they are buying from a reputable store instead of a reseller, often just a consumer. Exceptions to this would be if the reseller has an ABN or ACN that relates solely and specifically to reselling products purchased from a Retailer, to their customer base. They will still be responsible for warranty and after sales service but this is allowed under the Law.