We, Big Agnes, Inc., 840 Yampa St., Steamboat Springs, CO 80487 (Colorado), USA ("we", "us") offer via our website www.bigagnes.com ("Website") our customers ("you", "yours") the purchase of various products for outdoor activities, in particular tents, sleeping bags, sleeping pads, camp furniture, backpacks, outdoor clothing and camping accessories ("Products").
These General Terms and Conditions for Big Agnes, Inc. ("T&Cs") govern the contractual relationship between you and us (together the "Parties") for the use of our Website, including the purchase of Products via our Website, and any other website, social media pages, or other digital medium owned or operated by Big Agnes, Inc. (collectively "the Site") including any content, functionality, services, and products offered on or through the Site. By using the Site, you consent and agree to be bound by and comply with these T&Cs. If you do not agree to these T&Cs, you must not access or use the Site or obtain products from the Site. Please review the T&Cs in their entirety prior to engaging in any transaction on the Site.
These T&Cs apply in the version valid at the time of your use of our Site, including at the time you place an order. The currently valid T&Cs are available at https://www.bigagnes.com/pages/terms during the ordering process and at any other time and can be saved and printed by you there. We reserve the right to make changes to the Site and to these T&Cs at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of revised T&Cs means that you accept and agree to the changes.
All information Big Agnes, Inc. collects on the Site is subject to our Privacy Notice. By accessing or using our Site or products, you acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your personal information.
This Site may include content provided by third parties or links that allow you to access websites or other online services that are owned and operated by third parties. The inclusion of content or links to external websites is for your convenience and does not constitute or imply support or endorsement of any kind. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Big Agnes, Inc. is not responsible for the content or accuracy of any material provided by any third parties. If you decide to access any third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.
You can purchase products on the Website as a registered user or as a guest. As a registered user, your order data will be saved and automatically pre-entered during the order process in order to process orders more quickly.
The display of the products offered on the Website does not constitute a binding offer to conclude a purchase contract, but an invitation for you to submit an offer. You submit a binding offer to purchase the selected products as soon as you have provided all the information requested during the ordering process, accept these T&Cs and click on the "Buy Now" button ("Offer"). Until you click on the "Buy Now" button, you can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order.
After we have received your offer, we will send you a confirmation of your order for the products by email ("confirmation of receipt email"). This confirmation of receipt email does not constitute a declaration of acceptance by us.
The purchase contract is concluded when we have expressly accepted the offer by sending an order confirmation ("conclusion of contract"). You will be informed about our acceptance of your offer to purchase through a confirmation email. These T&Cs are attached to the purchase confirmation email.
You are obliged to provide complete and correct information when registering an account with us and submitting an offer to purchase.
You are responsible for maintaining the confidentiality of your username and password ("Login Credentials"). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. We reserve the right to disable your Login Credentials at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&Cs.
If a delivery fails, please make sure to cooperate with any instructions by the third-party delivery service provider.
Commercial or industrial resale of the products is prohibited. This does not apply if we have given our express consent for this.
By making an offer to purchase, you represent and warrant to us that: (a) you have the right and are legally permitted to enter into any transaction with us without violating these T&Cs, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; and (b) you will use the purchased products as intended and never in any way that would violate any applicable law or third party right of any kind.
You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations ("Feedback") to us. By providing any Feedback to Big Agnes, Inc., you grant us and our service providers, and each of their and our licensees, successors, and assigns, the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.
If you submit Feedback to us, you represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any Feedback.
The Site, including social media pages or sites connected to Big Agnes, Inc., may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others ("User Content"). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content.
You also hereby grant Big Agnes, Inc. a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferable license to use and otherwise exploit any User Content or information on or in any and all media. Big Agnes, Inc. reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our services, at your sole cost and expense.
You agree to pay the purchase price with regard to the products purchased by you plus any shipping costs ("purchase price").
Unless otherwise stated, all prices do not include taxes or delivery and shipping costs. The total purchase price will be clearly communicated to you during the ordering process.
The purchase price must be paid in full prior to delivery.
Payment is made using the payment method you selected during the ordering process. If we use a third-party payment processor, for example Klarna or PayPal, their general terms and conditions will apply.
We are authorized to remove or add individual payment methods. The available payment methods will be displayed to you before the order is processed.
In the event of a returned payment, you are obliged to reimburse the costs actually incurred by us as a result of the returned payment.
During the checkout process, you may select to have your purchase delivered by a shipping service or, when available, picked up from a retail store.
Delivery will be made within the delivery period specified when you place an order by the shipping service provider you have selected. The currently available delivery options can be viewed on the Website. The delivery period begins as soon as we have received the purchase price.
You have to bear the shipping costs. The amount of the shipping costs will be shown to you before the order is processed.
We are authorized to make partial deliveries insofar as this is reasonable for you. In the event of a partial delivery, you shall only bear the shipping costs incurred for the first of the partial deliveries.
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, this will help us to assert our own claims against the carrier or the transport insurance company.
If you choose to pick up your purchase in a retail location, you will need to provide proof of purchase (such as an email confirmation or confirmation code) and a valid identification document (such as a driver's license).
The products remain our property until the purchase price has been paid in full.
Big Agnes, Inc. provides a limited lifetime warranty against manufacturer material defects.
All Big Agnes products include a Limited Warranty against manufacturing or material defect for the lifetime of the product. Electronic products are covered for up to two years from date of purchase when returned with a receipt. Items must have been purchased through an authorized Big Agnes retailer or direct from Big Agnes. Items will be repaired or replaced at the discretion of Big Agnes. If a replacement product is not available, credit will be given for the original purchase price when returned with a receipt.
We do not warranty products damaged from normal wear and tear, alteration made by owner, misuse, accidents or damages caused by uses other than intended, or if not purchased through an authorized Big Agnes retailer. Items purchased at REI Garage Sales are not covered under warranty, but we will do our best to repair them for a fee.
We shall not be liable for any consequential or incidental damages of any kind. This includes, but is not limited to, damage or loss of other property because of defects in our products. Some states do not allow the exclusion of consequential damages, so the above exclusion may not apply to you.
For more information, see our Warranty Policy.
In the case of additional product guarantees, you will find information on the exact terms and conditions of these with the product and on special information pages on our Website.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE BIG AGNES, INC. ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, ALL SERVICES DELIVERED TO YOU, AND THIS SITE ITSELF, ARE PROVIDED ON AN "AS-IS" BASIS. BIG AGNES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, BIG AGNES, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR USE; (c) WARRANTY OF TITLE; AND (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE.
TO THE EXTENT PERMITTED BY LAW, BIG AGNES, INC., ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF OUR SITE.
OUR MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT OR ANY PRODUCTS WILL NOT EXCEED $100.
Not happy with your gear, or looking to make an exchange? Send it back to us and we'll make it right.
New Items
Please Submit a Claim Online prior to returning product to Big Agnes. Brand new products, with tags still on, are eligible for refund to the purchaser, exchange for a different size/color, or credit towards a future bigagnes.com purchase.
Used Items
We want you to love your Big Agnes gear. If something isn't working for you, you may send used gear back to us for credit evaluation. We will evaluate the condition of your gear and offer credit towards a future purchase on bigagnes.com commensurate with the item's condition.
Pro Tip: Items purchased "as is" from REI Garage sales are not eligible for Exchange.
New Items
To be eligible for refund, products that are new and unused must be returned with a receipt to the place of purchase. We can only offer refunds for purchases made directly through bigagnes.com. Products sent to Big Agnes for exchange must also be accompanied by a copy of the original receipt.
Products that are new and unused with retail tags attached may be returned to Big Agnes for exchange, or credit towards a future purchase on bigagnes.com.
Used Items
We stand behind our gear, regardless of where it was purchased. If something isn't working for you, you may send used gear to us for credit evaluation. We will evaluate the condition of your gear and offer credit towards a future purchase on bigagnes.com commensurate with the item's condition.
All sales are final. No returns or exchanges except for the following:
The customer is responsible for shipping product to Big Agnes for exchange, credit evaluation, or return. We recommend that you insure and include delivery confirmation on all packages sent to Big Agnes. We are not responsible for lost packages. Let us know what you would prefer as an exchange item and when your next trip is when you Submit a Claim Online so we can do our best to meet your expectations.
The laws of the State of Colorado will govern these T&Cs and any disputes under them, without giving effect to any principles of conflicts of laws.
The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis any dispute that may arise out of these T&Cs. The parties may, by mutual consent, retain a mediator to aid in their attempt to resolve any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved, the parties agree to submit to the exclusive jurisdiction of the courts located in Routt County, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
The Site and its entire contents, data, features, products, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) ("Site Content") are the property of Big Agnes, Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Big Agnes and related logos are trademarks and service marks ("Marks") of Big Agnes, Inc. Big Agnes, Inc.'s Marks may not be used without advance written permission, including in connection with any product or service that is not provided by Big Agnes, Inc., in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Big Agnes, Inc. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Big Agnes, Inc. as described in the Copyright section (Section 12 below).
Big Agnes, Inc. grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content only as an informative resource and engage in transactions, including the purchase of Products via our Website. You will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased products or services.
Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Big Agnes, Inc. is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes. You may not remove any Marks or other proprietary notices.
You may use the Site only for lawful purposes and under these T&Cs. You agree that you will not:
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may file a notification of such infringement with our designated Copyright Agent:
Copyright Agent
Big Agnes, Inc.
PO Box 773072
Steamboat Springs, CO 80477
Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees.
We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.
Use by Minors. This Site is intended for adults over the age of eighteen (18) years. We do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws, we will work to promptly delete this information.
Indemnification. You agree to defend, indemnify, and hold harmless Big Agnes, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys' fees), arising from or relating to your violation of these T&Cs or your use or misuse of the Site.
Injunctive Relief. You agree that a breach of these T&Cs will cause irreparable injury to Big Agnes, Inc. for which monetary damages would not be an adequate remedy and Big Agnes, Inc. shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
Third-Party Beneficiaries. These T&Cs do not entitle or confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.
Assignment. Big Agnes, Inc. may assign or otherwise transfer any or all of its rights or obligations hereunder to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties without our prior written consent, and any attempt to do so shall be null and void.
Force Majeure. Big Agnes, Inc. shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, acts of God, and/or terrorism of any kind.
Waiver and Severability. Our failure to enforce any of our rights outlined in the T&Cs will not constitute a waiver of our right to make such enforcement in the future. If any part or portion of these T&Cs is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Term and Termination. These T&Cs will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions that by their nature are intended to survive will remain binding on you. Big Agnes, Inc., in its sole discretion, may suspend or terminate your access to the Site for any reason, with or without notice, and without any liability to you or to any third party.
Entire Agreement. These T&Cs constitute the sole and entire agreement between you and Big Agnes, Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
We may provide notices to you by email, postal mail, or by posting them on the Site. You are responsible for ensuring that you have provided us with your current email and mailing addresses. If you no longer wish to receive communications from Big Agnes, Inc., you can click on the "unsubscribe link" provided in such communications or contact us using the information below. We may continue to send you necessary transactional communications, even if you opt-out of receiving newsletters or product update communications.
For feedback, comments, requests for technical support, and other communications relating to the Site or these T&Cs, please contact us:
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