General Terms and Conditions

for YETI UK Limited online orders

March 2021

  1. Scope of application, conclusion of a purchase agreement

1.1 These General Terms and Conditions ("General Terms and Conditions") apply to all agreements that YETI UK Limited ("YETI" or "we") with its registered office in 100 New Bridge Street, London, England, concludes with a customer who is a consumer within the meaning of article 6:230g sub 1(a) of the Dutch Civil Code ("DCC"), i.e. every natural person who enters into a legal transaction for purposes that are outside such person's trade, business or profession, ("you") on the basis of online orders, e.g. via the website of YETI ("Website").

1.2 The products displayed on our Website constitute a non-binding product catalogue. Our product offerings on the Website are non-binding and do not constitute an offer to conclude a purchase agreement.

By placing an order via the Website, you make a binding offer to purchase the relevant products and, thus, to conclude a purchase agreement ("Agreement").

To place an order, you may, as a first step, put our products into your shopping basket in a non-binding manner and then correct your entries at any time by adjusting your cart before placing your binding order. In the basket itself, you can change the quantity of a product or delete a product from your basket at any time. Next, you are required to enter all of the data that is relevant to the processing of your order (first and last name, invoice and delivery address, selection of a payment method and payment details, e-mail address, shipping details). During the order process, we provide you with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help you to recognise any errors you have possibly made in your entries. Your order data is then summarised once again for your final check. By clicking on the "Order and pay" button, you place a binding order for the products in your basket. By clicking on the “Order and pay” button and placing a binding order you accept these General Terms and Conditions and the Privacy Policy.

Receipt of the order will be confirmed by us via e-mail to you ("Receipt Confirmation") without undue delay. The Receipt Confirmation does not yet constitute the acceptance of your order unless it expressly declares such an acceptance; in this case, the Agreement shall be deemed to have been concluded as a result of the acceptance. In all other cases, an Agreement is deemed to have been concluded at the time at which the products you have ordered are dispatched as stated in Clauses 4.1 and 4.2 and you receive a further separate e-mail from us informing you of the dispatch ("Dispatch Confirmation"). The Dispatch Confirmation will also contain all details of the Agreement (including the details of the order and these General Terms and Conditions as well as the Privacy Policy).

We reserve the right in our sole discretion not to accept your order. If the Receipt Confirmation does not expressly declare an acceptance of your order and your products are not dispatched within five working days from receipt of the Receipt Confirmation, your offer to conclude an Agreement shall be deemed to have been rejected.

If you have selected PayPal or Apple Pay as your payment method as stated in Clause 3.2, the Agreement shall be deemed to have been concluded at the time you confirm the payment instruction to PayPal or Apple Pay.

1.3 The languages available for the conclusion of an Agreement are:

Dutch or English.

The respective language of an Agreement shall depend on the language in which the Website, where you purchase our products, is designed.

1.4 You can place your order as a guest via Express Checkout without registering. You may also register on our Website as stated below in Clause 2 when you place your order and create a customer account ("Customer Account"). If you create a Customer Account when you place your order, the details of your order and the Agreement will be stored therein; you can then review the details in your Customer Account. We will also send to you the order details and these General Terms and Conditions with the Dispatch Confirmation as stated in Clause 1.2 para. 4. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.

1.5 You are entitled to withdraw from the Agreement in accordance with the instructions on withdrawal pursuant to Clause 8.2.

1.6 If you wish to amend or cancel your order immediately after having clicked “Order and pay” then please call our customer service team who will do their best to help. You can reach them under +44 808 1697080 or by email at help@yetieuropecustomerservices.com. Your statutory withdrawal rights remain unaffected.

  1. Registration, customer account and data protection

2.1 In order to register on our Website, you have to complete the mandatory fields in the registration form correctly and in full. The registration is successfully completed if it has been confirmed by us with a corresponding confirmation e-mail.

2.2 Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, then you shall inform us immediately and change your login details. You are also responsible for renewing the data specified by you for each new order.

2.3 Further information on the handling of your personal data is set out in our Privacy Policy.

  1. Terms and conditions of payment, shipping costs, return shipping costs

3.1 All prices for products displayed on the Website include statutory VAT. All transactions are processed in Euro.

3.2 The following payment methods are available:

- Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon acceptance of your order according to Clause 1.2 para. 4.

- Shop Pay: When you add Shop Pay as a payment method and you have already registered with Shop Pay your details will be remembered and your order will be processed with just a couple of clicks.

- Apple Pay: When you add Apple Pay as a payment method, you'll need to verify your account in the Apple Pay App or on the website.

- PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.

- Google Pay: When you add Google Pay as a payment method, you'll need to verify your account via Google Pay in order to place your order.

- iDeal: You will be taken to your chosen bank account to make payment.

- Bancontact: You will be taken to bancontact to either pay using the app or by entering in your card details.

- Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in 30 days: The payment period is 30 days from shipment of the goods. You can find the complete terms and conditions for the markets where this payment method is available here.

The payment methods Pay in 30 days and Slice It are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the results of the credit check. General information about Klarna and the user terms per country can be found on [https://www.klarna.com/uk/terms-and-conditions/]. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

- Gift Cards: In order to redeem your e-gift card, add the e-gift card number emailed to you after purchase into the gift code box on the checkout, this will automatically deduct the entire amount of your e-gift card from your order total. You can use another payment method to pay for the rest of your order, if your e-gift card does not cover the entire order amount. You are unable to apply just a portion of your e-gift card amount to an order. To find out the balance of your e-gift card please contact us and we will be more than happy to help. If you are using an e-gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired. The expiration date will be noted on the gift card, not to be less than one year from its issuance.

3.3 All debit and credit card payments are subject to validation and authorization by the relevant card issuer. If for any reason the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery to you. We will at all times ensure that our website is as secure as possible. In addition, we will take all reasonable care to protect the details of your order and payment. However, except in the case of proven negligence on our part, we will not be liable for any losses you incur if a third party gains unauthorized access to your personal information on our website, to the extent permitted by law.

3.4 For each binding order you place via the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to the Receipt Confirmation as stated in Clause 1.2 para. 4 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation as stated in Clause 1.2 para. 4.

3.5 In the event of default in payment, we are entitled to our statutory rights.

3.6 The exercise of any retention right by you is excluded to the extent that the counterclaims are not based on the same contractual relationship.

3.7 All prices for products displayed on the Website do not include shipping costs as well as customs duties and other similar public charges. These will be charged over and above the specified product prices, and will be communicated to you before you click “Order and pay”, unless otherwise expressly agreed.

The shipping costs will be automatically specified in your basket and displayed in the summary of the order data as stated in Clause 1.2 para. 3. These costs will also be included in the invoice as stated in Clause 3.4.

You are not obliged to bear the shipping costs for the delivery in the event you validly exercise your right of withdrawal according to Clause 1.5.

4 Terms and conditions of dispatch and delivery

4.1 Any date of dispatch communicated by us shall be approximate and may deviate by two working days unless an exact date has been expressly agreed.

4.2 The date of dispatch shall be the date on which the products purchased by you are handed over to a transport person delivering the products.

4.3 The products can be exclusively delivered to addresses within the Netherlands and elsewhere within the European Economic Area and European Free Trade Area.

4.4 The product availability can generally be seen in the product description. Products shall be delivered within 2 - 5 working days unless no or a deviating delivery period is indicated with regard to the respective product on our Website.

In the event that a product you have ordered via our Website is (temporarily) unavailable when you are placing the order, we will inform you immediately about the non-availability. In case a product is permanently unavailable, we will refrain from accepting your order. An Agreement will not be concluded in this case.

In the event an Agreement is concluded and our supplier fails to make a delivery relevant for the delivery of a product ordered by you, then any applicable period for delivery according to this Clause 4.4 shall be deemed to have been extended until three working days after the respective delivery is made by our supplier but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply is not based on our fault or negligence and we have made a corresponding order from the supplier without undue delay.

If a product is permanently unavailable or cannot be timely delivered as stated in Clause 4.4 para. 3, we will inform you immediately. In the event a product is unavailable and the delivery cannot be assured by the delivery from our supplier within the foreseeable future, we shall be entitled to withdraw from the Agreement. In such case, we will reimburse you all the payments you have made with respect to the order, if any. Your statutory rights in connection with the default in delivery shall remain unaffected by this provision 4.4 para. 4.

We are entitled to deliver products you have collectively ordered in partial deliveries, provided that the products can be used separately. We will bear any additional shipping costs caused thereby.

5 Retention of title

We retain title to the products delivered to you until the payment for them has been made in full.

You are not entitled to resell any products delivered to you which are subject to the retention of title as stated in this Clause 5 unless we have granted prior written consent to such resell.

6 Liability for defects

6.1 In the event of defects in the products, the statutory provisions shall apply. The period of limitation for all claims for defects is two years and starts at the time the defect was first reported to us. Claims for defects, which we have fraudulently concealed or which are covered by a quality guarantee, shall remain unaffected by this provision 6.1.

Claims for damages due to defects shall be governed by statutory law, though modified by the provisions in Clause 7.

6.2 In all cases involving defects, we would ask you to contact our customer service team

by calling +44 808 1697080 or emailing help@yetieuropecustomerservices.com. Charges vary depending on your service provider and country. Your claims shall naturally remain unaffected.

7 Further liability

7.1 We shall always be liable irrespective of the type of breach of our obligations arising from an Agreement, including tort, if the breach of obligations is based on an intent or gross negligence.

7.2 In case of a breach of contractual obligations by us, our statutory representatives or vicarious agents, where the fulfilment of such obligations is crucial for the due performance of the Agreement in the first place and the contractual partners can generally be expected to trust in their fulfilment, we shall be liable for any breach based on negligence, but in case of slight negligence the liability shall be limited, to the typical damage that can be foreseen at the time the Agreement was concluded.

7.3 The limitations of liability and exclusions as stated in this Clause 7 do not apply

- to damages resulting from injury to life, limb or health,

- in the event of fraudulent concealment of defects,

- in the event of liability for claims based on product liability as meant in Article 6:185 et seq of the Dutch Civil Code(productaansprakelijkheid),

- in the event of wilful intent or deliberate recklessness on the part of our organs or executive employees or

- to the extent we have granted a guarantee as to quality or durability.

7.4 To the extent our liability is excluded or limited as stated in this Clause 7, this shall also apply to our employees, representatives and vicarious agents.

8 Right of withdrawal

8.1 You have a right of withdrawal subject to the following provisions.

8.2 Instructions on withdrawal

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (YETI UK Limited by phone at +44 808 1697080 or email at help@yetieuropecustomerservices.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or YETI RETURNS RIF EUROPE, Changiweg 3, 1437 EP Rozenburg, the Netherlands, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.3 Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To YETI UK Limited by phone at +44 808 1697080 or email at help@yetieuropecustomerservices.com:

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

___________

(*) Delete as appropriate.

8.4 Extension of withdrawal period

You have the right to withdraw from this contract beyond the statutory period of 14 days within a total period of 30 days in accordance with the provisions in this Clause 8. Please also note the terms of return in our Returns Policy.

  1. Online dispute resolution

  1. Applicable law

The laws of the Netherlands shall apply. This choice of law shall not apply, however, if it results in depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of statutory provisions.