TERMS AND CONDITIONS OF THE COLUMBIA MEMBERSHIP PROGRAM
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “CONDITIONS”)
CAREFULLY BEFORE ACCESSING OR USING THE COLUMBIA
MEMBERSHIP
PROGRAM (THE “PROGRAM”). IF YOU DO NOT AGREE TO ALL OF THESE
CONDITIONS, DO NOT JOIN THE PROGRAM.
A) Scope of these Conditions and Changes to the Conditions
These Conditions exclusively apply to your access to, and use of, the Program that
Columbia Sportswear Company, a company headquartered at 14375 N.W. Science Park Drive, Portland, OR 97229, USA, and its European subsidiaries, e. g. Columbia Sportswear Poland Sp z o.o.ul. Domaniewska 49 02-672 Warsaw Poland, (+)48221039641, EU-Safety-Support@help.columbia.com, (“Columbia”, “we” or “us”), offers through its website
(https://www.columbiasportswear.pl/) and corresponding local URLs. These
Conditions do not alter in any way the terms or conditions of any other agreement you
may have with Columbia, or its affiliates, for products, services or otherwise.
Columbia’s Privacy Policy and terms of use (“Site Terms”) of other Columbia websites
(the “Site(s))" apply in addition to these Conditions.
Columbia reserves the right to change or modify the provisions contained in these Conditions if the change is reasonable for you, taking into account our interests and making sure our main performance obligations under the Program are not changed to your disadvantage. This applies in particular if we have reasons for changes. Reasons for change exist,
• if the change is only beneficial for you;
• if it is a purely technical or procedural change, unless it has significant effects on you;
• insofar as we are obliged to bring these Conditions in line with applicable law, in particular if the applicable legal situation changes or we are obliged to do so by a court or an official decision; or
• as far as we introduce additional services or service elements that require a service description in these Conditions.
Columbia will notify you of changed terms by e-mail and by posting the revised Conditions on the website and will post a notice of such changes on the website prior to the effective date of the changes. Any changes or modifications will apply to any use of the Program and any activity that occurs after the effective date of the revised Conditions. The changes are considered accepted if you do not object to them electronically within six weeks after notification of the respective change, and we will inform you in the notification that the changed Conditions are considered to be accepted by you if you do not reject the new conditions within the mentioned period after receiving the e-mail. If you do not accept the changed Conditions, they previous Conditions will continue to apply unchanged. In this case, Columbia reserves the right to terminate the membership in the Program if the legal or contractual requirements are met. Columbia is offering the Program amongst others through the following websites and connected URLs: https://www.columbiasportswear.pl/ (the “Program Site(s)”).
The Program is subject to the following conditions: By registering to become a member of the Program (a “Member”, “you” or “yours”), you confirm (i) that you are at least 18 years old, (ii) that you are a consumer (and not an entity or a re-seller) and (iii) that you agree with these Conditions, and terms of use ( “Site Terms” ). Please also note Columbia’s Privacy Policy (informing about the collection, use and disclosure of your personal information for marketing purposes). You will have to confirm this by ticking the appropriate boxes. If you cannot or do not want to confirm, you will not be able to access the Program.
Columbia reserves the right to change or modify the provisions contained in these Conditions if the change is reasonable for you, taking into account our interests and making sure our main performance obligations under the Program are not changed to your disadvantage. This applies in particular if we have reasons for changes. Reasons for change exist,
• if the change is only beneficial for you;
• if it is a purely technical or procedural change, unless it has significant effects on you;
• insofar as we are obliged to bring these Conditions in line with applicable law, in particular if the applicable legal situation changes or we are obliged to do so by a court or an official decision; or
• as far as we introduce additional services or service elements that require a service description in these Conditions.
Columbia will notify you of changed terms by e-mail and by posting the revised Conditions on the website and will post a notice of such changes on the website prior to the effective date of the changes. Any changes or modifications will apply to any use of the Program and any activity that occurs after the effective date of the revised Conditions. The changes are considered accepted if you do not object to them electronically within six weeks after notification of the respective change, and we will inform you in the notification that the changed Conditions are considered to be accepted by you if you do not reject the new conditions within the mentioned period after receiving the e-mail. If you do not accept the changed Conditions, they previous Conditions will continue to apply unchanged. In this case, Columbia reserves the right to terminate the membership in the Program if the legal or contractual requirements are met. Columbia is offering the Program amongst others through the following websites and connected URLs: https://www.columbiasportswear.pl/ (the “Program Site(s)”).
The Program is subject to the following conditions: By registering to become a member of the Program (a “Member”, “you” or “yours”), you confirm (i) that you are at least 18 years old, (ii) that you are a consumer (and not an entity or a re-seller) and (iii) that you agree with these Conditions, and terms of use ( “Site Terms” ). Please also note Columbia’s Privacy Policy (informing about the collection, use and disclosure of your personal information for marketing purposes). You will have to confirm this by ticking the appropriate boxes. If you cannot or do not want to confirm, you will not be able to access the Program.
B) Information about the Columbia Membership Program
By joining the Program, you will be entitled to enjoy member-only
advantages (the “Advantages”). Such Advantages include free shipping
benefits or access to special sales events, such as invitations to members
only events or sweepstakes, early access to products, VIP sales, flash sales,
special discount codes, discounts on selected days or products, birthday
discount (as long as you agree to provide your date of birth (day and
month)). You will be able to enjoy Advantages once you are logged into your
membership account. These Advantages are only accessible if you tick the
relevant box to show your free, clear, unequivocal, and informed consent.
PLEASE NOTE THAT SOME OF THE ADVANTAGES (E.G. FREE SHIPPING) MAY ONLY BE GRANTED IN CERTAIN COUNTRIES OR AREAS, SO YOU MIGHT NOT BE ABLE TO ENJOY FULL OR ALL BENEFITS IF YOU ARE A RESIDENT OUTSIDE OF A COUNTRY OR AREA WHERE COLUMBIA OFFERS ITS SERVICES.
Columbia reserves the right to change the Advantages or the rule of participation in the Membership Program provided it does not have a materially adverse impact on you and your membership.
Depending on the type of Advantage, an Advantage may be subject to additional terms and conditions, including, but not limited to the number of products a Member may purchase, time limitations (e.g. expiry date of a discount code), or others. Advantages do not have a cash value and cannot be exchanged.
PLEASE NOTE THAT SOME OF THE ADVANTAGES (E.G. FREE SHIPPING) MAY ONLY BE GRANTED IN CERTAIN COUNTRIES OR AREAS, SO YOU MIGHT NOT BE ABLE TO ENJOY FULL OR ALL BENEFITS IF YOU ARE A RESIDENT OUTSIDE OF A COUNTRY OR AREA WHERE COLUMBIA OFFERS ITS SERVICES.
Columbia reserves the right to change the Advantages or the rule of participation in the Membership Program provided it does not have a materially adverse impact on you and your membership.
Depending on the type of Advantage, an Advantage may be subject to additional terms and conditions, including, but not limited to the number of products a Member may purchase, time limitations (e.g. expiry date of a discount code), or others. Advantages do not have a cash value and cannot be exchanged.
C) Can you become a Member?
Yes, under the following conditions:
• You must be at least 18 years old.
• You can only become a member once. It is only possible to have one account per person, not per e-mail address.
• Memberships like this are permitted by law in the country of your residence.
Columbia reserves the right to refuse access to the Program, limit the use of Advantages or exclude a Member in certain circumstances, such as when there are objective reasons where Columbia suspects a fraudulent use of the Program or in case you do not fulfil the eligibility requirements to access the Program.
• You must be at least 18 years old.
• You can only become a member once. It is only possible to have one account per person, not per e-mail address.
• Memberships like this are permitted by law in the country of your residence.
Columbia reserves the right to refuse access to the Program, limit the use of Advantages or exclude a Member in certain circumstances, such as when there are objective reasons where Columbia suspects a fraudulent use of the Program or in case you do not fulfil the eligibility requirements to access the Program.
D) How to become a Member?
On selected Columbia Program Sites
(https://www.columbiasportswear.co.uk/;
https://www.columbiasportswear.ie;
https://www.columbiasportswear.fi/;
https://www.columbiasportswear.de/;
https://www.columbiasportswear.at/;
https://www.columbiasportswear.es/;
https://www.columbiasportswear.it/;
https://www.columbiasportswear.nl/;
https://www.columbiasportswear.nl/NLNL/home/;
https://www.columbiasportswear.be/;
https://www.columbiasportswear.be/ENBE/home/;
https://www.columbiasportswear.be/NLBE/home/;
https://www.columbiasportswear.pl/pl_PL/home/;
https://www.columbiasportswear.pl/en_PL/home/;
https://www.columbia.cz/cs_CZ/home /;
https://www.columbia.cz/en_CZ/home ;
https://www.columbiasportswear.ch/;
https://www.columbiasportswear.ch/fr/home;
https://www.columbiasportswear.ch/de/home/;
https://www.columbiasportswear.ch/it/home /;
)
you will find a special registration section, where you create your
Membership Account.
You will have to provide current, complete, and correct information on:
• Postcode, Phone, birthday (only day and month).
• First and last name, e-mail, password.
Alternatively, you can use your social media account (Gmail) to register.
You will have to accept these Conditions and the Site Terms . Please also note Columbia’s Privacy Policy . You will be able to cancel your Membership at any time. To do so, you may either: (i) visit the "My Account" section of the Program Site and follow the cancellation instructions; or (ii) contact customer service at (+)48221039641 or by e-mail at EU-Safety Support@help.columbia.com. Your cancellation will take effect promptly, and you will receive a confirmation by e-mail. Columbia may cancel your Membership and related Advantages after prior warning, if it establishes an abuse of the Membership, including, but not limited to failure to abide by these Conditions, the “Site Terms” , suspicious purchases or returns, fraud or any other improper conduct. Columbia reserves the right to pursue any offender in accordance with applicable laws.
You will have to provide current, complete, and correct information on:
• Postcode, Phone, birthday (only day and month).
• First and last name, e-mail, password.
Alternatively, you can use your social media account (Gmail) to register.
You will have to accept these Conditions and the Site Terms . Please also note Columbia’s Privacy Policy . You will be able to cancel your Membership at any time. To do so, you may either: (i) visit the "My Account" section of the Program Site and follow the cancellation instructions; or (ii) contact customer service at (+)48221039641 or by e-mail at EU-Safety Support@help.columbia.com. Your cancellation will take effect promptly, and you will receive a confirmation by e-mail. Columbia may cancel your Membership and related Advantages after prior warning, if it establishes an abuse of the Membership, including, but not limited to failure to abide by these Conditions, the “Site Terms” , suspicious purchases or returns, fraud or any other improper conduct. Columbia reserves the right to pursue any offender in accordance with applicable laws.
E) Membership Account
You will have to choose a password for your Membership Account, which will be
difficult to be guessed by others. Your e-mail address together with your password will
grant you access to your membership account. You are responsible to keep your access details confidential and protected from theft and unauthorized use. You will have to inform Columbia at Customer Service: (+)48221039641 in case you suspect a fraudulent use of your Membership Account. Columbia will not replace lost or stolen Advantages.
It is your responsibility to update your details in case they change.
F) E-mails
Columbia Membership Program e-mails
When you sign up for the Columbia Membership Program, you will receive informational e-mails about the Program, including updates to the Program, changes to these Conditions, and related service communications. If you separately consent to receive marketing e-mails, you may also receive communications about the Program's benefits, such as invitations to members-only events or sweepstakes, early access to products, VIP sales, flash sales, special discount codes, and discounts on selected days or products. Consent to marketing e-mails is optional and is not required to join or remain a member of the Program. If you unsubscribe from marketing e-mails, you will continue to enjoy the core Advantages of the Program. Certain Advantages that can only be delivered by e-mail (e.g., flash sale invitations or time-limited discount codes sent exclusively by e-mail) will not be available to you if you have unsubscribed from marketing e-mails, but all other Advantages will remain available through your membership account. If you no longer wish to receive Columbia Membership Program marketing e-mails, you may unsubscribe by clicking "Unsubscribe" in your "My Account" section of your e-mail settings. You also have the option to click "Unsubscribe" at the bottom of each Columbia Membership Program marketing e-mail. We will continue to send you important service and technical e-mails relating to your membership account.
Newsletter e-mails
If you wish, you can also sign up to receive the general Columbia newsletter. To do this, you must tick the relevant box to show your free, clear, unequivocal, and informed consent. In case you register to receive our newsletter, you may receive e-mails about Columbia products, mails containing promotional content like open-to-all sales or other brand marketing activation, or special events. You can unsubscribe from receiving our newsletter e-mails at any time by going to our unsubscribe page, entering your e-mail address and clicking on “Unsubscribe”. You also have the possibility to click on “Unsubscribe” at the bottom of every newsletter e-mail. However, we reserve the right to send you important technical, non-promotional e-mails if we see a need to do so.
When you sign up for the Columbia Membership Program, you will receive informational e-mails about the Program, including updates to the Program, changes to these Conditions, and related service communications. If you separately consent to receive marketing e-mails, you may also receive communications about the Program's benefits, such as invitations to members-only events or sweepstakes, early access to products, VIP sales, flash sales, special discount codes, and discounts on selected days or products. Consent to marketing e-mails is optional and is not required to join or remain a member of the Program. If you unsubscribe from marketing e-mails, you will continue to enjoy the core Advantages of the Program. Certain Advantages that can only be delivered by e-mail (e.g., flash sale invitations or time-limited discount codes sent exclusively by e-mail) will not be available to you if you have unsubscribed from marketing e-mails, but all other Advantages will remain available through your membership account. If you no longer wish to receive Columbia Membership Program marketing e-mails, you may unsubscribe by clicking "Unsubscribe" in your "My Account" section of your e-mail settings. You also have the option to click "Unsubscribe" at the bottom of each Columbia Membership Program marketing e-mail. We will continue to send you important service and technical e-mails relating to your membership account.
Newsletter e-mails
If you wish, you can also sign up to receive the general Columbia newsletter. To do this, you must tick the relevant box to show your free, clear, unequivocal, and informed consent. In case you register to receive our newsletter, you may receive e-mails about Columbia products, mails containing promotional content like open-to-all sales or other brand marketing activation, or special events. You can unsubscribe from receiving our newsletter e-mails at any time by going to our unsubscribe page, entering your e-mail address and clicking on “Unsubscribe”. You also have the possibility to click on “Unsubscribe” at the bottom of every newsletter e-mail. However, we reserve the right to send you important technical, non-promotional e-mails if we see a need to do so.
G) Other conditions
a) Disclaimer
i. Columbia is not responsible for the conduct, whether online or offline, of any user of the program site(s) or the service, and you are solely responsible for your interactions with other users.
ii. Product reviews and comments are strictly the opinion of the user posting such reviews or comments, and Columbia does not endorse or approve any such reviews or comments.
iii. nothing in these site terms affects your statutory rights as a consumer. Advice about your statutory rights in Poland is available from your local citizens’ advice bureau or trading standards office.
iv. While Columbia attempts to make your access and use of the program site and the services safe, Columbia cannot and does not guarantee that the program site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Columbia reserves the right to change any and all content contained in the Program Site and any Services offered through the Program Site at any time without notice provided it does not have a materially adverse impact on you and your membership. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Columbia.
You agree and confirm that participation and membership in the Program and the uses of the Advantages is at your own risk. Columbia is not responsible for events outside its control.
b) Limitation of Liability
Subject to the following restrictions, Columbia's liability for damages is limited as follows:
i. If we fail to comply with these conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the program site
ii. Columbia will not be liable for any indirect or consequential damages, including but not limited to lost profits and interest, unless the damage is due to willful intent or gross negligence on the part of Columbia.
iii. Nothing in these conditions shall serve to exclude or restrict the liability of Columbia for death or personal injury caused by Columbia’s negligence, for fraudulent misrepresentation or fraudulent concealment, or for any other liability that cannot be excluded or restricted by law
iv. You agree not to use the program site, or any content on the program site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
v. To the extent that Columbia's liability is limited or excluded, the same applies to the liability of the legal representatives, employees and authorized representatives of Columbia.
c) Applicable Law and Jurisdiction
i. Subject to clause (ii) below, these Conditions and your use of the Program shall be governed by and construed in accordance with the laws of the country of the Program Site via which you registered, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the country of the Program Site via which you registered over any suit, action or proceeding arising out of or in connection with these Conditions.
ii. If you are consumer resident in Poland or in an EU Member State and we direct the Program Site to you, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Conditions, including clause (i) above, affects your rights as a consumer to rely on such mandatory provisions of local law and you can bring legal proceedings in respect of these Conditions in the courts of the country in which you are resident.
d) Termination
Notwithstanding any of these Conditions, Columbia reserves the right to terminate your license to use the Program, and to block or prevent future access to and use of the Program Sites if you are in breach of these Conditions. In the event Columbia wishes to terminate your licence to use the Program and to block or prevent future access to and use of the Program Sites, Columbia will provide you with a reasonable notice in advance. Any statutory rights to terminate the license without notice remain unaffected.
e) Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
f) Privacy Policy
Please refer to our Privacy Policy for information on how Columbia collects, uses and discloses personally identifiable information from its users.
g) Questions & Contact Information
If you have any question regarding the use of the Site for the Program, please refer first to the customer service. Questions or comments about the Site may also be directed to Columbia customer service.
i. Columbia is not responsible for the conduct, whether online or offline, of any user of the program site(s) or the service, and you are solely responsible for your interactions with other users.
ii. Product reviews and comments are strictly the opinion of the user posting such reviews or comments, and Columbia does not endorse or approve any such reviews or comments.
iii. nothing in these site terms affects your statutory rights as a consumer. Advice about your statutory rights in Poland is available from your local citizens’ advice bureau or trading standards office.
iv. While Columbia attempts to make your access and use of the program site and the services safe, Columbia cannot and does not guarantee that the program site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Columbia reserves the right to change any and all content contained in the Program Site and any Services offered through the Program Site at any time without notice provided it does not have a materially adverse impact on you and your membership. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Columbia.
You agree and confirm that participation and membership in the Program and the uses of the Advantages is at your own risk. Columbia is not responsible for events outside its control.
b) Limitation of Liability
Subject to the following restrictions, Columbia's liability for damages is limited as follows:
i. If we fail to comply with these conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the program site
ii. Columbia will not be liable for any indirect or consequential damages, including but not limited to lost profits and interest, unless the damage is due to willful intent or gross negligence on the part of Columbia.
iii. Nothing in these conditions shall serve to exclude or restrict the liability of Columbia for death or personal injury caused by Columbia’s negligence, for fraudulent misrepresentation or fraudulent concealment, or for any other liability that cannot be excluded or restricted by law
iv. You agree not to use the program site, or any content on the program site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
v. To the extent that Columbia's liability is limited or excluded, the same applies to the liability of the legal representatives, employees and authorized representatives of Columbia.
c) Applicable Law and Jurisdiction
i. Subject to clause (ii) below, these Conditions and your use of the Program shall be governed by and construed in accordance with the laws of the country of the Program Site via which you registered, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the country of the Program Site via which you registered over any suit, action or proceeding arising out of or in connection with these Conditions.
ii. If you are consumer resident in Poland or in an EU Member State and we direct the Program Site to you, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Conditions, including clause (i) above, affects your rights as a consumer to rely on such mandatory provisions of local law and you can bring legal proceedings in respect of these Conditions in the courts of the country in which you are resident.
d) Termination
Notwithstanding any of these Conditions, Columbia reserves the right to terminate your license to use the Program, and to block or prevent future access to and use of the Program Sites if you are in breach of these Conditions. In the event Columbia wishes to terminate your licence to use the Program and to block or prevent future access to and use of the Program Sites, Columbia will provide you with a reasonable notice in advance. Any statutory rights to terminate the license without notice remain unaffected.
e) Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
f) Privacy Policy
Please refer to our Privacy Policy for information on how Columbia collects, uses and discloses personally identifiable information from its users.
g) Questions & Contact Information
If you have any question regarding the use of the Site for the Program, please refer first to the customer service. Questions or comments about the Site may also be directed to Columbia customer service.