Terms and conditions of sale ("Sales Terms")

Effective March 9, 2022

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE ONLINE SHOP. PLEASE NOTE, THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.

These Sales Terms contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under these Sales Terms. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

These Sales Terms are applicable to the Arc'teryx Online Shop including Arc’teryx Outlet and ReGEAR™ online shops at [www.Arcteryx.com] or other URL as may be determined by Arc’teryx from time to time (collectively, the “Online Shop”) and to orders and sale transactions for products available at the Online Shop and Arc’teryx brand stores and outlet stores, as set forth herein (“Product”).

Additional terms and conditions apply to purchases from the Arc'teryx ReGEAR™ platform, please see FAQ’s at [www.regear.arcteryx.com/faq] which govern orders for such gear in the event of a conflict between these Terms of Sale and those ReGEAR™ Terms.

The Online Shop is owned by and operated by Arc'teryx Equipment, a division of Amer Sports Canada Inc. (herein, "Arc'teryx", "we" or "us" as the context may require). The Online Shop is owned by and operated by Arc'teryx Equipment, a division of Amer Sports Canada Inc. Arc'teryx Equipment, a British Columbia Corporation, is the seller of the Products.

With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction. Arc’teryx may revise these Sales Terms without notice by posting revised Terms of Sale on the Online Shop. Please read these Sales Terms carefully and check that the details of your order are complete and accurate before submitting your order. Arc’teryx’s Terms of Use, Cookie Policy, Limited Warranty, and Privacy Policy are incorporated herein by this reference as if fully set forth herein.

About These Sales Terms

These Sales Terms apply to purchases made on this Online Shop, except as otherwise indicated. Other Arc'teryx web sites on the internet may have different terms and conditions. From time to time Arc'teryx may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Arc'teryx.

Information contained in Arc'teryx's advertising, brochures or other written materials, on Arc'teryx web sites or given to you, is for information only and not an offer by Arc'teryx to supply any Products.

BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.

Additional terms and conditions are required to be accepted for Employee or other purchase programs.

Placing an Order

To be able to buy Products you have to:

• Provide your name and address, phone number, email address, payment details and other required information.
• Be at least 18 years of age.
• Provide a delivery address in the United States (if residing in the US) or Canada (if residing in Canada) (note that Arc'teryx is able to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses provided that a physical address is included).
• Be the owner or authorized holder of a valid payment card. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.

When you create an Arc'teryx account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.

Order Processing and Contract Formation

You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders are subject to acceptance by Arc'teryx. We may choose to reject abnormal orders and orders we suspect are not placed in good faith, placed on terminated or suspended accounts, or otherwise and may cancel such order at any time in our sole discretion. For clarity, we reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

After having received your order, Arc'teryx will send you an order confirmation via email with your order number and details of the items you have ordered.

Acceptance of your order and the formation of the contract of sale between Arc'teryx and you will not take place unless and until you have received your Arc'teryx order confirmation email, subject to rejection or cancellation as set forth above.

Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Arc'teryx may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

Arc'teryx charges sales tax where required by law. If you are shipping to provinces where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Arc'teryx Order. Prices for the Products do not include charges for shipping and handling.

Separate charges for tax and shipping will be itemized in your shopping cart and on your Arc'teryx order confirmation email.

Product Availability and Delivery, Circumstances Beyond Reasonable Control

Arc'teryx does not guarantee the availability of any Product in the Online Shop. Arc'teryx reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.

We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.

In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.

If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Arc'teryx.

Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.

Arc'teryx shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.

Compatibility, Product Information

When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Arc'teryx (or non-Arc'teryx) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete. All claims for shortages or discrepancies must be made within 14 days of your receiving your order.

Payment

Payment shall be made by a credit or debit card, Arc’teryx Gift Card, Arc’teryx Product Replacement Voucher (for Canada and US customers), PayPal or other form of payment approved from time-to-time by Arc'teryx. Certain restrictions and terms and conditions apply to Gift Cards and Product Replacement Vouchers, see those terms and conditions here. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.

Title to Products

Arc'teryx retains full legal title to Products until it has received all amounts due on the ordered Products.

Return and Refund, Other Options

For all eligible purchases other than those made on outlet.arcteryx.com or from an Arc’teryx Outlet Store in Canada and the United States, if you have bought Products for your own private use as a consumer and want to exercise your right to return the items you have purchased, you may return the product within thirty (30) calendar days after the date of receipt of the delivery and in each case, correctly follow the instructions on the return form provided with your shipment. (Note: Harnesses, underwear, face masks, and avalanche backpacks which have been deployed are ineligible for return)

Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.

All sales are final for all purchases of Arc’teryx products made on outlet.arcteryx.com or from an Arc’teryx Outlet Store in Canada and the United States and we do not refund or exchange any outlet products. All such products are sold “as is” with all faults even if they are not immediately apparent. Returns will only be accepted if the outlet product arrives damaged or does not match its description on the website. The Arc’teryx Limited Warranty applies to such purchases, subject to its terms. Outside of the United States and Canada, you may return product purchased on outlet.arcteryx.com or Arc’teryx Outlet Stores within fourteen (14) calendar days after the date of receipt of delivery. In all cases, you must follow the instructions for return provided to you by Arc’teryx.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service 1.866.458.2473 by phone for assistance. All claims for shortages or discrepancies must be made within 14 days of receiving your order.

How to Return Items?

Return instructions are outlined in your order confirmation email.

• Items may also be brought to your nearest Brand Store where the team can facilitate your return back to our warehouse for processing.
• For safety and health reasons, climbing harnesses, underwear cannot be returned. Shoes must be in their original packaging.
• Refunds are issued in the form of the original payment. Arc'teryx will provide a full refund for the value of the purchased item in the same form as the original payment.
• Refunds may take between 5-7 business days to process once an item has been delivered to our warehouse.
• Items must be in as new condition, with original tags. Shoes must be returned in their original box.
• Items purchased anywhere except [arcteryx.com] must be returned to the original place of purchase.
• You must include all accessories, user manuals and any free gifts that came in the same package.
• Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
• Please treat the items with care and return them in the condition that they were delivered to you.
• Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
• Replacement or refund can only be processed once we have received all the items to be returned.

If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.

If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card, reissuing a gift card, or a Product Replacement Voucher fifteen (15) calendar days after the date of receipt of the delivery.

Please note that Arc'teryx will only process returns and refunds for items bought in this Online Shop.

Warranty

Arc'teryx provides a limited warranty to the original purchaser of the Arc'teryx Product. Arc'teryx Products are generally warrantied against non-conformance with our material and workmanship specifications for the Warranty Period as defined in the following link: www.arcteryx.com/help/product-service. Follow this link for direct access to full text of the Limited Warranty.

Personal Data

The Arc'teryx privacy policy and additional provisions in these Sales Terms govern the use of your personal data. Purchasing of goods in the Online Store requires that you accept the Arc’teryx privacy policy and the processing of personal data as described in the Arc'teryx privacy policy, as defined in the following link: www.arcteryx.com/help/privacy.

Our Liability

These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

General

If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Contact details

Arc'teryx customer service will assist you with any questions. You can contact us by phone 1.866.458.2473 Monday through Friday 8am to 5pm PST.

Governing law

These Sales Terms shall be governed and construed in accordance with laws of the Province of British Columbia, Canada.

BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR TRANSCTION THROUGH THE ONLINE SHOP AND/OR TO YOUR ARC’TERYX PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE SALES TERMS, A BREACH OF OUR WARRANTY, OR THE ARC’TERYX PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since these Sales Terms concern a transactions in interstate or international commerce, the Federal Arbitration Act will apply.

The filing fees to begin and carry out arbitration will be shared between you and Arc’teryx, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Arc’teryx will cover all additional administrative fees and expenses. Arc’teryx waives its right to recover attorneys’ fees in connection with any arbitration under these Sales Terms. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Arc’teryx nor an arbitrator may disclose the existence, content, or results of any arbitration these Sales Terms without the prior written consent of you and Arc’teryx.

ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ARC’TERYX AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Arc’teryx in writing within sixty (60) days of the date that you purchased the product; (2) your written notification must be mailed to Arc’teryx at 130 E. Randolph St., Suite 600, Chicago, IL, 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.

In addition, you may pursue a claim in small claims court in your county of residence (if in the United States) or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents)” will not apply.