TERMS OF SALE

Please read these terms of sale carefully. By purchasing an item from the web sites, mobile applications or online services (collectively, “site”) operated by Sun And Sand Sports LLC. You agree to be bound by the terms of sale described herein and all terms incorporated by reference.

These terms of sale contain very important information about your rights and obligations, as well as limitations and exclusions. If you do not agree with these terms of sale, do not make a purchase.

If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity's behalf.

If you have any questions, please refer first to the Frequent Asked Questions. All other questions or comments should be directed via email or phone at customercare@columbia.sa

All sales from the Sites are sold by Sun and Sand Sports LLC, an authorized distributor of Columbia products within the Kingdom of Saudi Arabia (“We”, “Our”, “Us” or “SSS”). You are the natural person who is presently visiting Our Sites (“You”, “Your”, “Yours”). These Terms of Sale apply to your purchases of any products from the Sites, except to the extent that you have entered into a separate written agreement with SSS that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in SSS's sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the Terms of Sale in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and SSS, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.

If there is any discrepancy between the English version of this document and any other translated version, the terms of the English version shall prevail.

1. Who We Sell To

SSS sells products only to adults. If you are under 18, you may have your parent or guardian place an order for you. SSS reserves the right to refuse service, terminate accounts, and cancel orders in its sole discretion.

2. What you authorize us to do

By using our Sites, you authorize us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms of Sale.

We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.

3. Your Account

When you purchase from SSS, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account or with your password. If your account or password is compromised in any way, you will notify SSS immediately. SSS may take any action to maintain the security of its websites and your account, including, but not limited to, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

4. Eligibility and Order Placement

• Products on the Sites are intended for direct sale to end consumers only.
• You are prohibited from purchasing products for resale, or with the intent to resell the products to a third party. If SSS believes you are purchasing product for resale, SSS may take action against you including, but not limited to, restricting sales to you, cancelling your orders, or suspending or closing your account.
• You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent the Sites from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.

5. Order Placement and Cancellation

• To submit an order, accurately and completely provide the information required at checkout.
• We do not accept any method of payment other than those listed on the order page. In some cases, we may require prepayment. If payment is not received or cannot be processed for any reason, we may cancel your order. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method.
• When you submit an order, we may send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the products are shipped to you. If we are unable to fulfill your full order, we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery charges (if any) as soon as possible and will incur no further liability to you. If in case we are unable to fulfill part of your order, we will refund you the full amount for the unfulfilled order as soon as possible, excluding the delivery or shipping charges and will incur no further liability to you.

• Order Cancellation by you – You may cancel your order free of charge and without giving us any reason until the time you get a notification that your order is shipped. Orders cannot be cancelled in part. Orders can only be cancelled in full. Please note that we begin processing orders placed on the Website almost immediately. We will refund you the full amount for the cancelled order, including any associated delivery or shipping charges (if any) for the orders cancelled in full. If your items have already been dispatched, your order can no longer be cancelled. To return a product once your order arrives, follow the process in our Returns Policy. Please note that in such a case your delivery or shipping charges will not be refunded.

6. Shipping Terms and Policies

We endeavor to process all orders for in stock items as soon as possible. Our standard business hours are Saturday through Thursday 9 am to 6 pm, KSA time. Standard shipping can be via any affiliate of ours or by any third party we contract with. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. All shipping charges are the responsibility of the customer. Shipping times are estimates only and are subject to change as the result of factors outside of our control. We shall not be liable for any delay in delivery or performance howsoever caused. You shall not be entitled to cancel any order or refuse acceptance of delivery due to any delay.

Shipping or delivery charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping or delivery charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

The products will be delivered to the address stated in your order (“Delivery Address”). You are responsible for providing us with safe and adequate access to the Delivery Address for delivery of the products. We shall be entitled to deliver the products (i) to any person whom we reasonably believe has authority to accept delivery on your behalf; or (ii) by leaving the products at any designated place to store such parcels.

The risk and title in the products shall pass to you upon the products being delivered at the Delivery Address. 

7. Return Policy

You may return an unworn, unused item in its original packaging, in its original condition, with all original tags still attached, or where item or product is faulty or in nonconforming with the order, within 14 days of the date of delivery. Any return request which is raised beyond 14 days of delivery will not qualify for return and such requests will be at our sole discretion.

If you choose to return your faulty or non-conforming product, we will first need to confirm that it is faulty, damaged, or does not correspond to the description on our website. Once confirmed, we will refund the cost of the product and the original shipping and handling charges along with any applicable taxes paid by you. If we determine the merchandise is not faulty, you will not be entitled to a refund and we will return the merchandise to you at your expense. Please see the “Returns” section above for more information regarding on how you can complete your return.

Any discounts applied at the time of purchase will be prorated per item based on price, and discount amount will be void. A copy of your original receipt may be required. For more information on returns, please check our Return Policy.

We will usually credit the refund back to the mode of payment that you used to pay for the products within approximately fourteen (14) days from the date that we receive the products. Please note, it may take longer for the refund to appear on your payment card statement.

8. Product Availability and Pricing

SSS may revise or discontinue products at any time without prior notice to you, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice. The price of your order will be quoted including or excluding taxes depending on the delivery address.

9. Product Descriptions; Pricing; Errors

SSS attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

AI-Generated Content. SSS may use artificial intelligence tools to generate summaries or highlights of product reviews or other content on the Sites. These AI-generated summaries are provided for your convenience only. SSS does not guarantee the accuracy, completeness, or reliability of any AI-generated content. Any reliance on such content is at your own risk, and SSS is not liable for any errors or omissions in AI-generated summaries. You are encouraged to review the full product reviews and other original content to form your own opinion.

10. Electronic Communications

When you visit the Sites, chat with us or send email to us, you consent to receive communications from us electronically and you agree that we may communicate with you by chat, email, or by posting a notice on the Sites. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Sites, providing an email address in a chat conversation, or leaving a telephone message with an email address for SSS to respond to a query about your account, as a request that we communicate with you by an email. You further acknowledge that emails sent with this information may not be stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails or text messages from us, are further described in our Privacy Policy.

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy carefully, as it includes important terms which apply to you.

11. Warranties; Disclaimer

All product descriptions and specifications are provided to us by Columbia. We do not warrant the accuracy, reliability, or completeness of such description or specification.  In case any listing, product descriptions and specifications are provided to you by us, we make no representation as to completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or specifications, including any features or prices contained on the site. Such information and the availability of any products are subject to change at any time without notice.

We provide no warranties, guarantees or covenants of any kind relating to fitness, quality, safety, or inability to use, or inability to have repaired or serviced, any product purchased by you. Except as expressly set forth in these written limited warranties and to the fullest extent permitted by applicable law, products are offered on an “as is” basis without warranties of any kind, express or implied, and SSS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SSS is not responsible for typographical errors or omissions relating to pricing, product descriptions, text or images.

12. Indemnification

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Sale, or arising out of any claim that you have breached any provision of these Terms of Sale.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall SSS, its directors, members, employees or agents be liable for any consequential, special, exemplary, indirect, or punitive damages, or any other damages of any kind, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with any purchase made on the sites, even if SSS has been advised of the possibility of such damages. To the fullest extent permitted by law, in no event will the aggregate liability of SSS (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other tort) arising out of or relating to Columbia’s operation of the sites or offer to sell or sale of products thereon exceed the amount actually paid for the purchase of products from this site, whichever is less. 

14. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations:

(a) you will be contacted as soon as reasonably possible to notify you; and

(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel any order affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant products you have already received (where applicable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).

15. Governing law and dispute resolution

The Sites are operated and are governed by the laws of the Kingdom of Saudi Arabia (KSA) (without regard to the choice of legal provisions, and not by the UN Convention on Contracts for Sale Commodities International, 1980), which may be different than the laws of your jurisdiction. If you access the Sites from outside the KSA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of the KSA. You may not use the Sites if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites. Any dispute arising out of or related to the matters of these Terms will be submitted for resolution of the exclusive jurisdiction of local courts of Riyadh, KSA, with express waiver of any other court, however special, to resolve any conflicts or controversies arising from the clauses and provisions of these Terms.

16. No Waiver; Severability

The remedies set forth in these Terms of Sale are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by SSS to enforce any provision of these Terms of Sale will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

17. No third-party rights

Nothing expressed or mentioned in or implied from these Terms of Sale is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms of Sale. These Terms of Sale and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.