HoldBreaker Terms and Conditions
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2. Our products
10. How to pay
12. Our liability
This page tells you information about us and the legal terms and conditions (Terms) by which we sell any of the products listed on our website to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.holdbreaker.com (our “website”). We are Hold Breaker Limited, a company registered in England and Wales under company number 9029068 and our registered office at Alpha House, 176a High Street, Barnet, Hertfordshire EN5 5SZ. Our main trading address is 272 Bath Street, Glasgow G2 4JR. Our VAT number is 186 583 854.
1.2 Contacting us: You have a legal right to cancel the Contract as set out in clause 7. If you want to cancel the Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the return form on our website. A link to the form can be found at the bottom of our website. If you use this method we will e-mail you to confirm that we have received your cancellation. You can also e-mail us at firstname.lastname@example.org. If you are emailing us please include your order number to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our website.
3. How we use your personal information
3.1 We are committed to protecting and respecting your privacy.
3.2 These terms set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our website you are accepting and consenting to the practices described in this policy.
3.3 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Hold Breaker Limited whose contact details are set out above.
3.4 We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our website or by corresponding with us by e-mail or otherwise. This includes information you provide when you register to use our website, search for a product, place an order on our website, subscribe for our newsletter and when you report a problem with our website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
Information we collect about you. With regard to each of your visits to our website we may automatically collect the following information:
(i) Technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Information we receive from other sources. We may receive information about you because we are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
What Are Cookies?
A cookie is a small file that is downloaded onto your computer when you visit a website. It allows us to recognise and tailor our site to you and it won’t harm your computer.
If you prefer, you can restrict, block or delete cookies by changing your browser settings but that may mean that you won’t be able to add and buy products from our store.
Cookies We Use
Sessional or Persistent
|Allows Shopify to store information about your session (referrer, landing page, etc.)||Unique Token||Sessional|
storefront and checkout.shopify.com
|Used by our internal stats tracker to record the number of visits to the shop||None||Persistent for 30 minutes from the last visit|
storefront and checkout.shopify.com
|Counts the number of visits to a store by a single customer||None||Expires midnight (relative to the visitor) of the next day|
|Stores information about the contents of your cart||Unique token||Persistent for 2 weeks|
|Stores session information for the checkout process||Unique token||Sessional|
|If the shop has a password, this is used to determine if the current visitor has access||Unique token||Indefinite|
|Tracking who visits the store and from where||Unique token||Persistent for a very short period|
|Unique to each user
|Payment transactions||Unique token||Sessional|
We also employ sharing widgets and tracking cookies from the following sites, which each have their own privacy & cookie policies as outlined below.
For more information on managing cookies, please visit: www.aboutcookies.org
3.6 We use information held about you in the following ways:
Information you give to us. We will use this information:
(i) To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and products that you request from us;
(ii) To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about if you have elected to receive our newsletter;
(iii) To provide you with information about goods or services we feel may interest you if you have elected to receive our newsletter. If you are an existing customer, we will only contact you by e-mail with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you do not want us to use your data in this way, please do not elect to receive our newsletter on the order form;
- To notify you about changes to our service; and
- To ensure that content from our website is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information: (i) To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(ii) To improve our website to ensure that content is presented in the most effective manner for you and for your computer;
(iii) To allow you to participate in interactive features of our service, when you choose to do so;
(iv) As part of our efforts to keep our website safe and secure; (v) To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; (vi) To make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
3.7 We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
- Analytics and search engine providers that assist us in the improvement and optimisation of our website; and
- Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
3.8 We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If Hold Breaker Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms; or to protect the rights, property, or safety of Hold Breaker Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
3.10 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.11 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
3.12 If you do elect to receive our newsletter, you are authorising us to process your personal data for marketing purposes. You can exercise your right to prevent such processing at any time by contacting us at firstname.lastname@example.org.
3.13 Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
3.14 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
4. Conditions of use of our Website
4.1 You may only purchase Products from our website if you are at least 18 years old.
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, provided the product(s) is not damaged and is returned in its original conditions.
7. Your consumer right of return and refund
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office and details of how to contact us are shown in clause 1.2.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 365 days after the date of delivery of any Products provided they are returned to us unused in their original packaging. Please take care of the Products whilst in your possession.
7.3 If you cancel your Contract we will:
- Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
- Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.6;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract;
- Send you an e-mail to the e-mail address given in your order confirming that we have received the Products and then we will either replace or refund the cost of the products. Your refund will be credited to the account from which you made payment to us within 5 to 10 working days. If for any reason it is not possible to refund your payment to the account from which you made payment, we will contact you to discuss the alternatives.
7.4 If you wish to return the Products to us under this clause 7 because they are faulty or mis-described, please contact us at email@example.com to arrange for their return and we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.6 If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Returns forms are available on our website where you can arrange to send Products back to us.
7.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.8 For European deliveries. Please contact us at firstname.lastname@example.org for all European delivery.
7.9 For customers wanting to return an item, they will be responsible for the shipping charges. We recommend using a trackable service.
We have created a very easy return procedure. Here's how:
If you are not happy with your order, you can return it to us within 365 days after the date of delivery of any products provided they are returned to us unused in their original packaging.
We have created a very easy return procedure. Here's how:
- Make sure the items are in the same condition you received them in, with all tags still attached.
- We will notify you when we have received the goods and then we will then either replace, or refund the cost of the items.
- Please note we cannot accept any climbing hardware or software for return, software is classified as slings and the like. The reason for this is we do not know whether it has been used or not, even if the item still has the tags on and would therefore make it impossible for us to sell.
8.1 We will deliver the products to the address you specify for delivery in your order. It is important that this address is accurate.
8.2 We will contact you with an estimated delivery date, which will be within 5 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
8.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. If there are two or more failed delivery attempts where you have not been at the delivery point at the agreed time, we reserve the right to have the Products returned to us and to arrange to make a full refund to you minus delivery charges.
8.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
8.6 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- We have refused to deliver the Products;
- Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- You told us before we accepted your order that delivery within the delivery deadline was essential.
8.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.8 If you do choose to cancel your Order for late delivery under clause 8.6 or clause 8.7, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order, we will refund any sums you have paid to us for the cancelled Products and their delivery.
8.9 If you order Products from our website for delivery outside of the Sweden, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.10 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.11 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
We ship all products from Sweden
3-5 working days - on all orders up to 2 kg – £2.50
3-5 working days –on all orders between 2 kg - 10kg - £15.00
We use DHL tracked delivery service to ship your products.
5-8 working days - on all orders up to 2 kg – £12
5-8 working days –on all orders that are between 2 – 10kg - £47.50
We use DHL tracked delivery service to ship your products.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate.
Delivery of an order shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time.
Occasionally our delivery to you may be affected by an event outside our control.
9. Price of products and delivery charges
9.1 The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Sweden for the time being.
9.4 The price of a Product does not include delivery charges. Any delivery charges will be as advised to you during the check-out process, before you confirm your order.
9.5 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
Where the Product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
If the Product's correct price is higher than the price stated on our website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10. How to pay
10.1 You can pay for Products using Paypal, debit card or credit card from the list provided in the payment section of the website.
11. Manufacturer guarantees
11.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
11.2 As a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Our liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, your misuse of Products or your failure to use them in accordance with instructions provided with them. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
Defective products under the Consumer Protection Act 1987.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on the website if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.