TERMS & CONDITIONS OF USE
Last updated 18 February 2022
- Entire Agreement. This Agreement, and all YETI policies referenced herein, constitute the entire and only agreement between YETI and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on YETI only if agreed in writing by you and an authorized representative of YETI. To the extent permitted by law, this Agreement may be amended by YETI at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Your continued use of the Site after such postings will automatically constitute your acceptance of those amendments.
- Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use YETI’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
- Verifying Your Address. YETI reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from YETI, or to register your account.
- Fraud. By creating an account, you confirm that the information provided to YETI is true and that you agree to abide by this Agreement. Please note that your account can be suspended or cancelled without notice the information that you provide is false or misleading, this Agreement has been violated by you, or other abuses have occurred as determined by YETI in its sole discretion.
- Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 15, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, YETI does not waive any right in such information and materials.
- Product Information and Colours. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Most products displayed on the Site are available in select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores.
- Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Ordering and Purchase of Products. Our Site may allow you to order and purchase products. The products displayed on our Site constitute a non-binding product catalogue. Our product offerings (and information, including price) on the Site are non-binding and do not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the products and your eligibility to purchase the products.
The prices displayed on the Site when shipping to New Zealand are quoted in New Zealand dollars. All prices displayed on the Site are inclusive of any GST, but exclusive of shipping and handling fees. All other applicable charges (if applicable) will be advised on the online order form when completing an online purchase. We reserve the right to vary or correct the prices displayed on the Site at any time without prior notice.
By placing an order via the Site, you make a binding offer to purchase the relevant products at the price (plus any delivery charges or other applicable charges) specified in the electronic order form you completed, on the terms of this Agreement. All other terms and conditions proposed by you are rejected and have no effect. The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is also excluded.
- Order Modification/Rejection. To the maximum extent permitted by law, YETI reserves the right to reject or modify any order we receive for any reason at any time before delivery, whether or not such order has been confirmed and/or your credit card has been charged, including the unavailability of products, an error in the price or the description of the products on this Site, cancellation or dishonouring of your payment or any error in the order placed by you. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, YETI will issue a credit to your credit card account for the amount rejected.
Payment Types. This Site may offer different payment methods which you may select in the online order form when completing your online purchase. You represent and warrant that if you are purchasing something from YETI with a credit card, that the credit card information you supply is true, correct and complete. You are solely responsible for any fees or charges that may be imposed on you by a third party in connection with your choice of payment method. Payments are processed by our selected third-party payment processor. If any fees or charges are imposed on us in connection with your choice of payment method (for example, merchant fees for payment by credit card), then these may be charged to you. The additional amount (if any) will be set out in the online order form.
YETI does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in YETI’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.
- Delivery, Title and Loss. The Site may offer different delivery methods. You may be able to choose which delivery method you prefer in the online order form when completing your online purchase. Subject to you making payment, we will use reasonable endeavors to deliver the ordered products to the delivery address set out in your online order form.
Delivery lead times vary. Please refer to information on the Site. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Delay in delivery does not relieve you from your obligation to accept delivery of and pay for the products. YETI will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.
The products will be deemed to have been delivered to you, and you will be deemed to have accepted delivery, if the delivery carrier’s tracking system states that delivery has occurred. If the delivery address is not attended, then the delivery carrier will follow its customary procedures for undelivered goods, which may include leaving a note requesting you to the pick-up the product or leaving the product at the delivery address. Subject to you making full payment, title and risk in the products will pass to you upon delivery or deemed delivery of the products.
- Return Policy. YETI's Return Policy is a part of this Agreement. To the maximum extent permitted by law, YETI does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.
- Consumer Law. To the maximum extent permitted by law, and except for the limited warranties specified on our Site, we exclude all representations, warranties, terms, conditions and undertakings in respect of the products that we supply. However, our products come with statutory guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986, and also other conditions, warranties or representations that are implied by law and which cannot be lawfully excluded (“Prescribed Terms”). To the maximum extent permitted by law, a representation, warranty or Prescribed Term will not apply to any fault or failure of the product if it has been caused by accidental or deliberate damage, neglect or misuse, whether by you or another person. Our liability in relation to any representation, warranty or Prescribed Terms or otherwise in connection with our products is, to the maximum extent permitted by law, and at our discretion, limited to the resupply of products or equivalent goods, the repair of the product or the payment to you of the cost of having the products repaired or supplied again. However, this does not exclude or restrict any rights or remedies that you may have under the Consumer Guarantees Act. If you wish to make a claim under our limited warranties specified on our Site, please follow the process in on our Site.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any YETI content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of YETI, in any other manner that is likely to cause confusion among consumers, that disparages or discredits YETI and/or its licensors, that dilutes the strength of YETI, or that otherwise infringes YETI’s intellectual property rights.
- Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org, and provide the following information ("Notice"):
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying YETI that your copyrighted material has been infringed. Upon receipt of your notification, YETI will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
- Links to Other Web Sites. The Site contains links to other websites. YETI is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by YETI. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by YETI. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to YETI (collectively, “Submissions”) shall be deemed and shall remain YETI’s sole property and shall not be subject to any obligation of confidence on YETI’s part. Without limiting the foregoing, YETI shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. YETI retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, YETI provides no warranty that designs created using our text tools and images will not infringe or will not be subject to a claim of infringement in relation to, the trademark, copyright or other rights of any other person.
YETI reserves the right to re-purpose submitted artwork for YETI’s own marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 14, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL YETI OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING YETI'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disclaimer. To the maximum extent permitted by law, YETI makes no representations about the reliability of the features of the Site, the YETI content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. YETI makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of New Zealand. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
- Indemnity. You agree to defend, indemnify and hold YETI and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your violation of the terms and conditions contained in this Agreement, or (c) your violation of any rights of a third party, including intellectual property rights.
- Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to YETI shall be sent by mail to YETI Australia PTY LTD, 1/43-49 Buckhurst Street, South Melbourne, Victoria, Australia 3205, with a copy to email@example.com. In the case of notices YETI sends to you, you consent to receive notices and other communications by YETI posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that YETI provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, five days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Applicable Law. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of New Zealand, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that the courts exercising jurisdiction in New Zealand will have the non-exclusive jurisdiction to resolve any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of YETI products via nz.YETI.com) and you agree to submit to the jurisdiction of those courts.
To the extent permitted by law, any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of YETI products via nz.YETI.com) must be commenced within one (1) year after the claim or cause of action arises. This does not affect your rights under the Consumer Guarantees Act or Fair Trading Act.