Posted and effective as of October 2016.
These Sales Terms are applicable to the Suunto Webshop (“Online Shop”) at the https://www.suunto.com/en-ca & http://www.suunto.com/fr-ca/ and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Suunto, a division of Amer Sports Canada Inc. (herein, "Suunto", "we" or "us" as the context may require). Amer Sports Canada Inc. 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.
1. About These Sales Terms
These Sales Terms only apply to purchases made in this Online Shop. Other Suunto web sites on the internet may have different terms and conditions. From time to time Suunto may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Suunto.
Information contained in Suunto's advertising, brochures or other written materials, on Suunto web sites or given to you, is for information only and not an offer by Suunto 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 Hookup purchase programs.
2. Placing an Order
Please note that we only deliver the Products within Canada.
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 Canada (No P.O. Box or Rural Route delivery); and
be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
When you create a Suunto 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.
2.1 Order Process for Custom Product
If you are ordering Suunto customized products, you will:
Select the components to create your own design (components selection may include depending on the chosen product: case, strap, bezel, glass, dial, buttons, screws, gasket, display and heart rate belt);
Personalize the product with an optional laser print on the back of the watch (max 30 characters for the Customized Ambit3 Peak Traverse and Traverse Alpha ; max 23 characters for the Customized Spartan Sport WHR and Spartan Sport WHR Baro).
Please add your customized product to your basket and purchase it via our regular checkout. This is free of charge. Customized products: estimated delivery time within 10 days.
3. 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 must be accepted by Suunto. We may choose not to accept abnormal orders and orders which Suunto suspects are not placed in good faith.
After having received your order, we will send you an acknowledgement email ("Your Suunto Order") 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 Suunto and you will not take place unless and until you have received Your Suunto Order confirmation email.
4. 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. Suunto may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Suunto charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Suunto 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 Suunto order confirmation email.
5. Product Availability and Delivery, Circumstances Beyond Reasonable Control
Suunto does not guarantee the availability of any Product in the Online Shop. Suunto reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
Suunto 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.
If you order any personalized items, the manufacturing time for such items is added to the shipping time of the selected delivery option.
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 Suunto.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
Suunto 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.
6. 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 Suunto (or non-Suunto) 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.
Payment by credit/debit cards shall be made by a credit or debit card approved by Suunto. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment card 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 card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
8. Title to Products
Suunto retains full legal title to Products until it has received all amounts due on the ordered Products.
9. Return and Refund, Other Options
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the product within thirty (30) calendar days after the date of receipt of the delivery and correctly follow the instructions on the return form provided with your shipment.
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.
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 1-855-258-0900 either via email or by phone for assistance.
10. How to Return Items
A pack slip and return form will be inserted within your package with return instructions.
You must return the items in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
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.
You can download the Return Form and instructions here.
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 fifteen (15) calendar days after the date of receipt of the delivery.
Please note that Suunto will only process returns and refunds for items bought in this Online Shop.
A Suunto limited manufacturer's warranty offered for Products will be included in the user guide or included in the Product's packaging or made available otherwise to you. For more information please see details of the applicable Suunto warranty.
There are no other warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the ordered items (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the ordered items are suitable for your purposes.
For other than Suunto Products (even if they are contained in Product bundles or promotions), all warranty claims are to be made in accordance with the warranty terms and conditions of the manufacturer.
If you believe that you are entitled to repair services under the Suunto limited manufacturer's warranty or based on your statutory rights, please use the Service Request to send in your product to be serviced.
12. Personal Data
13. 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. Neither Suunto nor any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Online Shop, or your downloading of any information or materials from this Online Shop. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
You or Suunto may suspend or terminate your account or your use of this Online Shop at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
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.
16. Contact details
Suunto customer support will assist you with any questions. You can contact us either via email or by phone 24/7.
17. Governing law
These Sales Terms shall be governed and construed in accordance with laws of the province of Ontario, Canada.
18. Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Online Shop. Your continued use of this Online Shop following either form of notice will signify your acceptance of the revised terms of this Agreement.
Certain trademarks, trade names, service marks and logos used or displayed on this Online Shop are registered and unregistered trademarks, trade names and service marks of Sunnto or its affiliates. Other trademarks, trade names and service marks used or displayed on this Online Shop are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Online Shop grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Online Shop without the written permission of Suunto, its affiliates, suppliers, or such other owner.