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TERMS AND CONDITIONS OF THE COLUMBIA MEMBERSHIP PROGRAM

Last Updated: September 29, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “CONDITIONS”) CAREFULLY. BY ACCESSING OR USING THE COLUMBIA MEMBERSHIP PROGRAM (THE “PROGRAM”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE CONDITIONS, DO NOT JOIN THE PROGRAM.
A) Scope of these Conditions and Changes to the Conditions
These Conditions exclusively apply to your access to, and use of, the Program that Columbia Sportswear Company, a company headquartered at 14375 N.W. Science Park Drive, Portland, OR 97229, USA (“Columbia”, “we” or “us”), offers through its website (https://www.columbiasportswear.be/ENBE/home) and corresponding local URLs. These Conditions do not alter in any way the terms or conditions of any other agreement you may have with Columbia, or its affiliates, for products, services or otherwise. Columbia’s Privacy Policy and terms of use (“Site Terms”) of other Columbia websites (the “Site(s)) apply in addition to these Conditions.
Columbia reserves the right to change or modify any of the terms contained in these Conditions or terminate the Membership Program at any time and in its sole discretion. Columbia will notify you that terms have been changed by email or by posting the revised Conditions on its Site and posting a notice about such changes on the Site. Any changes or modification will be effective immediately upon posting of the revisions on the Site and shall apply to all uses of the Program and all acts or omissions occurring after the effective date of the revised Conditions. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Program following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should review the Conditions from time-to-time to understand the terms and conditions that apply to your use of the Program. If you do not agree to the amended terms, your license to use the Program will terminate and any further use will be unauthorized, so you must stop using the Program.

Columbia is offering the Program through the following websites and connected URLs: https://www.columbiasportswear.be/ENBE/home (the “Program Site(s)”).
The Program is subject to the following conditions: By registering to become a member of the Program (a “Member”, “you” or “yours”), you confirm (i) that you are at least 18 years old, (ii) that you are a consumer (and not an entity or a re-seller) and (iii) that you agree with these Conditions, as well as with Columbia’s Privacy Policy (including the collection, use and disclosure of your personal information for marketing purposes) and terms of use (“Site Terms”). You will have to confirm this by ticking the appropriate boxes. If you cannot or do not want to confirm, you will not be able to access the Program.

These Conditions are not applicable if and to the extent prohibited by law. In case they are partially invalid, this does not affect the remainder of the Conditions.
B) Information about the Columbia Membership Program
By joining the Program, you will be entitled to enjoy member-only advantages (the “Advantages”). Such Advantages may include free shipping benefits or access to special sales events, such as VIP sales or Flash sales. You will be able to enjoy Advantages once you are logged into your membership account. Some of the Advantages, such as special discounts on specific days, for example on your birthday (if you agree to provide your date of birth), or on the anniversary date when you joined the Program, are accessible, if you wish to receive the Columbia newsletter, by ticking the relevant box to show your free, clear, unequivocal, and informed consent.

PLEASE NOTE THAT SOME OF THE ADVANTAGES (E. G. FREE SHIPPING) MAY ONLY BE GRANTED IN CERTAIN COUNTRIES OR AREAS, SO YOU MIGHT NOT BE ABLE TO ENJOY FULL OR ALL BENEFITS IF YOU ARE A RESIDENT OUTSIDE OF A COUNTRY OR AREA WHERE COLUMBIA OFFERS ITS SERVICES.

Columbia reserves the right to change the Advantages or the rule of participation in the Membership Program. The Program and its Advantages are offered at the sole discretion of Columbia.

Depending on the type of Advantage, an Advantage may be subject to additional terms and conditions, including, but not limited to the number of products a Member may purchase, time limitations, or others. More details may be found once you are in the Membership Program. Advantages do not have a cash value and cannot be exchanged.
C) Can you become a Member?
Yes, under the following conditions:
  • You must be at least 18 years old.
  • You can only become a member once. It is only possible to have one account per person, not per email address.
  • Memberships like this are permitted by law in the country of your residence.

    Columbia reserves the right to refuse access to the Program, limit the use of Advantages or exclude a Member in certain circumstance, such as when Columbia suspects a fraudulent use of the Program or in case you do not fulfil the eligibility requirements to access the Program.
  • D) How to become a Member?
    On selected Columbia Program Sites (https://www.columbiasportswear.co.uk/, https://www.columbiasportswear.fr, https://www.columbiasportswear.de, https://www.columbiasportswear.at, https://www.columbiasportswear.es, https://www.columbiasportswear.it, https://www.columbiasportswear.ie, https://www.columbiasportswear.fi, https://www.columbiasportswear.nl, https://www.columbiasportswear.be), you will find a special registration section, where you create your Membership Account. If you already have a Columbia account, you can transform it into a Membership Account.

    You will have to provide current, complete, and correct information on:

  • Postcode, Phone, birthday (only day and month).
  • First and last name, email, password.

    Alternatively, you will can use your social media account (Facebook or Gmail) to register.

    You will have to accept these Conditions as well as Columbia’s Privacy Policy and the Site Terms. You will be able to cancel your Membership at any time. To do so, please contact the customer service (022 90 18 15). Columbia, may cancel your Membership and related Advantages at any time, if, in its sole judgement, establishes an abuse of the Membership, including, but not limited to failure to abide by these Conditions, the Site Terms, suspicious purchases or returns, fraud or any other improper conduct. Columbia reserves the right to pursue any offender in accordance with applicable laws.
  • E) Membership Account
    You will have to choose a password for your Membership Account, which will be difficult to be guessed by others. Your e-mail address together with your password will grant you access to your membership account. You are responsible to keep your access details confidential and protected from theft and unauthorized use. You will have to inform Columbia at Customer Service: 022 90 18 15 in case you suspect a fraudulent use of your Membership Account. Columbia will not replace lost or stolen Advantages.

    It is your responsibility to update your details in case they change.
    F) E-mails
    In case you register to receive our newsletter, you may receive e-mails with special discount codes, information concerning the Program, the Advantages, updates concerning the Program or other connected information about Columbia products. You can unsubscribe from receiving promotional e-mails at any time by going to “My Account” and clicking on “Unsubscribe” in your e-mail Preferences. You also have the possibility to click on “Unsubscribe” at the bottom of every newsletter e-mail. however we reserve the right to send you important technical, non-promotional e-mails if we see a need to do so.
    G) Other conditions
    a) Disclaimer
    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY COLUMBIA, THE PROGRAM SITE(S), THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT), THE PROGRAM AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLUMBIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE PROGRAM SITE. COLUMBIA DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SITE(S), THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COLUMBIA DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SITE(S) OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLUMBIA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PROGRAM SITE(S) OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND COLUMBIA DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. NOTHING IN THESE SITE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

    COLUMBIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE COLUMBIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PROGRAM SITE AND THE SERVICES SAFE, COLUMBIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    Columbia reserves the right to change any and all content contained in the Program Site and any Services offered through the Program Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Columbia.

    You agree and confirm that participation and membership in the Program and the uses of the Advantages is at your own risk. Columbia is not responsible for events outside its control.
    b) Limitation of Liability
    IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PROGRAM SITE, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PROGRAM SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COLUMBIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COLUMBIA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COLUMBIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PROGRAM SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COLUMBIA FOR ACCESS TO OR USE OF THE PROGRAM SITE. NOTHING IN THESE CONDITIONS SHALL SERVE TO EXCLUDE OR RESTRICT THE LIABILITY OF COLUMBIA FOR DEATH OR PERSONAL INJURY CAUSED BY COLUMBIA’S NEGLIGENCE OR THAT OF ITS EMPLOYEES, FOR FRAUDULENT MISREPRESENTATION OR FRAUDULENT CONCEALMENT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY LAW.
    c) Applicable Law and Jurisdiction
    These Conditions and your use of the Program shall be governed by and construed in accordance with the laws of the country of the Program Site via which you registered, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the country of the Program Site via which you registered over any suit, action or proceeding arising out of or in connection with these Conditions.
    d) Termination
    Notwithstanding any of these Conditions, Columbia reserves the right, without notice and in its sole discretion, to terminate your license to use the Program, and to block or prevent future your access to and use of the Program Sites.
    e) Severability
    If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
    f) Privacy Policy
    Please refer to our Privacy Policy for information on how Columbia collects, uses and discloses personally identifiable information from its users.
    g) Questions & Contact Information
    If you have any question regarding the use of the Site for the Program, please refer first to the customer service. Questions or comments about the Site may also be directed to Columbia customer service.