Terms and Conditions
These Terms and Conditions were last updated on 15 March 2022.
Use of this website
This website is owned and operated by Mettle (“us”, “we”). Accessing, browsing or otherwise using this website indicates your agreement to all the Terms and Conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of these terms, then please do not access or use mettlerunning.com.
Subject to the Terms and Conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use this website by displaying it on your internet browser only for the purpose of interacting with Mettle content and shopping for personal items sold on the Site, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on this website or make any use of this website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You understand that when using the Mettle website, you may be exposed to User Submissions from a variety of sources, and that Mettle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mettle with respect thereto, and agree to indemnify and hold Mettle, his Partners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this website.
All text, graphics, button icons, images, audio clips, and software belongs exclusively to Mettle or its affiliates. The collection, arrangement, and assembly of all content on this website belongs exclusively to Mettle or its affiliates. All software on this website is the property of Mettle, its affiliates or its software suppliers.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this website, except as incidental to normal web browsing.
Linking to website and social media features
You may link to our home page or other pages on our site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part.
Accuracy, completeness and suitability of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Products or services
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Refunds Policy below.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Service and price changes
Prices for our products are subject to change without notice. We reserve the right at any time to change or discontinue our service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any change, price change, suspension or discontinuance of our service.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
By placing an order with us for any product or service made available through this website, you represent and warrant that:
- You have the legal right to use the payment method provided
- You are of legal age and capacity to form a binding contract, and
- All information you provide to us in connection with such order is true, accurate, and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on this website are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on this website may not exactly match the actual product. All prices displayed on this website are in US dollars, unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice, including after you have submitted your order.
Refunds / Exchanges of physical products
We want you to be completely happy with your purchase. If you have any questions, concerns, or problems please email us at email@example.com. In the event, however, that you decide your purchase was not the right decision, we want to make things right. Within 30 days of any purchase, mettlerunning.com will refund the full price you paid upon request. Simply contact us and let us know you’d like a refund. No refunds are provided after more than 30 days following purchase. If there is a technical problem / malfunction with the product, we will exchange the product, with sales receipt, within 30 days of purchase date. Return shipping costs will be the responsibility of the customer.
To cancel an order please email us firstname.lastname@example.org. Your email must contain your first name, last name, order number, email address, and, optionally, telephone number. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions regarding your order. Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out.
However, if the cancelation was documented as received after the order was shipped, we will refund the merchandise total, less shipping cost, once we receive the returned product in the same condition as it was shipped out (i.e., in its original packaging, wrapped and unopened, with sales receipt); to receive the product otherwise will null and void the cancelation order. Refused orders will be treated as a return, with the same policy that applies to returned items.
Warranties and limitation of liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content.
We make no warranty that:
- This website or our products or services will meet your requirements.
- This website will be available on an uninterrupted, timely, secure, or error-free basis.
- The quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all your claims, actions and causes of action of every kind and nature.
You agree to indemnify, defend and hold harmless Mettle and our affiliates, partners, directors, contractors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable notaries’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and Conditions if, and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
How to contact us
If you have any feedback, comments or questions relating to these Terms and Conditions, or our website, you can email us at email@example.com, use our contact form, call our offices at +33 (0)6 74 55 85 55 or you can reach us by mail at 168 Chemin du Biollay, 74310 les Houches, France.