Terms of service

Welcome to k2.com.au (“we”, “our”, “us”, “K2”, “K2 Base Camp”). This website is operated by Baltoro Pty Ltd trading as K2 Base Camp. By accessing or using our website and services, you (the user) agree to comply with and be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read them carefully.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new updates, features, or tools that are added to the current website shall also be subject to the Terms and Conditions. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website following the updates/edits constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – RIGHT TO SERVICE & GENERAL TERMS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred over various networks in an unencrypted form, and may be subject to changes to conform and adapt to the technical requirements of connecting networks or devices. However, credit card information is always encrypted during transmission to ensure your payment data is protected.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – USE OF OUR WEBSITE

2.1 Eligibility
You must be at least 18 years old to use our website or have the consent of a parent or guardian.

2.2 Acceptable Use and Prohibited Conduct
By using our website, you agree to act responsibly and lawfully. You must not:

Use our website for any illegal purpose or encourage others to engage in unlawful activities.
Violate any applicable laws, regulations, or rules.
Infringe upon our intellectual property rights or those of others.
Harass, abuse, insult, harm, defame, intimidate, or discriminate against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Submit false, misleading, or fraudulent information.
Attempt to gain unauthorized access to our website, servers, or data.
Upload or transmit viruses, malware, or any malicious code that may compromise the security of our website or any related services.
Collect, track, or exploit personal information of others without consent.
Engage in spamming, phishing, pretexting, scraping, or other deceptive activities.
Interfere with or bypass any security measures or access restrictions on our website.
Use bots, automated systems, or any unauthorized means to access or disrupt our website or services.

Violation of these terms may result in suspension or termination of your access to our website and legal action where necessary.

2.3 User Comments, Feedback and Other Submissions
At k2.com.au, we value customer feedback and engagement. If you submit reviews, testimonials, product feedback, contest entries, or any other materials (collectively, "Submissions") via our website, email, social media, or any other platform, you agree that:

We may use your Submissions or edited versions of your Submissions (including text, images, videos, or other media) for marketing, promotional, or business purposes without restriction or compensation.
We are not obligated to maintain your Submissions in confidence, pay for them, or respond to them.

Content Guidelines
You agree that your Submissions will not:

Contain false, misleading, offensive, defamatory, or unlawful material.
Violate third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights.
Contain malware, viruses, or any harmful code that could affect our website’s functionality.
Include spam, promotions, or advertisements unrelated to k2.com.au.
Misrepresent your identity or impersonate someone else.

Moderation and Publishing Rights

k2.com.au reserves the right to refuse to publish, edit, or remove any Submission at our sole discretion.
We may moderate, filter, or disable comments, reviews, or other content that we determine to be inappropriate, misleading, or in violation of these Terms and Conditions.
We assume no responsibility for user-generated content and are not liable for any comments or materials posted by customers or third parties.

2.4 Third-Party Content (Websites, Links, Tools, and Apps)
Some content, products, and services available on K2.com.au may include materials from third parties. This may include, but not be limited to:

Links to external websites (e.g., brands, suppliers, blogs, or partner services).
Embedded tools or apps (e.g., payment processors, review widgets, social media integrations).

We do not control or endorse any third-party websites, tools, or content. We are not responsible for examining or evaluating their accuracy, reliability, or policies.

Limitation of Liability

k2.com.au is not liable for any loss, damage, or issues arising from your use of third-party content, services, or transactions.
Any purchases, interactions, or disputes with third-party websites or services are at your own risk, and you should carefully review their terms, policies, and privacy practices before engaging with them.
Any questions, concerns, or claims related to third-party products or services should be directed to the respective third party.
Imposter Websites: Please be aware that there may be fraudulent or imposter websites that attempt to mimic k2.com.au or our services. We only operate under one domain, k2.com.au, and any other website or domain claiming to represent us is not affiliated with K2 Base Camp. K2 Base Camp is not responsible for any loss, damage, or issues arising from your use of fraudulent or imposter websites. We encourage you to verify that you are on the official k2.com.au website to ensure a safe shopping experience.

By using k2.com.au, you acknowledge that we are not responsible for any third-party materials or transactions and that your engagement with such third parties is at your discretion.

2.5 Billing and Account Information Accuracy
To ensure the smooth processing of your orders, you agree to provide accurate, complete, and up-to-date billing and shipping details when placing an order. You are responsible for ensuring that your account information is current and correct.
We reserve the right to review and cancel any orders that are deemed as potentially fraudulent, misleading, or harmful to our business or others. This includes orders placed with the intent to resell or placed in bulk by unauthorized third parties or resellers.

2.6 Intellectual Property
All content on k2.com.au, including text, graphics, logos, and images, is our property or the property of our content suppliers and is protected by Australian and international intellectual property laws.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 3 – ACCURACY OF WEBSITE INFORMATION

3. Accuracy of Website Information
Errors may occur on k2.com.au due to various factors, including but not limited to system faults, human error, unexpected changes in inventory, and third-party services. While we strive for accuracy, we cannot guarantee that all information on the site is free from errors. K2 will not be held responsible for any compensation or liabilities arising from such errors.

3.1 Products
While we strive to ensure that all product descriptions, specifications, and features on k2.com.au are accurate, we cannot guarantee that all details are always current or error-free. We make every effort to provide up-to-date information, but product descriptions, features, and specifications are subject to change without notice. Additionally, while we have made every effort to display the colours and images of our products as accurately as possible, we cannot guarantee that your computer monitor’s display of any colour will be completely accurate. In case of any uncertainty or for specialized items, we recommend verifying key product details with our customer service team before making a purchase.

3.2 Price
Prices for products and services are subject to change without notice. Prices may vary depending on promotions, sales events, or other factors. We strive to maintain accurate pricing, but errors may occur due to the reasons mentioned at the beginning of this section. In the event of any pricing discrepancies, we reserve the right to cancel or adjust orders based on the correct price.

Our pricing is based on supplier, distributor, and brand-set Recommended Retail Prices (RRPs), and we adhere to their pricing rules where required. Discounts, promotions, and special offers are determined in accordance with these RRPs and supplier agreements. As such, pricing may vary due to supplier changes, industry requirements, and sales events.

From time to time, we may run planned or unplanned sales, promotions, or discounts. Purchases made before a sale event are not eligible for price adjustments, refunds, or credits to match sale pricing. We encourage customers to stay informed about upcoming sales through our website, newsletters, or promotions.

3.3 Stock Availability
Stock availability may fluctuate and is subject to change based on demand, supply chain issues, or other unforeseen circumstances as mentioned at the beginning of this section. If stock levels are incorrect due to system or software errors, we will notify you and offer an alternative or process a refund if necessary.

K2 Base Camp operates both online at k2.com.au and from a physical retail store, using the same inventory. During high-demand periods such as sales events, stock discrepancies may occur due to delays in real-time data transfer between Shopify and our inventory handling system.

Additionally, products may become damaged or be found to be damaged without K2 Base Camp’s prior knowledge. In such cases, stock availability may be misleading, and K2 Base Camp cannot be held responsible for fulfilling an order if the item is deemed unsuitable for sale. We will notify you and offer an alternative or refund if necessary.

If a product sells out during a sales event, K2 Base Camp is not responsible for sourcing additional stock or offering the same discount at a later date. Discounts and promotional pricing apply only to available stock at the time of the sale.

3.4 Blog Content
The content provided on our blog is for general information purposes only. k2.com.au does not guarantee the accuracy, completeness, or reliability of any advice or information provided on the blog. You acknowledge that any reliance on blog content is at your own risk, and K2 cannot be held responsible for any consequences resulting from decisions based on the blog content.

3.5 Event Content
Content related to events or promotions may be subject to change without notice. While we aim to provide accurate and up-to-date information about upcoming events, we cannot guarantee that all details, such as dates, locations, or availability, are current. We reserve the right to modify, cancel, or update event details at our discretion.

3.6 Shipping Content
Shipping details, including shipping times, costs, and availability, may be subject to change based on various factors, such as delivery method, carrier delays, or availability of products. We strive to provide accurate shipping information, but in the event of discrepancies, we will notify you and take appropriate steps to resolve the issue.

3.7 Invoices and Order Updates
Errors may occur in invoices and order updates, including order status, tracking details, and changes to your order. While we strive to provide accurate and timely updates, discrepancies may arise due to system faults or human error. In such cases, we will notify you and make the necessary corrections to your order or invoice details.

3.8 Other Content
This includes all other content on the website, including images, media, and articles. While we strive for accuracy, K2.com.au does not guarantee that all content is complete, accurate, or error-free. We reserve the right to modify, remove, or update any content on the website at any time.

SECTION 4 – RETURNS, EXCHANGE AND REFUND POLICY

Please see our detailed policy here.

SECTION 5 – SHIPPING AND DELIVERY POLICY

K2 Base Camp strives to ensure prompt and efficient shipping; however, delivery times may vary due to factors beyond our control, such as courier delays, supply chain disruptions, or unforeseen circumstances.

Once an order has been dispatched, ownership and risk transfer to the customer. K2 Base Camp is not responsible for lost or damaged packages once they have been handed over to the courier. If your order is lost or damaged in transit, we recommend contacting the courier directly to initiate a claim. We will assist where possible, but the ultimate responsibility lies with the courier service.

Shipping Costs & Adjustments:

Shipping costs are advertised at checkout based on the latest information from our shipping providers. However, in rare cases, discrepancies may occur due to inaccurate data from shipping providers. K2 Base Camp reserves the right to cancel an order or request additional shipping charges if the actual cost significantly differs from the estimated amount. Any additional charges will only be applied if mutually agreed upon with the customer.

Customers are responsible for providing accurate shipping details. K2 Base Camp is not liable for delays or lost shipments due to incorrect or incomplete addresses provided at checkout. In cases where an order is returned to us due to an incorrect address, additional shipping fees may apply for re-dispatch.

Delivery of the Packages:

Estimated delivery times are provided as a guideline and may be affected by external factors such as carrier delays, weather conditions, or customs processing. K2 Base Camp is not responsible for delays once an order has been dispatched.

If a package is marked as delivered but not received, customers should first check with their local courier depot or neighbours. If the issue persists, we recommend filing a report with the courier, as K2 Base Camp cannot be held liable for missing packages that are marked as successfully delivered.

For damaged items upon arrival, customers must notify K2 Base Camp within a reasonable timeframe, including providing photos of the damage. We will assess cases individually and, if applicable, facilitate a resolution such as a refund or replacement, depending on stock availability.

International Shipping:

If K2 Base Camp offers international shipping; customs duties, taxes, or import fees are the responsibility of the customer. Please check your local regulations before purchasing.

K2 Base Camp reserves the right to adjust shipping policies as necessary to align with industry standards and ensure the best service for our customers.

SECTION 6 – WARRANTY POLICY

Please see our detailed policy here.

SECTION 7 – PRIVACY POLICY

Please see our detailed policy here.

SECTION 8 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

At k2.com.au, we strive to provide reliable products and services, but we do not guarantee that your use of our website will always be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from using our services will be accurate or reliable.
We may modify, suspend, or discontinue any part of our website or services without notice.
By using K2.com.au, you agree that your use is at your own risk. Unless expressly stated, all products and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to:
Merchantability (suitability for sale)
Fitness for a particular purpose (e.g., suitability for extreme outdoor conditions)
Durability, title, and non-infringement

Limitation of Liability
To the maximum extent permitted by law, K2 Base Camp, and its directors, employees, affiliates, agents, suppliers, and service providers shall not be liable for:

Any injury, loss, claim, or damages (direct, indirect, incidental, punitive, or consequential) related to:
a) The use of our products or services.
b) Errors, omissions, or inaccuracies on our website.
c) Third-party links, content, or transactions.
d) Any failure of performance, interruption, or security breach.
Some jurisdictions do not allow the exclusion of certain liabilities, in which case our liability will be limited to the fullest extent permitted by law.

SECTION 9 - INDEMNIFICATION AND ASSUMPTION OF RISKS

By purchasing or using products from k2.com.au, you acknowledge and agree that outdoor activities, including but not limited to hiking, climbing, mountaineering, camping, running and other adventure sports, involve inherent risks, including the risk of serious injury or death.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless k2.com.au, its directors, employees, suppliers, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

Your use or misuse of any product purchased from our website.
Any injuries, damages, or losses resulting from the inherent risks of outdoor or adventure activities.
Any failure to follow safety guidelines, instructions, or manufacturer recommendations when using our products.
Your breach of these Terms and Conditions or violation of any applicable laws.

K2 Base Camp is not the manufacturer of the products sold on our website. We sell products that are assured safe for use by our suppliers, distributors, and manufacturers. These suppliers and manufacturers are responsible for ensuring that their products meet safety standards. K2 Base Camp is not liable for any defects or issues arising from the design or manufacturing of the products.

By purchasing from k2.com.au, you assume full responsibility for assessing your own skill level, physical condition, and preparedness for any activity in which you engage. You agree that k2.com.au is not liable for any consequences arising from your participation in high-risk activities using our products.
This indemnification survives termination of these Terms and Conditions.

SECTION 10 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that portion will be severed, but the rest of the Terms will remain in effect to the maximum extent permitted by law.

SECTION 11 – TERMINATION
These Terms remain in effect unless terminated by you or K2.com.au.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by stopping all use of our site.
We may terminate these Terms at any time if, in our sole judgment, you:

Violate any provision of these Terms.
Engage in fraudulent, abusive, or harmful activity on our website.
Fail to make any required payments.
Upon termination, you remain responsible for any outstanding obligations incurred before the termination date. We may also restrict your access to our Services at any time.

SECTION 12 – ENTIRE AGREEMENT
These Terms and Conditions, along with any policies or rules posted on k2.com.au, constitute the entire agreement between you and us, superseding any prior agreements.
Our failure to enforce any right under these Terms shall not be considered a waiver of that right.
Any ambiguities in these Terms shall not be interpreted against k2.com.au.

SECTION 13 – AUSTRALIAN CONSUMER LAW (ACL) COMPLIANCE
We recognize and comply with the Australian Consumer Law (ACL) as set out in the Competition and Consumer Act 2010 (Cth). Nothing in these Terms and Conditions excludes or limits your rights under the ACL, including your rights to a remedy (such as a repair, replacement, or refund) for faulty or misrepresented products.
Consumer Guarantees: We acknowledge that under the ACL, you have certain consumer guarantees, including but not limited to:

Goods must be of acceptable quality, fit for their purpose, and match any description or sample provided.
Services must be provided with due care and skill and be fit for their purpose.
If we fail to meet any of these guarantees, we will provide remedies as required by law, including a repair, replacement, or refund, at your discretion.
Liability for Negligence: While we seek to minimize any risks associated with the use of our products, we cannot and do not attempt to exclude our liability for any failure to meet the guarantees provided under the ACL, or for any negligence on our part that causes harm or loss.

By using our services and products, you acknowledge that your rights under the ACL cannot be waived, and we respect those rights in all transactions.

SECTION 14 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. By using our services, you agree that any disputes will be subject to the jurisdiction of the courts located within Queensland.

SECTION 14 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@k2.com.au.