Website Terms & Conditions

Last updated: 27 September 2022

Terms of Website Use

These terms of use (together with the documents referred to herein) (“Terms”) tell you the terms of use on which you may make use of our website www.kathmanduoutdoor.de (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. Please read these Terms carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these Terms for future reference.

By using our site, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use our site.

Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of our site:

Our Privacy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you warrant that all data provided by you is accurate; and
Our Cookie Notice, which sets out information about the cookies on our site.
If you purchase products from our site, our Online Terms and Conditions of Sale apply to the sales.

Information about Us

www.kathmanduoutdoor.de is a site operated by Rip Curl Europe SAS ("We", “Us”, “Our”). We are a limited company registered in France under company number 332 899 731 with a share capital of 1,000,000 euros and have our registered office at 407 Avenue de la Tuilerie, 40150 Soorts-Hossegor, France. Our VAT number is FR 09 332 899 731. Our phone number is +33 969 394 069.

Our site editor is Mathieu Lefin.

The hosting provider of our site is CSC Corporate Domains, Inc, 251 Little Falls Drive, Wilmington, Delaware, 19808, United States of America. Telephone number: + 1 302 636 5400.

Changes to these Terms

We may update our site and these Terms from time to time, without notice to you. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if, for any reason, our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. Our site is directed to people residing in the European Union. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the European Union, you do so at your own risk.

Your Account and Password

If you choose, you may register as a member of our site. Apart from the many member benefits, your shopping address details will be filed, saving you the effort of entering these details each time you checkout.

For online purchases made as a ‘Guest’ customer, we are only able to arrange an exchange by creating an ‘Online Account’. Unless we are instructed otherwise, we will create an ‘Online Account’ for all ‘Guest’ customer exchanges. Alternatively, we can arrange a refund via the original payment method, so that another ‘Guest’ purchase can be placed independently. If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@kathmanduoutdoor.de.

Intellectual Property Rights

We are the owner or the licensee of all copyright and other intellectual property rights that may subsist in the content available through this website including text, images, graphics, photographs, video, logos, sounds, layout, designs, software and source code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. Except where otherwise specified, any word or logo to which the "™" symbol is attached is a trade mark, and any to which the “®” mark is attached is a registered trade mark. If you use our trade marks, you must include a statement attributing ownership of that trade mark to us. Any other trade marks we use are used with the permission of their respective owners.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not:

Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
Copy, adapt, modify, store, distribute, print, display, perform, publish, transmit, alter or tamper with in any way, or otherwise use, any material contained in any part of this website (except as expressly permitted in these Terms).

No Reliance on Information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by French law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Online Terms and Conditions of Sale.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to Our Site

No links may be made to this website without our prior written consent. Applications for consent must be made to the Group Online Manager, Kathmandu Ltd, PO Box 1234, Christchurch, New Zealand.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact support@kathmanduoutdoor.de.

Third Party Links and Resources in Our Site

We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

Applicable Law

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by French law. You and we both agree that the courts of France will have non-exclusive jurisdiction.

If you are a business, these Terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by French law. You and we both agree that the courts of France will have exclusive jurisdiction.

Contact us

To contact us, please email support@kathmanduoutdoor.de.

Thank you for visiting our site.