Terms of Condition
PLEASE READ CAREFULLY. By creating an account, you are automatically enrolling in the Himalayan Gear Loyalty Program and are agreeing to the following terms and conditions.
The Himalayan Gear Loyalty Program (the “Program”) is a loyalty program provided by Himalayan Gear USA, Inc., Himalayan Gear Hospitality, Inc. (collectively referred to herein as “we,” “us,” or “Himalayan Gear”) through which eligible individuals who have a valid membership account (an “Account”) may earn rewards as set forth herein. By creating an Account (whether in-person at one of our brick-and-mortar locations, or online at https://www.snowpeak.com/account/register, you are enrolling in the Program and agree to be bound by the Program’s following terms and conditions, together with any documents expressly incorporated by reference herein (the “Terms”). If you do not agree to all of the Terms, do not create an account with us. You may still access our websites, purchase our goods and services, and otherwise interact with us, but you must do so as a non-member without an account (a “Guest”).
I. Account Eligibility and Registration.
A. Account and Program Eligibility. The Program is open to legal residents of the United States, and CANADA (the “Program Territories”) who are eighteen (18) years of age or older and have a valid Account with Himalayan Gear (“Participants” or “you”). By creating an Account, you represent that you are at least 18 years of age and that all of the information you provide in creating your Account is truthful and accurate. Accounts are free to create and subject to our General Terms and Conditions at https://www.snowpeak.com/pages/terms-of-service, which are incorporated herein by this reference.
B. Creating an Account. To create an Account, please visit https://www.snowpeak.com/account/register, and follow the instructions therein. You may also visit one of our brick-and-mortar locations and open an Account by scanning a QR code or talking to a Himalayan Gear employee at the point-of-sale. Please note that you must provide your first and last name and your email address to create an Account. You will be automatically enrolled in this Program when you create your Account. Participants who do not comply with these Terms may be prohibited from participating in the program as determined by Himalayan Gear in its sole discretion. There is a limit of one (1) Account per person and email address, regardless of whether more than one person uses the same email address. The person who is the authorized email account holder of the email address indicated in the Account (and who otherwise meets the eligibility requirements) is deemed the Account holder and Program Participant.
C. Consent to Receive Account/Program Communications. By creating an Account, you agree to receive advertising, marketing materials, and other communications related to your Account and the Program from Himalayan Gear by email (and text messages, if you expressly opt-in to receive SMS communications). You will receive transactional emails relating to your Account regardless of whether you choose to opt-out of marketing or promotional messages, including reward notification emails, reward notification reminder messages, reward statements, and other Program-related.
D. Your Personal Information. To learn about how Himalayan Gear uses the personal information collected in connection with your Account and your participation in the Program, please read our Privacy Policy available at https://www.snowpeak.com/pages/snow-peak-inc-privacy-policy, which is incorporated herein by this reference. Please note that if you submit a consumer privacy request to delete your personal information, the result is the deletion of your Account—you will forfeit any rewards you might have and we will not be able to provide any customer service related to previous transactions made under that Account. You may elect to re-enroll in the Program, but it must be done under a new Account with a zero reward point balance.
E. Changes to these Terms. We reserve the right to modify, terminate, amend, limit, or otherwise change the Program and these Terms, including but not limited to Program benefits, conditions of participation, reward rates, or any other aspect of Program membership or participation, in whole or in part, at any time with or without notice, even when changes may affect the current value of your rewards under this program. We will post any changes made to these Terms on this page (https://www.snowpeak.com/pages/loyalty-program-terms-conditions). If we make material changes to these Terms, we will notify you by email to the primary email address specified in your Account. The date these Terms were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this page (https://www.snowpeak.com/pages/loyalty-program-terms-conditions) to check for any changes. Your continued use of your Account and any Program benefits constitutes your acceptance of the changes. If you do not agree to the changes, you must cancel your Account.
II. Earning Points.
A. Program Overview. You may accrue points that are eligible for reward redemption (“SP Points”) when you spend money on Qualifying Purchases, defined in Section 3(A) below. SP Points are calculated based on the amount paid by you for Qualifying Purchases—excluding all discounts, but including gift certificate use—and does not include shipping, taxes, or other fees. In order to receive SP Points, you must be logged into your Account at the time of purchase. For in-person purchases, you must alert the cashier at check-out that you have an Account and provide your name and email address for verification. Failure to do so forfeits your ability to request points at a later time. Please allow at least two (2) weeks for your SP Points to post on your Account. If a Qualifying Purchase is returned, SP Points will be deducted from your account in accordance with Section III.B. below. You must have an active Account in good standing at the time of the Qualifying Purchase to accrue SP Points.
B. Participant Tier Status. Participants earn SP Points at various rates based on their tier status, as reflected in their Account details (“Tier Status”). There are seven (7) tiers: Bronze, Silver, Gold, Platinum, Black, Sapphire, and Diamond. Tier Status is calculated based on the total number of points a Participant has earned since creating an account with Himalayan Gear (“Life Value Points” or “LVPs”). Life Value Points do not expire and are not redeemable for rewards—they are used to determine a Participant’s Tier Status. Each tier provides certain benefits, as described in Section 3(B) below, and can be achieved by obtaining the number of Life Value Points set forth in the table below.
| Tier | Required LVPs |
| Bronze | 0 |
| Silver | 100,000 |
| Gold | 200,000 |
| Platinum | 300,000 |
| Black | 1,000,000 |
| Sapphire | 3,000,000 |
C. Earning LVPs. Regardless of Tier Status, Participants earn Life Value Points per dollar spent (rounded up at $0.50) on Qualified Purchases, defined in Section 3(A) below, at the following rates:
i. 100 LVPs awarded for every U.S. dollar ($1) spent on Himalayan Gear products, such as gear and apparel purchases.
ii. 200 LVPs awarded for every U.S. dollar ($1) spent on Himalayan Gear services, such as camping events.
D. LVPs for Preexisting Accounts. An account that pre-dates this Program (a “Preexisting Account”) will be credited LVPs for its prior connected purchases (as reflected in the Preexisting Account’s historical purchase record) in accordance with Section II.C. No LVPs will be awarded for purchases made that are not reflected in the Preexisting Account’s historical record.
E. Earning SP Points. Participants earn SP Points as of the date an order ships (for online purchases), the date of purchase (for brick-and-mortar purchases), or the date services are used (for service purchases). SP Points accumulate at the rate set forth in the table below that matches your current Tier Status, which is measured as of the date of the Qualifying Purchase pursuant to these Terms.
| Tier | Rate of SP Points Earned |
| Bronze | USD $1.00 = 2 SP Points |
| Silver | USD $1.00 = 3 SP Points |
| Gold | USD $1.00 = 5 SP Points |
| Platinum | USD $1.00 = 6 SP Points |
| Black | USD $1.00 = 7 SP Points |
| Sapphire | USD $1.00 = 8 SP Points |
F. Additional Benefit Opportunities. From time to time, at Himalayan Gear's discretion, you may be able to earn additional LVPs and/or SP Points and/or Program benefits by completing specific actions. Please access https://www.snowpeak.com/account for these additional opportunities, which are subject to change at any time.
III. Qualifying Purchases; Returns; Other Limitations.
A. Qualifying Purchases. A “Qualifying Purchase” is a merchandise or services purchase made by you with your Account information at any of our authorized retailers’ brick-and-mortar or online stores (our “Authorized Retailers”). Qualifying Purchases exclude purchases of gift cards unless permitted under terms and conditions of a particular promotion. Qualifying Purchases exclude: purchases made using a discount code, including an employee discount; purchases made using a Prodeal discount; prior purchases, purchases made using a merchandise or return credit as tender; purchases made through third-party platforms (such as Instagram and eBay); and purchases of specific products, services, or promotional offers that Himalayan Gear may expressly exclude from the Program. Notwithstanding the foregoing, you will accumulate LVPs (not SP Points) on purchases you make using a discount code (including employee and ProDeal discounts).
B. Returns. If a Qualifying Purchase is returned, Life Value Points and SP Points will be deducted from your Account in an amount equal to the corresponding LVPs and SP Points earned (whether or not they have yet posted to your Account) for the portion of the Qualifying Purchase that is returned. If your Account SP Points are insufficient to cover a deduction related to a return, your Account may become negative and subsequent SP Points earned will first be applied to reduce the negative balance. We may suspend or cancel Accounts with a negative balance. If your Account is suspended in this way, you may seek reinstatement by contacting our customer service team at support@himalayngear.com, which Himalayan Gear may or may not permit, at its own discretion. If your Account’s SP Points are insufficient to cover a deduction related to a return, this will impact the refund amount you receive back from Himalayan Gear. Your refund amount will be reduced by $0.01 per SP Point you cannot return. For example, if you make a purchase and have earned 200 SP Points, which you subsequently redeem for a $2.00 Discount Reward prior to returning the product, your refund for the original Qualifying Purchase will be reduced by $2.00. If you return products purchased with SP Points, the SP Points used will be returned and credited to your Account, to the extent we can identify that SP Points were used in the original purchase. Returns of gifts you received which you did not purchase or returns of items purchased without noting your Account will not be tied back to your Account for return credit or any other reward. In a return transaction where SP Points were used to reduce the total amount paid, you are entitled to a refund for any amount actually paid. This Section does not apply to final sale items or Product Rewards (defined in Section IV(A)(ii) below) as these items cannot be returned.
C. No Cash Value or Transferability. SP Points do not constitute property, do not entitle you to a vested right or interest, and do not have a cash value. As such, SP Points are not redeemable for cash, transferable, or assignable for any reason. The sale or transfer of SP Points is strictly prohibited.
IV. Redeeming SP Points.
A. Rewards Overview. SP Points can be redeemed to:
i. Deduct a dollar amount from a retail order total when you make a purchase at one of our Authorized Retailers (“Discount Rewards”). SP Points can be redeemed at 100 SP Points per $1.00 off. For example, a 300-point redemption results in a $3.00 Discount Reward.
B. Redemption Instructions. Discount Rewards are redeemable at check-out, where you may choose to use any discounts eligible with your SP Points. Product Rewards are redeemable by logging into your Account online, selecting a Product Reward, and following any redemption instructions provided therein. SP Points will be removed from your Account upon the finalization of any transaction in which they are used.
C. Limits on Reward Redemption. Discount Rewards cannot be redeemed for gift cards, gift certificates, store credit, sales tax, prior purchases, licenses, or services such as shipping, or on purchases of specific products or services that Himalayan Gear expressly excludes from Discount Reward redemption. All rewards must be redeemed prior to or on the expiration date (see Section 5 for details on expiration). Product Rewards are final sale and cannot be returned.
V. Expiration; Effect of Account Termination.
A. Inactive Accounts. If you make no Qualifying Purchases during any continuous (rolling) 12-month period, your SP Points will expire on the 366th day of inactivity. LVPs do not expire and will remain in your account until your account is cancelled, termination, or deleted for any reason. We reserve the right to cancel inactive Accounts.
B. Himalayan Gear's Right to Terminate Accounts. If we determine, in our sole judgement and discretion, that you have abused the Program, including by failing to abide by these Terms or by transferring, selling, or bartering (including any attempts thereof) Life Value Points, SP Points, products purchased as part of a Qualifying Purchase, redeemed rewards, or promotional offers, and including any misrepresentation of fact relating thereto or other improper conduct, we may terminate your Account and disqualify you from future Program participation.
C. Effect of Termination or Cancellation. If your Account is cancelled or terminated for any reason, your Account will be closed. Any outstanding SP Points and Life Value Points in your account will be forfeited without notice or compensation to you.
VI. General Terms and Conditions.
A. Intellectual Property Rights. Our company names, logos, and all related names, logos, product and service names, designs, and slogans are intellectual property of Himalayan Gear or its affiliates or licensors. You shall not use such marks without our prior written permission.
B. Entire Agreement. These Terms, the documents they incorporate by reference, and any policies, operating rules, or promotional terms and conditions posted by us regarding the Program constitutes the entire agreement and understanding between you and us and governs your use of the Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
C. Governing Law. The Program, your Qualifying Purchases, and these Terms will be governed by and construed under the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to any conflict of law provisions. You agree that any action not required to be arbitrated pursuant to these Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.
D. One Year to Assert Claims. To the extent permitted by law, any Claim by you or Himalayan Gear relating in any way to the Program, these Terms, or any aspect of the relationship between you and Himalayan Gear as relates to the Program, these Terms, or the documents these Terms incorporate by reference, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Himalayan Gear will not have the right to assert the Claim.
E. Right to Opt-Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out by certified mail addressed to Himalayan Gear at 404 NW 23rd Ave, Portland, OR 97210. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 6(C).
F. Indemnification. You agree to indemnify, defend and hold harmless Himalayan Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due or relating to or arising out of your use of the Program in violation of these Terms and/or arising from a breach of these Terms or the documents they incorporate by reference, and/or any breach of your representations and warranties set forth in these Terms of Service, and/or arising out of or relating to rewards redemption or third-party transactions that you enter or attempt to enter in connection with your Account, and/or your violation of any law or the rights of a third-party.
G. Limitation of Liability. IN NO EVENT SHALL HIMALAYAN GEAR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST OR STOLEN LIFE VALUE POINTS AND/OR SP POINTS, ANY ERRORS OR OMISSION IN THE PROGRAM OR IN COMMUNICATIONS REGARDING THE PROGRAM, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF SUCH DAMAGES WAS FORESEEABLE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM. HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF HIMALAYAN GEARL'S GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
H. Waiver; Severability; Interpretation. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. We reserve the right to interpret and apply the policies and procedures communicated in these Terms in our sole and absolute discretion. You agree to fully and unconditionally accept our decision, which is final and binding in all matters related to the Program, your purchases, and these Terms. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any portion of this Section 6 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 6 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 6; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 6 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 6 will be enforceable. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.