ベビー撮影について

お子様が産まれてから1年間の間は、長いようで気が付いたらあっという間に過ぎ去ってしまうものです。その時には気づかなくても、後から当時の写真をみると、あ~、こんなに小さかったんだなと実感する瞬間があるはずです。ベビー撮影は、そんな1年間の成長の記録を、おしゃれに綺麗に残したい、という望みをかなえます。ニューボーン、ベビー、バースデーと撮影に来ていただき、1年間の成長の記録を形に残すアルバムなんかを作ってみたりするのもよいのではないでしょうか。

Frequently asked questions

INFO ABOUT BREACHER


1. Does Breacher gear have a catalog? Breacher does not produce catalogs, however, we do offer newsletters containing discount sales and promotional offers. This allows us to reduce our environmental footprint, and we are continually seeking ways to improve environmentally because the outdoors is our playground. Sign up for Newsletters 2. Do you have Membership programs? We are in the development of a membership program that is sure to have an impact on our customers' experience as well as benefit our communities locally and globally. More about Breacher 3. Is my personal information kept private? At Breacher, we respect your privacy. "Personal information" is information about an identifiable individual as described in applicable privacy legislation. At Breacher, we take steps to ensure we meet the privacy principles and requirements for personal information under Canadian law. The purpose of our Privacy Policy is to inform our customers, visitors, and other individuals we deal with about how we collect, use, and disclose personal information in our custody or control. For more information, please read our Privacy Policy.




SHIPPING POLICY


Shop early for the holidays We encourage you to get your gift orders as soon as possible. Shipping partners across the country are super busy, and extra safety precautions are in place to keep staff safe. It all means things could take a bit longer than usual. Express shipping: order before December 14 Applies to urban centers. Rural or remote locations may take longer. Contact us to confirm shipping availability outside urban areas. Free shipping on orders over $75 Applies to orders sent Standard Post within Canada (before taxes, excludes all Breacher memberships). Oversized items or hazardous goods do not qualify. Orders under $75 sent Standard Post within Canada are $12.00 Shipping within Canada Once we process your order, we send an email and tracking number. Your tracking number may show no movement for several days, and although this is frustrating, your order is reliably on its way. We encourage you to track packages online and check Canada Post service alerts Orders are sent via Standard Post unless otherwise specified. Orders are insured in case of damage or loss. Provincial and federal taxes are applied during checkout according to where the item will be shipped. Most orders may take 1–3 business days to process, in addition to the delivery times shown. Isolated and rural areas may take longer. Canada shipping rates Providing accurate shipping estimates is tricky right now. We encourage you to use the Canada Post tracking tool to follow the progress of your order. If you have a tracking number, it means Breacher handed off your order to Canada Post or other reliable delivery services such as Purolator. ​​ T1 Certain products or orders are too large, fragile, or heavy to be shipped by standard methods. Please email contact us to find out if your order requires extra freight. Ground, door-to-door service for larger items and hazardous goods is also available – some restrictions apply. Taxes for Canadian provinces or territories ​​ T2 ​​ Breacher must collect these taxes based on the order destination. Canadian taxes are not collected on orders shipped outside of Canada. Import Duties & Taxes Import duties and taxes for international shipments may be liable to be paid upon arrival in the destination country. This varies by country, and we encourage you to be aware of these potential costs before placing an order with us. If you refuse to pay duties and taxes upon arrival at your destination country, the goods will be returned to Breacher at the customer’s expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded. How does this affect international shipping? Breacher is still shipping internationally, however, we cannot guarantee delivery time due to COVID-19-related interruptions by third-party shipping providers. Depending on the location, you may want to consider delaying internationally-bound purchases until shipping times are more certain. USA Xpresspost shipping Orders shipped to the USA are not charged Canadian taxes, but they are subject to import duties, taxes, and custom processing fees. A customs invoice will arrive with your parcel or may follow in the mail. Recipients are responsible for paying these additional fees. Breacher is unable to estimate customs fees. Check with your local customs office for more information. USA shipping rates T3 Certain products or orders are too large, fragile, or heavy to be shipped by standard methods. Please email contact us to find out if your order requires extra freight. Ground, door-to-door service for larger items and hazardous goods is also available – some restrictions apply. Backorder items If an item you want to purchase is temporarily out of stock, you may still be able to order it and reserve the next available stock. When we receive it, we’ll ship it to you. These item(s) usually ship within 4–5 weeks. We’ll send you an email when your order is on its way. When you backorder products: We email you when we ship your order, usually within 4–5 weeks. Your credit card is then charged for the order plus shipping (if applicable). If your order includes both backorder and in-stock items: We ship in-stock products to you immediately and charge your credit card for these items plus shipping (if applicable). We ship the backorder products within 4–5 weeks and notify you by email. We charge your credit card for the backorder products only. No additional shipping costs are charged. We’ll email you if the requested items are no longer available. To cancel requests, please contact us.




RETURNS & EXCHANGES


Breacher Gear values you and is determined to provide quality, comfortable, and inspiring gear to assist you no matter what your aim is. So no hassle Return, Refund or Exchanges, just let us know. ​We guarantee the quality of our products. If the quality of an item hasn’t met your expectations, you can bring it back. We also guarantee the product selection advice we give. If something you purchased based on this advice turns out to be unsuitable, you can bring it back for an exchange, refund, or credit. Members come here for quality and value, but even quality items have a practical lifespan. They will eventually wear out and can be damaged by accident, neglect, or misuse, so those things aren’t covered, but if we can, we’ll exchange them for a reasonable fee. Refund To be eligible for a refund, the product(s) must have been bought directly from our Online Shop. You can return most online orders within 15 days from the date of receipt for the Americas (Canada, United States, Mexico, and all of South America). 20 days for all other international countries. (8 days for “Americas” and 12 days for other international countries for certain Hype products, some items may be a final sale). The individual item return period is communicated to you at the time of purchase. You may return part or all of your order. For hygiene purposes, face covers, one-piece swimsuits, bikini bottoms, swim trunks, underwear, toiletries, and samples are also final sale. Return In order for a return to be accepted, it must meet the following conditions: The product must be unused and unworn. The product must be in its original state and packaging. Apparel must have the original tags attached. Accessories must have all parts of the original packaging. Footwear must be in the original shoe box with both shoes in a pair returned. Before we can start processing your refund, we need to make sure that your returned product(s) meet our conditions for return. At the warehouse, we check that the product(s) you returned: Is eligible for and within our 15-20 days (from date of receipt) return period. Some hype items have a limited 8-12 days return policy, while other items are final sale. Aren’t worn or damaged at all. Are in their original state with all parts and pieces included. Are in their original packaging. Still has its original label or hangtag attached (in case of clothing). Underwear, Boxers, Face Covers and all next to skin items are not eligible for returns or exchanges due to hygiene and safety reasons. As long as your product(s) meet the above criteria, we can reimburse your purchase price. We do not refund shipping costs. If your returned product(s) don't meet the criteria above, we cannot accept the items and unfortunately won't be able to give you a refund. Items not accepted for return may be returned to the sender. Exchange At Breacher, we create products that help you perform better, play better, and feel better. Whether you’re using our backpacks on the go, camping out in our tents, or wearing our apparel, we want you to be satisfied with your purchase. If your item isn’t the perfect fit, you can exchange your new and unused breacher gear purchases for a different size within 15-20 days by following the instructions below.*Some restrictions apply. Currently, we are only able to exchange the same item in the same color for a different size, but we hope to offer more options in the future. If you would like to receive a different item or color instead, please return your item through our regular returns process for a refund, and then place a new order online for the item you would like. *Hype products are final sale therefore are not eligible to be exchanged. Underwear, Boxers, Face Covers and all next to skin items are not eligible for returns or exchanges due to hygiene and safety reasons. Note: This policy refers to size exchanges only. Breachergear.com does not price match. We are unable to exchange merchandise obtained from a retailer other than breachergear.com. Please return the product to the original retailer. Can I exchange for a different item? At this time, we are only able to exchange the same item in the same color for a different size. If you would like to receive a different item or color instead, please return your item through our returns process for a refund. Then place a new order online for the item you would like.




PRIVACY & COOKIE STATEMENT


BREACHER GEAR PRIVACY STATEMENT HIGHLIGHTS Last Updated: 30 Jan 2021
1. SCOPE This statement applies to Breacher Gear. “Breacher”. (“we” “us” or “our” or “Breacher”), the Canadian customers of Breacher and to visitors to www.breachergear.com or any other website or mobile application on which we provide this statement (collectively, “you”). A copy of our full privacy statement follows these highlights.
2. WE COLLECT INFORMATION THAT INCLUDES: Information you give us if you register with us; Information collected when you contact us, visit our sites, use our mobile applications services or products, purchase our products, use a social sign-on, use our wi-fi hotspot services, or view our advertisements; Information from cookies and beacons; and Information from third parties (e.g., credit reference agencies, law enforcement/regulatory bodies). 3. WE USE INFORMATION TO: Provide you with the information, services and products you request; Help us develop new products and services; Help us monitor and improve our products, services and technology; Help us run our sites and services; Tell you about our products and services with your consent as required by applicable law; Display online ads to you, and better personalize our advertising, sites and services to you; and Create aggregated or de-identified information for various uses and to share with our business partners in that format
4. WE SHARE YOUR INFORMATION WITH: Other Breacher Group entities; Third-party service providers, such as cloud service providers, and as necessary, with third parties that help run our various programs (e.g., loyalty, competitions, hosting, delivery, payment and fraud management providers, credit scoring agencies and analytics platform providers). These service providers use your Personal Information in accordance with breacher instructions and applicable law; Social networks (if you interact with a social network through one of our sites or Apps); Legal and law enforcement agencies where required by applicable law; and Other third parties with your consent or where permitted or required by applicable law.
5. CHOICES: With your consent, we may market to you other breacher products/services not referenced in our privacy statement; You can access your Personal Information and ask us to update, correct or delete any Personal Information we have about you; and You may opt-out of further contact from us as well as certain other uses of your Personal Information for marketing or personalization purposes as explained in our full privacy statement
6. HOW TO CONTACT US If you’d like further information on: your privacy rights; opting-out or unsubscribing from messages; accessing, deleting, or updating your Personal Information; or to register a complaint, please contact us Please continue reading below for our full privacy statement.
BREACHER GEAR - PRIVACY STATEMENT Updated: 30 Jan 2021 INTRODUCTION AND SCOPE OF THIS PRIVACY STATEMENT We, Breacher Gear, “Breacher”, and each of our affiliated entities (collectively, ‘Breacher’) want to give you the best Breacher gear experience possible. We use the Personal Information you share with us to make our products and services and your experience even better. Complete information about opting out and unsubscribing from marketing messages appears later in this privacy statement. Please read ‘Your Rights in Relation to Your Personal Information’ below for more information. This privacy statement outlines the following: WHAT WE COLLECT; HOW WE USE PERSONAL INFORMATION; HOW WE SHARE YOUR PERSONAL INFORMATION; HOW WE PROTECT YOUR PERSONAL INFORMATION; YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION; AND HOW WE USE COOKIES. 1) WHAT WE COLLECT “Personal Information” is any information that relates to you and identifies you personally, either alone or in combination with other information. Breacher may collect various types of personal information and special categories of personal information (including health and other sensitive data about you, as explained in greater detail below). We will ask for your consent if we wish to use your Personal Information for purposes other than those listed in this privacy statement, or if we are required to do so under applicable law. i. Information we collect when you create an Account If you sign up for an breacher account, for example, through the global single sign on, which allows you to use the same sign-in details anywhere in the world, we will ask for your: name; e-mail address; and password. Breacher will also collect the following information when you sign up for an account if you choose to provide it: telephone number address gender personal preferences social identifier if you choose to log in to your account via social media date of birth. ii. Information we collect Automatically on our Sites and Mobile Applications We will automatically collect Personal Information about you when you interact with our brands, websites and Apps, as follows: Websites: we will collect information about the breacher websites that you visit and how you use them. A visit to one of our websites results in data being sent from your browser to our servers. The information we collect in this way includes: your IP address; the date and time of the visit and how long you remained on our website; the referral URL (the site from which you came to our website); the pages you visited on our website; and information about the device and browser you used to visit our website (including, browser type and version, operating system, etc.). Cookies and similar devices: We and our partners use various technologies to collect and store information when you visit our websites or use our Apps, and this will include sending one or more cookies or other similar devices to your device. Click here for more information about our use of cookies and similar devices and how to disable them. Location Information: Information that may determine your location is called “Location Information” in this statement. We offer location-enabled services within some of our (mobile) applications, such as Google Maps and Bing Maps. If you use those (mobile) applications, they may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You are always asked if the Geolocation Service can be activated and you can choose not to activate it or to turn it off. We may use the Google Maps service or the Bing Maps service to assist you in finding an Breacher gear. To facilitate this, we load an image from Google Maps or Bing Maps, saving the route data and map image on our server. For further Information on Google Maps and their privacy policy please read their privacy policy:http://www.google.com/intl/en/policies/privacy/ For further information on Bing Maps and their Privacy Policy please read their privacy policy: https://www.microsoft.com/en-us/maps/product/terms With your consent, we may also use various technologies to determine your location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points, Near Field Communication ("NFC") points and mobile network cell towers. You can generally disable sending your location through settings in your device, and we will inform you when we make use of location information. iii. Information we collect when you use our Products or Services When you (i) use our products and services, (ii) use our Apps, or (iii) become an Breacher community member, we will ask for certain Personal Information. We will explain what information is required and what information you may choose to provide. This information may include information such as: Using our Products and Services your postal address and payment details when ordering from our web shop; your date of birth and/or confirmation that you are above a certain age; your email-address so we can provide you with your receipt and contact you with offers or promotions as permitted by applicable law, or when you are signing up for one of our contests, free prize giveaways ("Prize Giveaways") or newsletters; and/or a record of our correspondence with you (including any feedback you have provided on any of our products or services), if you have been in contact with our Customer Service. Using our Apps: We offer a number of Apps (including Breacher World) which allow you to upload and/or store certain information. Depending on the App, we may ask for Personal Information (we will explain what information is needed to offer the service and what information you may choose to provide so that we may understand your preferences), such as your: sport and health data (for example, workout start and end times, activity type, duration, pace, distance, calories, and speed), body measurements, such as weight, height and heart rate; and/or location. Our Breacher Membership/Loyalty Program If you are a member of or request a membership in a breacher membership or loyalty program (i.e Stack Club or any other breacher member program), we may ask for Personal Information (we will explain what information is required and what information you may choose to provide), such as: Stack Club information – includes: Unique Member Identifier (member ID), date you became a member, source ID, country and brand of your original membership, membership points, engagement history, rewards history, membership vouchers associated to members. All the information listed here will be kept for as long as you are a Stack Club member. If you are a winner of any Prize Giveaways, we will ask for additional Personal Information, including your postal address, and if relevant, your clothes or shoe size (in order to be able to send you the prize, if won). If we would like to promote any Prize Giveaways and you are a winner of a Prize Giveaway, we may also ask for additional Personal Information, including: your City/Town; and/or your photograph. iv. Information we collect through Social Networks If you choose to create a breacher account through a SOCIAL NETWORK ACCOUNT (including via Facebook or Instagram), your social media sign-on credentials will be imported via your social network account. We may receive certain Personal Information (which you have agreed to be accessible on your public profile) via the social network, such as your name, age, location, preferences, occupation, and other public profile information such as your pictures or your friends list on the social network, as well as your likes. This information will not be shared with breacher by Facebook if you have a private profile. This information is not requested by breacher but is provided by the social network through the use of the social sign-on option if you have a public profile, in line with the social network's terms of use. Breacher will, upon receipt of any irrelevant information from the social network, discard such information. After having created your account, you will have the opportunity to supplement it with any information you would like to share with us, such as any Personal Information you provide through a completed survey. Any supplemental information you provide to us will be used for the purposes explained in this Statement, including to enrich your breacher profile and to personalize your breacher experience, for example, by providing you with more relevant information and advertising, both on our website and third-party websites. v. How breacher collects Personal Information Most of the Personal Information we collect about you will be information that you have voluntarily provided to us, for example, through our websites, e-shops, mobile Apps, or by making purchases in one of our stores, as outlined above. You agree that other sources from whom we may obtain your Personal Information include: (i) other breacher group companies; and (ii) third parties (such as credit reference agencies with your consent, law enforcement/regulatory bodies), all as permitted by applicable privacy laws.
2) HOW WE USE YOUR PERSONAL INFORMATION The Personal Information we collect when you create an account with us will be used for identification and authentication purposes across breacher services, so you can use the same account details to log in from any location and on any device. The global single sign on will allow breacher systems to identify you wherever you are in the world, meaning you will not need to register with us again if you are signing in from a different country. In addition, breacher will create a profile for you with the information needed to provide you with our products or services. The Personal Information we collect as listed above will be used in the format that it is received, or, where appropriate, will be combined with Personal Information we obtain from other internal or external sources. We use and analyze this Personal Information for the various purposes described below: i. Improving our products and services: we will use your Personal Information to build a profile on you in order to understand how you use our products and services, to develop more interesting and relevant products and services, as well as to personalize the products and services we offer you both on our websites and Apps, and in advertising you may see on third party sites. For information on how to opt-out of this personalization please see “Your rights in relation to your Personal Information” below. ii. Processing your order: we use relevant Personal Information described above (including your name, address, email and payment details) to process and deliver your order, and to notify you of the status of your order. In addition, we may use your age, year of birth or confirmation that you are above a certain age to ascertain whether you meet the minimum age in your country for online purchases and whether you are considered to be a minor for data protection and/or marketing law purposes. iii. Carrying out Checks: we will also use your Personal Information to prevent fraud, and with your consent, to assess your creditworthiness. For this purpose, we may need to share your Personal Information with our credit rating providers (see "how we share your Personal Information" below), with your consent as required by applicable law. iv. Customer Service: if you contact our Customer Service (or vice versa), we will use Personal Information such as your order information and contact history to process your request and provide you with our best service possible. v. Breacher products and services, engagements and offerings: we will use your Personal Information to provide you with the products and services you have requested from us, such as promotions, membership in breacher Communities, breacher loyalty programs, events and our Apps. This will, if applicable, include the use of your Personal Information for submission in contests, Prize Giveaways and promotions, using your contact details when you sign up for events and using information like your location for our mobile Apps, with your consent, and as explained in more detail in our Apps (for example, running Apps that use your location to help you plot your route when you have signed up for an event). vi. Breacher Apps: if you choose to download an breacher app, we will only collect special categories of Personal Information if we have obtained your express consent, as required by applicable law. Personal and sensitive Personal Information (such as health data) collected through the app will be collected from your device and stored on breacher servers for the following purposes: to provide you the services you expect when using the app as may be explained to you in more detail when you install the app; for the reasons set out in the "improving our products and services" section above; and with your consent for the reasons set out in the "marketing purposes" section below. vii. Breacher Prize Giveaways : as part of a breacher promotion or contest, we may publish certain details of the winners of any Prize Giveaways on our website or one of our affiliate's or service provider's websites according to the terms and conditions of the particular promotion or contest. viii. Social Sign-On (i.e. the use of your social network credentials such as your Facebook user login information to create and sign into your breacher account): when you use the social sign-on option, breacher limits its use of your social network public profile information to that which is necessary for the creation of your breacher account. ix. Marketing and profiling: when you sign up to receive breacher newsletters, create an breacher single sign on, become a Member of an breacher Community, use an breacher app, order or provide feedback on a product or service online or instore, or use our website, we will use your Personal Information to create a profile based on the information we hold about you. We create your profile in accordance with your preferences in order to provide you with a better personalized experience, and to send you personalized marketing messages, both on our website and on third party websites, and to send you promotions, newsletters and messages for opinion research purposes if we have your consent including as required by applicable antispam laws. Below you can find a more detailed description of the ways in which we will use your Personal Information for these purposes. For information on how to opt-out of our targeted marketing personalization please see “Your rights in relation to your Personal Information” below. What kind of information do we use? The way you interact with us and our brands across all of the different channels described above (e.g. in store, the breacher website, Apps, social media and marketing messages we send you) and the information we collect in that regard from each of these channels provides us valuable information about your interests and preferences. This insight gives us the opportunity to offer you our best breacher experience. To learn about you and your interests and preferences, we analyze your interactions with us and our brand using various kinds of information, as set out above. In particular, we may combine the information we collect with information collected by third parties. If we have consent as required by law to send you marketing communications, we use the information that we have about you to send you personalized marketing messages about breacher products or services, events, Prize Giveaways and promotions, breacher news, and other information we think will interest you. In some instances, we will also aggregate your Personal Information with that of other individuals, to create comprehensive reports about how consumers use our products and services and experience our brand. What kind of channels do we market in? We may send direct marketing communications to you via the channel you choose or based on the information you provide to us, such as email, phone, or social media. We ask for your consent, where required by applicable law, in order to use the contact details, you have provided to us to send our personalized marketing communications. How we tailor Messages: the messages we send you may be personalized and tailored to your individual preferences and interests. We use analytics in order to generate such personalized messages. These direct marketing messages may contain information about our products and services, events, Prize Giveaways or promotions, breacher news, and other information we think will interest you. We will, in certain circumstances, also use the channels for opinion research (such as to ask if you would like to participate in a survey) and to learn about your experience and improve your experience with breacher, including by sending you personalized messages. Re-Targeting: our websites and Apps use re-targeting technologies. This enables us to show our visitors, who have already visited or used our website or app, advertisements from us on third party websites. We believe that the display of personalized, interest-based advertising is more interesting and relevant to our customers than advertising that does not have a personal connection. Re-targeting technologies analyze the information we collect about your interactions with each breacher platform as described above, including your cookies, and display advertisements based on your past web-surfing behaviour. Please click here for further information on cookies and instructions on how to disable re-targeting. Note that our sites generally are not configured to respond to web browser do-not-track signals. Third-Party Ad Servers: we also work with non-breacher companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect Personal Information about your visits to our websites or Apps and your interaction with our communications, including advertising. Cross-Context/Device Linking: We may link or combine information that we collect about you from various sources to help ensure a consistent user experience regardless of how you interact with us – online, in-store, on mobile, or on social media. We may link or combine your activities and information collected from you on our websites and mobile apps with your in-store purchases and information we receive from third parties with your consent or as permitted by applicable law, as well as information we collect automatically through tracking technologies. This allows us to provide you with a personalized experience regardless of how you interact with us – online, in-store, on mobile or social media. We, or our third-party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our services. We may also work with third party partners who employ tracking technologies, or the application of statistical modeling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third party advertising partners to help recognize you across devices. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns. x. Improving our Products and Services: we will use the Personal Information we hold about you (as well as pseudonymized or anonymized information generated from your Personal Information) to carry out analysis and research, including: Data science/analytics, whereby we combine information (such as Personal Information and/or sensitive Personal Information we have obtained through the use of a breacher sporting app or from your browsing history) we hold on a large scale in order: to learn more about our customers and their preferences; to identify patterns and trends amongst our customers; to enhance user experience on our websites; to provide information, content and offerings tailored to our customers' needs; for general research and statistical purposes; and for aggregated reporting purposes within the breacher group; Develop new products and services; and Monitor the performance of our products and services and/or improve our technology. xi. Website Improvement: Personal Information collected through our websites, such as via cookies or other tracking technologies, will be used to allow us to assess browsing behaviours on our websites, to understand where improvements can be made, to optimize our products and services and personalize and improve your experience on our websites and Apps. xii. Performance Analysis: we will use your Personal Information (including by anonymizing and aggregating it with other customers' Personal Information) for sales, supply chain and financial analysis purposes, to determine how breacher is performing and where improvements can be made and where necessary to report back to our parent or affiliate group companies.
3) HOW WE SHARE YOUR PERSONAL INFORMATION We treat your Personal Information with care and confidentiality and do not share it with third parties other than as set out below: i. With other Breacher Group entities: We will share limited Personal Information which you provide when you sign up (your name, email address, password and optional date of birth) with other breacher Group entities to enable the global single sign-on and for authentication purposes, so that you can use the same sign in information anywhere in the world and our systems will recognize your details. We may share information we keep in your profile with other breacher Group entities if both entities are responsible for your Personal Information, or if the other entities are acting as our service providers and processing your Personal Information on our instructions or on our behalf. We may share information we keep in your profile with breacher International Marketing if you choose to participate in a breacher global campaign or competition. breacher International Marketing is the entity that acts as campaign promoter on global breacher campaigns. We will also share your other Personal Information, as well as anonymized and aggregated information, with other breacher Group entities as necessary. They will use this Personal Information for trend analysis. ii. With Social Networks: Our website and Apps will, in certain circumstances, provide you with social plug-ins from various social networks. If you choose to interact with a social network such as Facebook or Twitter (for example by registering an account), your activity on our website or via our Apps will also be made available to that social network. If you are logged in on one of these social networks during your visit to one of our websites or Apps or are interacting with one of the social plug-ins, the social network might add this information to your respective profile on this network based on your privacy settings. If you would like to prevent this type of data transfer, please log out of your social network account before you enter one of our websites or Apps, or change the app's privacy settings, where possible. Please read the privacy policies of those social networks for detailed information about the collection and transfer of Personal Information, what rights you have and how you can maintain suitable privacy settings for your needs. iii. With Legal and Law Enforcement: breacher will disclose Personal Information where required by law or legal process, for the administration of justice, to protect your vital interests, for investigations by law enforcement or regulatory bodies, to protect and defend breacher property and legal rights, to protect the personal safety of breacher website or (mobile) app users or by order of a valid injunction from a court or law enforcement agency. iv. In a Business Transaction: We reserve the right to transfer any Personal Information we have in the event that we merge with or are acquired by a third party or should a third party acquire all or part of our business or should any such transaction be proposed. v. With your consent: We will share your Personal Information with other third parties (different from those described above, for example, sports or fitness centres or when you decide to connect our devices with third party devices) in other limited circumstances. In these instances, we will, where required by applicable law, obtain your consent to share your Personal Information in this way. vi. With Service Providers: We share Personal Information with our cloud service providers for the purposes of identification and authentication, so that you can log on to your breacher account quickly and with the ease and speed you expect from us from anywhere in the world. We will also share your Personal Information as necessary and only for the purposes described in this privacy statement with various third parties who process your Personal Information on our behalf, such as third parties that run our loyalty program and/or Prize Giveaways/competitions, hosting, delivery, payment and fraud management providers, credit scoring agencies and analytics platform providers. We require that these service providers and other third parties adhere to strict rules when processing your Personal Information, including to only use your Personal Information in accordance with breachers’ instructions and the applicable laws. You can find a list of current breacher Data Recipients who process your personal data under breachers’ instructions attached. The list is subject to change as necessary. 4) HOW WE PROTECT YOUR PERSONAL INFORMATION We are committed to protecting the Personal Information we control, and we implement technical and organizational security measures to help protect it against any unauthorized or unlawful processing and against accidental loss, destruction, or damage. Personal Information may be accessed by persons within our organization, or our third-party service providers, who require such access to carry out the purposes described in this privacy statement or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained with the primary source of the information located on our servers in United States. i. We will keep your Personal Information for two years from your last interaction with us, such as the date your account was deleted, your last purchase, the last time you used one of our Apps or in some other way contacted or interacted with us, unless a longer or shorter retention period is required by law, is necessary in the course of legal proceedings or is otherwise needed for a particular purpose under applicable law. The following are examples to illustrate how breacher keeps your Personal Information for as long as necessary for a particular purpose: we may keep your Personal Information collected during a purchase for as long as required by tax laws (longer than 2 years in some countries); and We may keep your Personal Information for a shorter period if you ask us to delete your Personal Information. In such a case, breacher will aim to delete your Personal Information within a maximum period of one month from the date of the request, and subject to legal restrictions. ii. We may store and process your Personal Information in Canada, (with primary storage of data in Canada or the United States of America) and other foreign countries that provide hosting or other services to us. For example, the Personal Information you provide when you sign up for a breacher account will be stored in Canada, and also by other breacher group entities and our cloud services providers located outside Canada for the purposes of authenticating your account and signing you in. In these circumstances we will take appropriate steps to ensure that your Personal Information is protected. Typically, such steps include carrying out data security reviews of any recipients and putting in place contracts with such recipients to ensure they employ the same or similar appropriate technical and organizational measures as breacher, so your data remains protected. However, where Personal Information is stored or processed outside of Canada (whether by the breacher group or a service provider), it is subject to the laws of that foreign jurisdiction, and be accessible to that jurisdiction’s governments, courts, or law enforcement or regulatory agencies. As a general rule, we do not intentionally collect Personal Information about children under the age of 13. If we become aware that we have inadvertently collected Personal Information about children under the age of 13, we will take steps to delete the information as soon as possible, except where we are required by applicable law to keep it. If a child under the age of 13 attempts to sign up for an breacher account, he or she is initially asked to provide the information as described above. In addition, the data submitted by and collected about the child during the course of his or her visit (e.g. via cookies) may be used as described in this Statement. However, if a child under the age of 13 attempts to complete the sign up, this will be rejected with the notification that accounts for child under the age of 13 cannot be created. For that reason, we ask parents and guardians to check on and monitor their children’s Internet usage in order to protect them. iii. Our Websites may contain links to Third-Party Websites, and some of our services provide you with access to third party services (such as social networks). We have no control over how third-party websites and services process your Personal Information. We do not review third party websites and services, and we are not responsible for such third-party websites and services or their privacy practices. Please read the privacy statements of any third-party websites or services that you access from our websites or services. 5) YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION Fair play and transparency are important to us. We are open about the Personal Information we collect and have implemented mechanisms to enable you to exercise any rights you might have with respect to your Personal Information. The following paragraphs below set out in more detail information about: opting-out or unsubscribing from messages; accessing, correcting, deleting, or updating your Personal Information; or to registering a complaint. Information on how to CONTACT US is set out in detail at the end of this section. i. Access and Correction of Personal Information: You may access and correct your Personal Information at any time through our websites, or through the contact information provided below. If you have ordered products or services or registered an account with us, you can access a significant amount of your Personal Information through one of our websites. Our websites generally present you with the option to add, update or remove information we have about you. If any Personal Information we have about you is not accessible through our website, you can send us a request for access to this information at no cost using the contact details set out below. After receiving your request, and sufficient information to verify your identity, we will provide you with a copy of the Personal Information we have about you which you are entitled to have under applicable law. We will also confirm the purposes for which such Personal Information is being used, its recipients and the origin of the information. You may write to us at any time requesting amendments to certain Personal Information that you consider to be incorrect or irrelevant or to request that we block, erase or otherwise remove your Personal Information (i.e. withdraw your consent). We will update, block, erase or remove your Personal Information upon request in line with applicable law. While we use reasonable efforts to comply with your request; in some cases, we may not be able to allow you to access certain Personal Information, for example if it contains Personal Information of other persons, or for legal reasons. ii. Opting Out and Unsubscribing from Marketing Messages: All our direct marketing communications (e.g. email, text messages) contain an easy way to opt out from receiving future messages, such as a link through which you can unsubscribe. If you would like to opt out of receiving breacher marketing messages you may use the unsubscribe method contained in the messages you have received, or alternatively you could contact us using the contact details set out below. Note that if you choose to opt out of receiving marketing messages in the manner explained above, we will continue to process your Personal Information, in particular to allow us to understand your interests and preferences, but we will stop using your Personal Information to send you personalized or non-personalized marketing messages. If you would like us to stop such processing in part or in full, we have explained how to do this below in the section entitled “Deletion of Information/Withdrawal of Consent”. Please note that some of our mobile Apps might also send you messages, including (if you have given your permission to do so) push messages, for instance about new products or services. In this case, the particular mobile app will provide you with a just in time notice before we send you push notifications. You can disable these messages through the settings in your phone or the app or choose to uninstall the app to stop receiving the messages. You can opt out of social media re-marketing by setting preferences offered in your social media account, including at: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen https://help.instagram.com/1415228085373580 https://support.google.com/ads/answer/2662922?hl=en iii. Deletion of Information/Withdrawal of Consent: You may at any time ask breacher to delete your Personal Information using the contact details set out below. We will consider and where necessary comply with your request in accordance with applicable law. iv. Opting out of the Use of Location Data: You can opt out of or delete location data and stop any further location data from being collected from your device by us by following the instructions given by the WIFI Hotspot Provider in its Terms and/or Privacy Policy, or by following and instruction we may provide in one of our mobile Apps that collects locations data. v. Changes to this Policy: We regularly review our online privacy statement in order to ensure that it is free of errors and clearly visible on websites, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. We may update this privacy statement from time to time to keep it up to date, to keep pace with new developments and opportunities relating to the Internet and to stay in line with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our websites and/or mobile Apps along with an updated version of the privacy statement. Your continued use of our websites or Apps, or provision of Personal Information to us after such notice will be your consent to the updated privacy statement. vi. Complaints and Requests for additional information, including about cookies (beyond what is provided in section 6, below): If you have any questions or complaints about our use of your Personal Information, or require information on how to exercise your rights or about our privacy statement you are welcome to contact us using the contact information provided at the end of this section. We will explain the complaint procedure to you and investigate all complaints. If a complaint is justified, we will take all appropriate steps to correct the situation. We will also let you know what other complaint procedures may be available to you. BREACHER GEAR CONTACT
COOKIE STATEMENT LAST UPDATED: 30 Jan 2021
WHAT YOU SHOULD KNOW ABOUT COOKIES FIRST OF ALL…WHAT ARE COOKIES? Cookies are small text files that are stored on your computer or mobile device when you visit a website. For this section, we conveniently use "cookies" as an umbrella term for techniques such as cookies, Flash cookies and web beacons. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your internet session, while others will be saved for a limited amount of time.
SECONDLY…WHAT ARE THE DIFFERENT COOKIE TYPES WE USE? There are different types of cookies with different uses. Some exist just to allow you to browse the website and see certain features. Some give us an idea of your browsing experience (i.e. if you have trouble finding what you are looking for), so that we can improve our website’s functionality and make your future visit as pleasant as possible. Cookies set by breacher are called "first party cookies". Cookies set by parties other than us are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through breachers’ website (e.g. advertising, interactive content and analytics). The parties that set these third-party cookies can recognize your computer or mobile device, (i) when it visits the website in question and (ii) when it visits certain other websites. Another important distinction is “required cookies” vs. “functionality cookies” vs. “advertising and social media cookies”. Required cookies are essential to running a website and help you to navigate on the website and use its basic features, including media plugins. Then there are functionality cookies, which enable you to save your shopping bag, create a wish list and to save your shipping details for a quicker checkout. These performance and analytics cookies collect information about how visitors use our website and used to improve our website. We also like to show you relevant offers. To manage this we collect browsing data, which may be linked to a unique identifier to allow us to understand how you interact with breacher across different platforms as described in our privacy statement (click here for our privacy statement). Advertising and social media cookies capture your preferences in order to show you relevant ads outside of breacher sites. These interaction cookies are used for you to interact with social media or to submit reviews and may be used to track your activity over social media platforms.
NEXT…WHY DO WE USE COOKIES? breacher uses cookies primarily to ensure your visit to our website is as pleasant as possible, as well as for advertising-related purposes during your future visits to other websites. Below is a more detailed overview of the types of cookies we are using and why: Required Cookies: are essential and help you navigate, move around on the website and see certain features (e.g. these cookies make sure your basket is saved during all the steps of your checkout process). These cookies are required to enable core site functionality. These cookies are stored for the duration of your browsing session. Functionality and Analytics Cookies: are included so that we can give you an even smoother customer experience (i.e. these cookies help you to save and remind you about your shopping bag and enable you to create a wish list). These cookies allow us to analyze site usage so we can measure and improve performance. These cookies may be placed by us or a third party on our behalf (see the “opt out” options provided below) and are stored for the duration of your browsing session. The web analytic services on our website and mobile applications are provided by our agent, Adobe Site Catalyst (www.adobe.com). This means that when you visit our website or mobile applications, a cookie by Adobe Site Catalyst will be stored on your computer or mobile device, except when your browser settings don’t allow for such cookies. This further means that when you visit our website or mobile application, various web analytics data (e.g. click-stream data, data from web beacons and tracking links and information stored in Adobe Site Catalyst cookies) will be sent to Adobe Site Catalyst for analysis for and on behalf of breacher. Please note that if you have created an online profile at our website or mobile application and if you are logged on in this profile, a unique number identifying this profile is also being sent to Adobe Site Catalyst in order to be able to match the web analytics data to this profile. You can find out more about the relationships between breacher and Adobe Site Catalyst in the Adobe’s privacy policy under “Adobe Hosted Services” at http://www.adobe.com/privacy/policy.html. Google Analytics, a web analytics service provided by Google, Inc., also acts as an agent to breacher. Google Analytics uses Cookies to help the website analyze how users use the site. Advertising and Social Media Cookies: There are a variety of advertising and social media cookies used, including: - Targeting Cookies: will remember your product and buying preferences or assist marketing efforts in other ways. These cookies enable us to share data, such as what you like, with our service providers and third-party websites, so the advertisements you see can be more relevant to your preferences. - Performance Cookies: These help us understand visitors’ shopping behaviours. This enables us to keep improving our website, so shopping becomes easier and more pleasant, and to improve the marketing messages we send to our customers. - Interaction Cookies: are used for you to express your opinion. These cookies will enable you to like or recommend us on social media and to chat with our service agents. You can also advise our other (potential) customers by rating and reviewing our products. Our website and mobile applications use re-targeting technologies that enable us to show our visitors, who were already interested in our shop and our products, advertisements from us on third party websites. We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your visits to our websites and/or mobile applications and your interaction with our communications, including advertising. Currently, we use the following technologies to deliver these services to us, including Google Display Network (GDN), Facebook, Salesforce Marketing Cloud, Adobe Ad Cloud; and Media Math. Below we have provided information on how to opt out of tracking technologies. WHAT IF YOU DON’T LIKE COOKIES? You can change your browser settings to delete or prevent certain cookies from being stored on your computer or mobile device without your explicit consent or altogether. The ‘help’ section in your browser should provide information on how to manage your cookie settings. HOW OFTEN WILL YOU UPDATE THIS COOKIE STATEMENT? We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Statement indicates when it was last updated.




TERMS AND CONDITIONS


BREACHER GEAR - TERMS AND CONDITIONS Last Updated: 30 Jan 2021 Welcome to www.breachergear.com (“Web Site”). This Web Site is owned and operated by Breacher gear (“Company” or “breacher” and collectively “we” and “us”). In addition to the Content (as defined below) on the Web Site, the Web Site provides you with various shopping, e-commerce and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that breacher has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately. We reserve the right to modify or amend the Terms from time to time without notice, subject to applicable laws. Your continued use of our Web Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as our shipping and return policies. By using this Web Site, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the “Agreement”). 1. COPYRIGHT AND TRADEMARKS All rights in the content featured or displayed on or through the Web Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, software, and other information ("Content") are and remain owned by breacher, its affiliated companies, its licensors or its content providers, as applicable. Except as may be otherwise indicated within the Web Site, you are authorized to view, play, print and download Content found on the Web Site for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of breacher. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Web Site. In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Web Site, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by breacher. Breacher does not transfer title to the Software to you. You own the medium on which the Software is recorded, but breacher retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. 2. PRODUCTS, CONTENT AND SPECIFICATION All elements of the Web Site including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property or other rights. Except as explicitly permitted under these Terms or another agreement with breacher, no portion or element of the Web Site or its Content may be copied or retransmitted via any means. The Web Site, its Content and all related rights shall remain the exclusive property of breacher, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved. Content on this Web Site may include images of people camping, exercising and other sport related activities. Please be aware that we are not familiar with your individual physical characteristics and health. Before you go camping you should research the area for any type of danger or threatening presence, before you begin an exercise program, you should get a medical checkup. It is important that you warm up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks. 3. PURCHASES & SHIPPING LIMITATIONS You may only purchase or order items for personal, non-commercial purposes. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. Further, all purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Breacher, acting reasonably and in good faith and in accordance with applicable law, reserves the right to (a) limit the quantities of items you may purchase, and (b) reject, correct, cancel or refuse your order, if (i) we believe you have breached the Terms; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may be fraudulent, or otherwise cause financial loss or legal liability for you, our users or us. In order to help protect you and breacher from potentially fraudulent transactions, breacher may provide your transaction-related information to third party organizations to perform address verification, in accordance with the terms of our Privacy Policy. This address verification is to help ensure that the "bill to" address provided matches your credit card address. In the event that breacher determines that it cannot (or is unable to) to ship an item, you will be notified by email and any amount charged to your credit card will be refunded. 4. ACCURACY OF INFORMATION We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. 5. THIRD PARTY LINKS From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by breacher or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use, privacy policies, or any other terms and conditions on those sites prior to using them. 6. UNAUTHORIZED USE OF COMPUTER SYSTEM You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. 7. ACCOUNT SECURITY You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. 8. USER GENERATED CONTENT – INFORMATION CONTROL All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User Generated Content”) do not represent the views of breacher or any individual associated with breacher, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, breacher endorsement of User Generated Content. breacher does not vouch for the accuracy or credibility of any User Generated Content on our Web Site and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks. 9. USER GENERATED CONTENT – YOUR LICENSE TO US User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, you grant breacher a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived by you. 10. UNSOLICITED IDEAS Breacher maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to breacher business (including without limitation, footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to breacher. You should therefore not post any Materials on the Web Site or send these to breacher by e-mail or otherwise. 11. FEES For all charges for any products and services sold on the Web Site, breacher will bill your credit card or alternative payment method offered by breacher. In the event legal action is necessary to collect on balances due, you agree to reimburse breacher for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site. 12. ACCESS AND INTERFERENCE / NO “BOT” USE You agree that you will not without the prior written permission of breacher, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process to: (i) monitor or copy any of the Software, web pages, data or Content found on this Web Site or accessed through this Web Site; (ii) gain access to or participate in any promotion, contest or sale; or (iii) place orders for or purchase any breacher product(s). You agree that you will not engage in the mass downloading of files from this Web Site; use the computer processing power of this Web Site for purposes other than those permitted; or flood this Web Site with electronic traffic designed to slow or stop its operation. You agree that you will not establish links to or from other websites to this Web Site without the prior written consent of breacher. breacher reserves the right, in its sole and absolute discretion, to cancel orders placed by and/or block you or other users of the Web Site who engage in any activity which breacher believes is not in accordance with these Terms. 13. FORCE MAJEURE Neither breacher nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 14. PRIVACY Your use of our Web Site and Services is subject to our Privacy Policy and Cookie Statement. Please read our Privacy Policy and Cookie Statement. 15. LIMITATION OF LIABILITY Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable law, neither breacher nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site. Except as prohibited by applicable law, in no event will breacher or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. In no event shall breachers’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) five dollars ($5.00) or (b) the value of your purchase on the Web Site. Please note that some of the above exclusions and limitations may not apply to you. 16. INDEMNITY You agree to defend, indemnify and hold breacher and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party. 17. RELEASE In the event that you have a dispute with one or more other users of the Web Site, you release breacher (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 18. TERMINATION You or we may suspend or terminate your account or your use of this Web Site 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 may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 19. WEB SITE DISPUTES & RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER “Web Site Disputes” include: (a) any claim you may have against breacher in connection with the Web Site, (b) any claim breacher may have against you in connection with the Web Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions. All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of an breacher product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute. Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Web Site after having the opportunity to review these Terms and Conditions. You and breacher intend for this to be an agreement for arbitration that can be enforced under the Arbitration Act (Ontario). You and breacher waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and breacher waive any right to a jury trial for Web Site Disputes. Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would. Any Web Site Dispute shall be determined by arbitration in Toronto, Ontario before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction. You agree that you will not file a class action against breacher and its affiliated companies or participate in a class action against breacher and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration or participate in a class arbitration against breacher and its affiliated companies, in any Web Site Dispute. 20. GENERAL Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that the Agreement may be automatically assigned by breacher in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 9 (User Generated Content – Your License to Us); 12 (Access and Interference), 15 (Limitation of Liability), 16 (Indemnity), and 17 (Release) shall survive any termination or expiration of this Agreement. 21. COPYRIGHT AND TRADEMARKS NOTICE All Site design, graphics, text selections, arrangements, and all software are Copyright© breacher gear. All trademarks, service marks, logos and trade names that appear on breacher gear products, or used herein or on the Web Site, whether registered or not (including but not limited to: the breacher name, the breacher corporate logo, the breacher Design, Mountain texted design and the Six Dash Logo (collectively the “Marks”) are trademarks or registered trademarks of breacher gear, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without breachers' prior written consent. The use of any of the Marks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Web Site in any internal or external intranet or Internet site, or the creation of “hot” links, hypertext, or deep links between the Web Site and any other Internet site, is prohibited without the express prior written consent of breacher gear. Last Updated: 30 Jan 2021




WARRANTY INFORMATION


BREACHER GEAR WARRANTY INFORMATION

GENERAL WARRANTY

Updated 30 Jan 2021

(Breacher Gears' "Breacher" Warranty only covers its' backpacks and tents of Breacher)

SCOPE OF WARRANTY

Breacher Gear. ("Breacher") warrants each product sold by Breacher or its authorized dealers ("Product") to be free of defects in materials or workmanship for as long as you own the Product, or for the lifetime of the product when the product is used for the purpose intended. Removal or defacing of brand labels voids warranty, lifetime is defined as the expected life of the product, not the user's lifetime. The product's "lifetime" specifically refers to the life of the product, or the product continued production, or at such a time that, through normal use, the product can no longer function for the specific purpose intended. The determination of whether a product's expected lifetime has been used will be made by the warranty service center.

Repairs not covered under the warranty will be considered on a case-by-case basis, and services provided will be at the expense of the customer at a reasonable charge. Charge will be determined at the time product is evaluated. We will not repair product requiring a fee unless approved.

Shipping/Other charges

The customer pays the shipping charges to send product(s) to our Warranty Service Center. It is up to you to send the pack to our service center. If the problem is covered under the warranty, we will repair or replace your pack and return it to you. We do not charge any shipping or handling fees for its return trip to you if you have a Canadian shipping address. Shipping charges for all non-warranty repairs are at the owner's expense. Customers with warranty claims outside of Canada will be responsible for all freight costs and customs duties incurred in transporting product(s) to and from Breacher Gear Warranty Service Center.

EXCLUSIONS FROM COVERAGE

Excluded from coverage under this warranty are the following:

  • Products purchased other than from Breacher or from an authorized Breacher dealer.
  • Damage resulting from abuse or misuse.
  • Damage resulting from or of natural breakdown of colors.
  • Damage resulting from extended wear and tear.
  • Damage resulting from tampering or a customer modification.
  • Damage resulting from exposure to a caustic substance.
  • Consequential, incidental, indirect/direct, punitive, exemplary, and/or special damages.

This warranty is the exclusive warranty provided by Breacher Gear relating to the Product and, for the lifetime of the product when the product is used for the purpose intended. Breacher disclaims all other express or implied warranties.

WHAT YOU WILL NEED TO DO TO RETURN DEFECTIVE PRODUCTS

Contact Breacher or bring the Product to the store where it was purchased for a Return Authorization Number ("RA#").

To obtain RA #, please take the following steps:

  • Submit a request thru our product feedback;
  • tell us WHAT you are sending back;
  • tell us WHY you are sending it back; and
  • Record the RA# and details for your future reference.

To ship the Product back to Breacher, please take the following steps:

  • include a copy of the original proof of purchase or receipt;
  • include a brief description of the problem;
  • include the RA#;
  • mark or identify the defect with a piece of tape or anything allowing for easy identification (if applicable);
  • print and attach or write the RA# clearly on the outside of the box; and
  • Indicate “Returns” on the box and ship the Product to the following address:

Breacher Gear - Returns
123 Rexdale Blvd. Unit 30162

Toronto On M9W OB1

Attn: Warranty Department (RA #_______________)

Please ship the Product freight prepaid and insured (Breacher Gear assumes no responsibility for Products during shipment from the customer to our Warranty Department and shipping charges are not refundable).

If Breacher Gear determines that the Product is defective, Breacher will either replace the Product or repair the Product. All determinations made by Breacher will be within Breacher Gear's sole discretion and will be final.

All returns by Breacher in Canada will be sent using ground shipping; shipments being returned to a P.O. Box will be made using Canada Post. All returns to international customers will be sent using standard shipping.





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