Terms & Conditions
TERMS & CONDITIONS
The following terms and conditions apply to Mountain Digital trading as "Powderalps". Mountain Digital Limited is registered in Scotland, company number SC435519, 66 Tay Street, Perth, PH2 8RA, which sells snow safety and touring gear and courses.
Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
Shipping options are as indicated on our shipping services page which is updated from time to time. You can find the current document here and you will see this at shopping checkout as well.
Items on the web site are linked to our live stock system to provide as accurate information as possible.
Our website is linked to our warehouse system and our suppliers in some cases to give as accurate stock availability information as possible. In the very rare event that we have a stock error on our system, we will contact you straight away to advise you and offer an alternative option or full refund.
For items indicating they are available for back order, we will contact the supplier and find out an availability date, and advise you this date or if the item is no longer available, so you can decide whether to wait for your item or cancel your order.
We may undertake additional security checks before shipping goods to you. This is for our customer's protection from any potential fraud, and thank you for your understanding.
- "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
- These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.
- The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS UPON LIABILITY
Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.
Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
"Competition" goods are supplied for specialist use and are subject to extreme wear and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall be limited to that of the manufactures guarantees. It is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
H) Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
DISCOUNTS AND ORGANISATION DISCOUNT CODES
CLUB DISCOUNTS: From time to time we will offer discount codes to associations and clubs. These can only be used by those who are fully affiliated and memberships up to date at the time of purchase. We reserve the right to refuse a discount if we deem that the claim for it is not valid, and can revoke discount codes at any time if we feel the code has been compromised.
VOUCHER AND COUPON CODES: From time to time we will offer discount vouchers and codes online, via email, and/or via our website. We reserve the right to cancel any coupon or voucher if it is being abused. Discount codes cannot be combined with other codes or vouchers or in combination with association and club discounts, or ski and snowboard Star Buys bundle deals. Discount codes that are for online use cannot be used for in-store purchases. Discount codes and coupons cannot be used for the following items: Gift Vouchers.Online discount codes are for use online only on our website, and cannot be added retrospectively, as our codes are constantly changing depending on the offer available at the time you are browsing our website.
PRICE MATCH SERVICE
We welcome enquiries to consider price matching our competitors, via the Price Match link on any product detail page on our desktop website. We will always endeavour to match a price where it is feasible, and if we cannot we will advise why, and offer our best price for your consideration.
BUYING ITEMS WHICH ARE THEN REDUCED: If we drop the price of an item you have bought from us within 14 days of purchase, we will extend the difference to you as a credit. Simply contact us to advise us, so we can check and confirm the credit for you. We will issue you a discount code for you to use on your next purchase valid for 6 months. This gives you piece of mind when buying from Powderalps. Please note that we cannot consider discount codes and coupons that are offered from time to time as part of this calculation, our offer is based on any reduction in the product price only.
Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, orders placed before the variation will remain the same price and no further increases will be passed to customer.
TITLE AND DELIVERY
Title to the product shall not pass to the buyer until the company has received payment in full and when the goods have been delivered to the buyer. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
All times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY
A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within fourteen working days from the day after delivery of the goods. Cancellation of the contract can be effected by service of the Cancellation Notice annexed to these Terms and Conditions signed on behalf of the buyer and delivered by first class post to the Company's Head office.
If a Notice of Cancellation is received by the Company in accordance with clause 23 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company preferably in their original packaging (and without having been installed or used) and at the consumer buyer's sole expense.
If the consumer buyer fails to return the goods within 14 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any direct costs involved in such collection from the consumer buyer.
The Company shall effect a refund of any monies owing to the consumer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which the Company is entitled under clause 25.
Goods delivered to the buyer may be returned to the Company preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 30 days from the day after delivery of the goods.
The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
Any item can be returned to us for any reason provided it is returned unused with its original packaging and a copy of or the original invoice. Due to the high incidence of fraud we regret that we are unable to offer any refund without a valid copy or original receipt.
Skis that have had the bindings DRILLED and/or mounted are effectively determined as used, as they have been set to your specific boot sole length and therefore we cannot subsequently resell them. We can consider a refund skis on a rail based system as these can normally be reset depending on the model of ski. Skis that have been waxed are also deemed as used.
Items for return or exchange should include a returns form, and the sender is responsible for the safe return of the goods in as-sent condition. Full details on how to process a return and a download link for our returns form if you have mislaid the one sent with your order can be found here on our returns page. C) We will process any refund using the same method of payment used for the original purchase. Credit & debit card refunds must be made to the card used for the original purchase. Debit & Credit Card Refunds can take up to 5 working days, even if we process them immediately. This delay is down to your individual bank or credit card company and not due to delays in our refunding you. PayPal refunds normally take around 5 working days, and is controlled by PayPal.
This agreement shall be interpreted in accordance with Scottish Law and industry custom and practice, and Scottish courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the agreement shall be with Scottish Law and it shall be deemed that any agreement is made in 66 Tay Street, Perth irrespective of any rule of contract dictating otherwise.
We value your privacy, and therefore do not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. There is an option to store a cookie on the PC when you first register.
When you pay for goods your details are passed through our merchant system purely for payment processing and anti-fraud purposes, for your protection. We store no card details, in line with PCI Compliance. Our payment provider CreditCall is PCI DSS level 1 compliant. For more information on PCI compliance visit this link:
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 . We will collect any information given at the time of the ordering process only to enable us to input and process your order.
We will not e-mail you in the future unless you have given us your consent. If you wish to be deleted from our mailing list at any time please follow the unsubscribe link at the bottom of the email.
This web site has been prepared solely on the information supplied by the contributors and manufacturers. Its accuracy cannot be guaranteed. The publishers and their production team cannot accept liability for inaccuracies, errors or omissions in such information howsoever arising. Prices are correct at the time of submission to the site, excluding genuine mistakes. If, by mistake be it a human error or systems error, we make a significant price error on a product, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you.
Specifications are advised by the manufacturer, and are subject to change by the manufacturer at any time.