TERMS OF USE and SAFETY INFORMATION

Please see Important Safety Information Below

Last updated and effective as of: June 15th, 2026

PLEASE REVIEW THE FOLLOWING TERMS OF USE AND SAFETY INFORMATION CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE (DEFINED BELOW) AND THE PRODUCTS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

THIS AGREEMENT INCLUDES A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

OVERVIEW

The following Terms of Use (“Terms”) apply to all visitors or users of the websites (www.swissarmy.com and www.victorinox.com), microsites, and mobile websites (each, a “Site”), that are operated, and made available in the United States and Canada by Victorinox Swiss Army, Inc. (“Victorinox”) These Terms also apply to your use of interactive features, widgets, plug-ins, content, downloads and/or other online services that we operate and control and that post a link to these Terms (collectively with each Site, the “Service”). The terms “Company”, “we”, “us”, “our” and “ours” when used in these Terms (excluding the Privacy Policy, as further described below) mean Victorinox and, as applicable, its parents, subsidiaries, divisions, branches or affiliates. Victorinox offers the Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. For the purpose of these Terms, the terms “user”, “you” or “your” refers to you, as a user of the Site, and, if applicable, includes any other person on behalf of which an individual is accessing the Site.

1. Acceptance of Terms of Use and Modifications

By using the Service, or accessing any information on the Service, you agree to these Terms. Each time you access and/or use the Service, you agree to be bound by and comply with these Terms, including any additional terms or policies incorporated herein. If you do not agree to the Terms, do not use the Service or download any materials from the Service. Victorinox Sites are business and commercial in nature, and as such, are not intended for children or minors. These Terms constitute a legally binding agreement. These Terms are subject to change. By using the Service and agreeing to these Terms, you acknowledge that these Terms may be amended at any time by us without notice to you and agree that you are obligated to review our Terms for updates or changes each time you access or use the Service. All updates and changes to these Terms will be effective immediately. Your continued use of the Service means that you accept and agree to such changes. Therefore, do not use the Service if you do not agree. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. Notwithstanding the foregoing, if you are a resident of a Canadian province or territory whose applicable consumer protection legislation requires advance notice of amendments to consumer contracts, we will provide you with at least thirty (30) days' prior written notice before any amendment to these Terms comes into effect, which increases your obligations or reduces our obligations. Your continued use of the Service after the expiry of that notice period constitutes your acceptance of the amended Terms.

If you cannot access these Terms via the Internet, we can provide a copy of the most recent Terms by e-mail upon request or via other means that will permit you to review these Terms. ACCESS TO THE SERVICE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

In some instances, both these Terms and separate guidelines, rules, or terms of sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service, such as Victorinox’s Terms and Conditions of Sale (in each such instance, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

The Service’s practices governing any resulting collection, use, disclosure, or other handling of your personal information are disclosed in our Privacy Policy, which are incorporated into and form part of these Terms. Visit our Privacy Policy here to learn more about our information practices.

2. Accessibility

If you are having trouble accessing these Terms or other sections of this Website, please contact us by emailing consumerinquiries.ca@victorinox.com, or by calling us Monday through Friday at 1-800-665-4095, between 9:00 AM and 5:00 PM (EST).

3. Important Safety Information

Knives and implements can cause serious injury. Use, sharpen and care for them carefully and responsibly and only for the purpose for which they are intended. For example, never use a knife blade as a pry bar. Keep out of the reach of children and exercise parental supervision at all times.

A. Knives and Tools

Victorinox AG guarantees all knives and tools to be of first-class stainless steel and also guarantees a lifetime against any defects in material and workmanship (with the exception of electronic components, which are guaranteed for two years). Damage caused by normal wear and tear, misuse or abuse are not covered by this guarantee.

B. Travel Gear

Your “Victorinox Travel Gear” product is backed by that same commitment to excellence and performance as the Original Swiss Army Knife.

Each “Victorinox Travel Gear” design is subjected to as many as 30 rigorous tests, simulating the most extreme real-world scenarios and environmental conditions. Our testing regimen ensures the precision, strength and durability you expect from our brand. A certified technician meticulously inspects each individual Travel Gear piece before it is packaged. As a result, we guarantee every product we make to be free from manufacturing defects for the duration of the warranty period. In the unlikely event that your product displays a defect of a functional nature covered under warranty, a global network of Authorized Service Centers stands ready to provide you with service anywhere in the world.

Furthermore, we understand that product wear and tear over time or under frequent use is inevitable and can be expected. While our warranties do not cover natural wear and tear, we do keep an inventory of replacement parts and, whenever possible, we will gladly repair damage resulting from wear and tear for a nominal fee.

4. Intellectual Property

A. General Ownership.

The content, functionality, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Service, including the “look and feel” of the Service, are protected under applicable copyrights, trademarks, patents and other proprietary rights (including all intellectual property rights) and are our property or are included with the permission of the rights owner and are protected pursuant to intellectual property laws. You do not acquire ownership rights when accessing or using the Service. You may not copy, modify, reuse, reproduce, distribute, display, publish, license, transfer, transmit, create derivative works from, or otherwise use any content or material on the Service without our written permission.

B. Trademarks

All Company names, logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, or trade names displayed, cited or otherwise indicated on the Service are trademarks or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third-party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks is strictly prohibited.

The Victorinox Cross & Shield, Victorinox® and Swiss Army® are separate trademarks owned and registered by Victorinox AG, Ibach, Switzerland and its related companies. We reserve all rights not granted under these Terms.

5. Limited Right to Use the Service

A. User License

Subject to your strict compliance with these Terms and any Additional Terms, Victorinox grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), view, use, play, and/or print one copy of our Service content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) (“Content”) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) in connection with your access and use of the Sites and Services solely for the limited purpose of viewing our products, making purchases, and taking advantage of the other services offered on the Sites. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Victorinox’s sole discretion, and without advance notice or liability. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create any derivative work from or make other use of the content of the Service. No part of any content, form or document accessible at the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title. If we provide social media features with certain content, you take such actions as are enabled by such features and as restricted by these Terms and any Additional Terms.

B. Restrictions

Your activities on the Service shall not: (i) violate any law, statute, ordinance or regulation (including those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject the Service to any virus, Trojan horses, worms, time bombs, spiders, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Service; (v) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (vi) use any process to monitor or copy any of the material on the Service or for any other unauthorized purpose; (vii) use any device, software or routine that interferes with the proper working of the Service; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service; (ix) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; (x) otherwise attempt to interfere with the proper working of the Service; (xi) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Victorinox without express written consent; (xii) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (xiii) seek to obtain sensitive or personal information from other users of the Service; or (xiv) modify or alter any part of the Service, including by (A) providing a link directly or indirectly to any other site from the Service, or (B) modifying or altering any material on the Service. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Without limitation, your use of the Service shall not be for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise. Additionally, you shall not (xv) use the Service to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms; (xvi) use or access the Website to collect or track the personal information of others that use the Service to impersonate or attempt to impersonate the Company; (xvii) impersonate a Company employee, another user or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); (xviii) use this Service to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability; (xix) Resell use of, or access to, the Website to any third party; or (xx) unless otherwise expressly authorized by us, use the Service or any Content to develop, train, test, validate, improve, fine-tune, or otherwise support any artificial intelligence, machine learning, deep learning, neural network, algorithmic, or similar systems or technologies. We reserve the right to terminate your use of the Service or any related Website for violating any of the unauthorized uses.

C. Further Restrictions

Without our express prior written approval you shall not do any of the following: (i) post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services; (ii) use the Service to advertise or perform any commercial solicitation, including the solicitation of users to become subscribers of other on-line information services competitive with the Service; (iii) sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); (iv) make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Victorinox, its parents, subsidiaries, divisions, branches, affiliates, or any of our third party licensors; (v) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services. We reserve the right to terminate your use of the Service or any related Website for violating any of the unauthorized uses.

We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Service for any reason, at any time, without notice.

All rights not expressly granted to you are reserved by Victorinox, its parents, subsidiaries, divisions, branches, affiliates, and its licensors and other third parties. Any unauthorized use of any content or the Service for any purpose is prohibited.

6. Rights in User Contributions

A. User Content

We reserve the right, and you authorize us, to use all information regarding your use of the Service, meaning all content, including product reviews, testimonials, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein that comprise the content that you provide the Service, and all information provided by you in any manner consistent with our Privacy Policy (collectively, “User Content”). By submitting User Content to us, you automatically grant, or warrant that the owner of the User Content has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, unrestricted, unconditional, unlimited, and cost-free right and license to use, copy, record, reproduce, modify, adapt, publish, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, broadcast, translate, make derivative works of, distribute, and otherwise use and exploit in any manner whatsoever, all or any portion of User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, or incorporate User Content in other works in any form, media or technology now known or hereafter developed. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, adopt, publish in searchable format, and remove such User Content and combine it with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant that you have all necessary authority to do so. In order to further effect the rights and license that you grant to Victorinox to your User Content, you also hereby grant to Victorinox, and agree to grant to Victorinox, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use.

B. License in User Contributions

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “InteractiveServices”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, unrestricted, unconditional, unlimited, and cost-free right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including and consistent with all rights you grant to us with respect to your User Content as provided for in this Section. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (ii) you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments; and (iii) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.

C. Regulation of User Contributions

We have the right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service; or (v) terminate or suspend your access to all or part of the Service for any or no reason, including any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review material before it is posted on the Service and do not ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

D. Content Standards

The following content standards (“Content Standards”) apply to any and all User Content, including any and all User Contributions and use of Interactive Services. All User Content must comply with all applicable federal, state, provincial, territorial, local and international laws and regulations. Without limiting the foregoing, User Content must not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Nothing in this section or these Terms shall waive or limit the rights of California residents under California Civil Code Section 1670.8. As such, California residents retain their right to make lawful and truthful public statements, both positive and negative, about us, and/or our goods and services.

7. Linking to Our Sites

A Site may contain links to websites not maintained by us, such as third-party sites where you can buy our products. We encourage you to be aware of when you leave our Site, and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, privacy policies or websites, or for any other materials, products, or services of third parties.

We have not investigated, monitored or checked any of these third-party sites for accuracy, completeness, or conformance with applicable laws and regulations. The existence of a link between our Service and any other website is not, and shall not be, understood to be an endorsement by us of the other website or their non-Victorinox products.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made or your reliance in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If you decide to leave our Service and access these other websites, you do so at your own risk.

Except as provided in this Section, all links from your website to any and all of our Sites must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your website to our Sites which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of our Sites and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place our Sites in a frame within your website when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to our Sites via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access to, or information relating to our Sites, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us. To be clear, except as provided for by these Terms, linking to any page on our Sites is prohibited absent express written permission from Victorinox and framing, inline linking, or other association of our Sites (not provided for herein) or our Sites’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from our Sites is expressly prohibited.

8. Editing, Deleting and Modification

We have the right, in our sole discretion, but not any obligation, to refuse, modify or remove any material submitted to or posted on the Service and to terminate, change, or suspend (temporarily or permanently) any aspect of the Service (including an entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.

9. Indemnification

10. Purchases

A. Products, Specifications and Personalization

By placing an order, you represent that the products ordered are legal to possess/use where you intend to possess/use them and will be possessed/used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law. The inclusion of any products or services on the Service does not imply or warrant their availability at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we retain the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Service by any third party, including customers, manufacturers, distributors or suppliers of products and services sold through the Service. In addition, we may make changes to information about price, availability or other product attributes without notice.

We offer personalization for certain products. A “personalized order” refers to any order created and ordered via the “Victorinox Custom Program”. You are responsible and liable for ensuring that your personalization does not infringe any third party’s rights. You agree that, as part of your participation in product personalization, you will indemnify and protect us from responsibility and liability for infringement on third party rights relating to your participation. We are not responsible for any infringement of third party’s rights. You are fully responsible for the proper provision of personalization orders. It is strictly forbidden to use language that is coarse, discriminatory, racist, sexist or which glorifies violence. We reserve the right to cancel orders that are not in line with these provisions or that may cause harm to our brands, products or reputation.

B. Purchases Generally

To purchase any products or services sold through the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. You further represent that you are buying products or services from the Site for your own personal or household use only, and not for resale. By submitting credit card information to us or to our third-party credit card processor or service provider, you agree that you authorize us and/or our processor or service provider to charge your card/account at our convenience. For any product or service that you order on the Service, you agree to pay the price as displayed on the Site (including any sales taxes, shipping fees and surcharges), which are displayed in Canadian currency and are valid in Canada. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Prices are subject to change at any time without notice.

C. Methods of Payment, Credit Card Terms, and Taxes

All payments will be made through a method that is accepted at the time of payment by us or by our payment services provider. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed. Your card issuer agreement governs your use of your designated card or payment account, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a card holder. If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes, shipping fees and surcharges) at the rates in effect when the charges were incurred. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products, but you may have to provide payment for these amounts. We will charge the applicable taxes in effect at the time of purchase. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any state, province, territory or locality that we deem is required in accordance with our order policy in effect at the time of purchase.

D. Return Policy, Refund Policy, and Shipping Policy

All purchase transactions made through the Services are subject to our return policy and orders/shipping policy in effect at the time of purchase.

Our current Return Policy is as follows:

You can return any item ordered, other than a personalized order, from the online shop within 30 days of receipt. In the event you have received a damaged or defective item, please contact our customer care team immediately at (800) 442-2706.

Personalized orders may not be returned.

Any use or damage by you, or damage due to your improper repackaging, may result in further charges as necessary to place the returned items in a condition that will allow them to be resold; or cause our rejection of the returned goods.

Once you have completed the online return process, a return form will become available to print and enclose in your parcel sent with the delivery. Use this to return the goods free of charge. You should receive notification of a successful return after the warehouse has received and processed your request.

In order that we can process your return quickly, please note the following:

1. Complete our online return form 2. Always use the original product packaging 3. Label your package with our pre-paid UPS shipping label

Returned items must be accompanied by the original labels and fastenings, and should be in a state expected after normal usage in inspecting and trying on the product. We are unable to sell any returned items with a strong odor or other signs of use. We reserve the right to assert claims for compensation in such cases.

Our current Shipping Policy is as follows:

Please allow at least 48 hours for us to process and ship your order. For all personalized orders, please allow an additional 3-5 business days to build your product prior to shipping. Actual delivery time will vary based on shipping method. Returns are free of charge.

Your tracking information will be provided in your shipping confirmation email. Use this tracking information to track the shipment via our provided tracking page. Registered customers will find a link to the order tracking number under “My Orders.”

Please Note: Shipping estimates are subject to change without notice based on promotions, personalized orders, etc.

Shipping Limitations.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Service. All purchases from the Service are delivered to you by a third-party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for items purchased from the Service pass to you upon our delivery of the items to the third-party delivery company. You are responsible for filing any claims with carriers for damaged or lost shipments.

We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.

Damage during shipping is rare, but you should always check for evidence of damage or loss before signing for any shipment. Do not accept any shipment that has apparent damage until the carrier notes and acknowledges such damage in writing. Keep original packing materials until equipment has been fully examined in operation. You are responsible for filing all claims for damages directly with the carrier. If you experience problems with your shipment, please contact us at 1-800-665-4095.

We assume no responsibility or liability for shipping errors or shortages discovered or reported later than 30 days after receipt of shipment from the carrier.

Our current Refund Policy is as follows:

Refunds are subject to the above Return Policy and Shipping Policy. Victorinox will process your refund as quickly as possible. If after examination of your return there will be a credit in your favor, we will promptly refund the amount to the credit card used to complete the order. You should be notified about your successful return by e-mail. Please allow two billing cycles for this credit to appear on your credit card statement.

E. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or that the price or availability of an item has been confirmed. We reserve the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfill your order (in whole or in part). Your order will be deemed accepted by us upon our delivery of the products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (i) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (ii) we will not charge your card/account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive confirmation from us via email. As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received. We may refuse any order that is connected with a previous credit card dispute or previous apparent fraudulent activity. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.

We may require additional verifications or information prior to acceptance and/or shipment of any order. If we reject, limit, or otherwise modify your order, we will attempt to notify you via e-mail or phone call. If we cancel an order or any part of an order for which we have already charged you, we will refund the full amount of the canceled portion of the order. Please also review our Shipping and Return policies in the sections above.

F. No Responsibility to Sell Mispriced Products

We attempt to accurately describe every item, product or service offered on the Service. However, we do not warrant that specifications or pricing on the Service are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to revoke any stated price and to correct the error, inaccuracy or omission (including after a purchase has been made) or to refuse or cancel any orders in our sole discretion (including any accepted orders). If we charged your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order. If a product you purchased from us is not as described on the Service, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to our Return Policy above.

G. Modifications to Prices or Billing Terms

Purchases of products and services on the Service are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Service are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice (including after a purchase has been made). Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Service; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.

H. Offers and Discounts

Restrictions may apply for most promotional offers, such as coupons, vouchers and discounts. You must ensure that you review the full terms and conditions of the offer. Offers are not valid on previously purchased online merchandise, merchandise purchased through third parties, gift cards, taxes or shipping, and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Pricing, promotions and availability of offers may vary by store location, geographic area and customer. Limitations on availability of an offer in certain stores or areas may or may not be disclosed as part of the terms and conditions of the offer. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.

I. Order Cancellation

A cancellation on a Site is not possible. If you wish to cancel your order, please contact our Customer Service team immediately at 1-800-665-4095 or via e-mail (consumerinquiries.ca@victorinox.com) so we can determine whether cancellation is possible. If your order is already in order picking, a change or cancellation is not possible.

J. Other Terms and Conditions May Apply

Please review the Victorinox’s Terms and Conditions of Sale (English), as other terms and conditions may apply.

11. Access and Account Security

You may use the Service without registering an account, but creating an account makes purchasing easier, as it enables us to stay in contact with you. Your account is for your sole, personal use; you may not authorize others to use your account; and you may not assign or transfer your account to any other person/entity.

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with the Service or otherwise, including through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You must be at least 18 years of age and the age of legal majority in your place of residence in order to register with the Site or make any purchases. By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence.

If you choose, or are provided with an account user name, password and/or any other piece of information, which may be as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account, if any, is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You are responsible for all activity that occurs under your account and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We shall not be liable for any loss or damage arising from your failure to comply with these obligations. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including export laws) in using the Service; and (iii) use the Service solely in accordance with online user guides/instructions made available on/through the Service.

Victorinox may, in its sole discretion, terminate or suspend your access to the Service, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Victorinox under these Terms. Upon suspension or termination of your access to the Service, or upon notice from Victorinox, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

12. No Warranty and Disclaimer of Liability

A. No Warranty

All references on the Service to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in the Service constitutes an offer to buy or sell our products or services in any jurisdiction. The Service is for information purposes only.

THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND NONE OF US, OUR AFFILIATES AND OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES RELATING TO TITLE AND NON-INFRINGEMENT, (3) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, IN THE OPERATION OF THE SERVICE OR ANY PART OF IT, (4) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION, (5) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE SERVICE OR ANY INFORMATION PUBLISHED ON THE SERVICE, AND (6) WARRANTIES RELATING TO WEBSITES TO WHICH THE SERVICE IS LINKED, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED BY THE SERVICE, INCLUDING THE SERVICE ITSELF, MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE OR ANY INFORMATION OR MATERIALS PROVIDED AT THE SERVICE. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on the Service or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

B. Disclaimer of Liability

NONE OF US, OUR AFFILIATES, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS, LOSS OF DATA, LOSS CAUSED BY A VIRUS OR MALICIOUS CODE, LOSS OF GOODWILL, LOST SAVINGS, WASTED EXPENDITURES, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM YOUR USE OF OR INABILITY TO USE OR THE LACK OF AVAILABILITY OF THE SERVICE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (2) IS CAUSED BY VIRUSES OR MALICIOUS CODE THAT INFECT YOUR COMPUTER EQUIPMENT, DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS/MALICIOUS CODE CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) THE FEES PAID FOR A SPECIFIC PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE OR (II) TEN DOLLARS ($10).

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES, AND SERVICE PROVIDERS AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED $100 U.S. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.

YOU ACKNOWLEDGE THAT, GIVEN THE BUSINESS REALITIES ASSOCIATED WITH OPERATING THE SERVICE, WITHOUT THE LIMITATIONS THAT ARE SET FORTH IN THESE TERMS, INCLUDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE WOULD NOT MAKE THE SERVICE AND THE INFORMATION THE SERVICE PROVIDES AVAILABLE TO YOU.

13. Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitations

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.

For clarity, the use of the term “Section” in this Section, titled Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitations, unless otherwise specified refers to this Section and no other, and “Subsection” shall refer to the lettered sections within this Section. The term “Victorinox” in this Section and all of its Subsections shall mean Victorinox Swiss Army, Inc., its parents, subsidiaries, divisions, branches, and affiliates.

A. First - Try to Resolve Disputes and Excluded Disputes

If any controversy, allegation, dispute or claim arises out of or relates to the Service, including gift cards offered via the Service, any advertising or marketing communications regarding Victorinox or the Service, any products or services sold or distributed through the Service, the Content, your User Content, these Terms, any Additional Terms, or any other controversy, allegation, dispute or claim against Victorinox, its parent, and all of their related entities, regarding any interaction or transaction between you and/or Victorinox, whether heretofore or hereafter arising (collectively, “Dispute,” and including those actions set forth in Subsection (i)), or to any of Victorinox’s actual or alleged intellectual property rights (an “Excluded Dispute,” excepting any controversy, allegation, dispute or claim contemplated under Subsection (f)), then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current, then we have no obligation under this Subsection (a). Your notice to us must be sent via email to: consumerinquiries.ca@victorinox.com. The written description included in your notice must be on an individual basis and provide at least the following information:(a) your name and contact information (current mailing address, telephone number, and email address, and any other iterations thereof that are associated with the claim or dispute), (b) a description of the nature of the claim or dispute, (c) the date of any purchase, transaction, or interaction at issue, and relevant documentation or screen captures if available; and (d) the resolution and relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, Victorinox and you agree to negotiate about the Dispute or Excluded Dispute in good faith and in a timely manner, including through a mandatory informal telephonic dispute resolution conference between you and Victorinox, though nothing will require either you or Victorinox to resolve the Dispute or Excluded Dispute on terms with respect to which you and Victorinox, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, absent mutual agreement by you and Victorinox. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until the requirements of this Section are met. The parties agree that any relevant statute(s) of limitations and filing fee(s) or other deadlines will be tolled only during the sixty (60) day informal dispute resolution period. After this sixty (60) day period, the relevant statute(s) of limitations and filing fee(s) or other deadlines are no longer tolled (until filing is effectuated under Subsection (d)), but the foregoing informal dispute resolution process remains a condition precedent to commencing any formal dispute resolution proceeding. For U.S. residents, certain portions of this Section (Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitations) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Victorinox agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).

B. Binding Arbitration

If we cannot resolve a Dispute as set forth in Subsection (a), then ANY DISPUTE ARISING BETWEEN YOU AND Victorinox (whether based in contract, statute, regulation, ordinance, tort (including fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.

For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Victorinox and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Subsection below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Victorinox and you agree, however, that the applicable state, federal or provincial law, as contemplated in Subsection (j), shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Victorinox regarding these Terms and the Service or any other type of Dispute, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute IS NOT SUBJECT TO BINDING ARBITRATION and will only be subject to binding arbitration pursuant to this Section if the parties mutually agree.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association ("AAA")) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. You also understand and agree that mass arbitration disputes as defined in Subsection (d) will be adjudicated in accordance with the AAA’s Mass Arbitration Supplementary Rules. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then the parties may, but are not required to, agree to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures and, if applicable under Subsection (d), the JAMS Mass Arbitration Procedures and Guidelines, or by any other arbitration administration service that you and an officer or legal representative of Victorinox consent to in writing. To the extent that any arbitration rules and procedures are inconsistent with these Terms, you agree these Terms will prevail.

C. Arbitration Process

If the informal dispute resolution procedure set forth in Subsection (a) is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. The arbitrator will be either a retired judge, an attorney licensed to practice law in the state, province, territory or county in which you reside with at least ten (10) years of experience, or, if applicable, a licensed attorney that has been mutually agreed to by the parties in writing. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules and these Terms. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require Victorinox to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Victorinox will have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Subsection (d), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief may include arbitration fees and must be consistent with the terms of Section 12(b) of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues including those of arbitrability are for the arbitrator to decide, except that the issue of the existence of valid arbitration and class action waiver provisions between the parties is for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Victorinox will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

D. Special Additional Procedures for Mass Arbitration

If twenty-five (25) or more similar claims are asserted against Victorinox by the same or coordinated counsel or are otherwise coordinated, such claims are mass arbitration claims subject to this Subsection (d), and you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated batching process and application of the AAA Mass Arbitration Supplementary Rules and the Consumer Mass Arbitration and Mediation Fee Schedule. In the event an action in which twenty-five (25) or more similar actions as defined above are asserted against Victorinox and administered by JAMS as permitted in, and in accordance with, Subsection (b), you agree to the application of the JAMS Mass Arbitration Procedures and Guidelines. At the outset of such disputes, you and Victorinox agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the AAA Mass Arbitration Supplementary Rules, as well as disagreements concerning the validity, enforceability, and applicability of these Terms, and any other matters that the parties mutually agree to delegate. Should the Process Arbitrator determine that any or all cases may proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of a batching process. The remaining cases shall be placed in abeyance until they are selected to proceed to individual arbitration proceedings pursuant to this provision. During the batching process, you and Victorinox agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, Victorinox and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first batch of cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second batching process. The parties may, but are not required to, agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, Victorinox and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first two (2) batches of cases. If the parties have not resolved the remaining disputes at the close of the second global mediation, Victorinox or any individual claimant(s) whose demand has not been adjudicated may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or Victorinox wishes to proceed with the claim they may file an individual, non-class action in court. If Victorinox or any claimant(s) do not opt out, those remaining claims will proceed in arbitration in continued batches of one hundred (100) demands per batch (to the extent there are fewer than one hundred (100) demands outstanding, a final batch will consist of the remaining demands). In order to increase the efficiency of administration and resolution of arbitrations, and if consistent with the relevant rules and procedures, the arbitration provider shall: (i) designate a single arbitrator for each batch; and (ii) provide for a single filing fee due per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate. You agree to cooperate in good faith with Victorinox and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. Victorinox does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection (d). The statute of limitations and any filing fee deadlines shall be tolled for each demand subject to this Section from the time that the AAA filing requirements are satisfied with respect to that demand. If an arbitration demand is administered by JAMS as permitted by Subsection (b), the parties shall follow, or adhere as closely as possible to or to the spirit of, the foregoing processes to the extent authorized by law and the applicable rules. If any dispute arises between the general AAA Consumer or Commercial Rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. If any dispute arises between the general JAMS Arbitration Rules and Procedures and the JAMS Mass Arbitration Procedures and Guidelines, the JAMS Mass Arbitration Procedures and Guidelines shall control. To the extent that any arbitration rules and procedures are inconsistent with these Terms, you agree these Terms will prevail. A court shall have authority to enforce this Subsection (d) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.

E. Limited Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SUBSECTION A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Subsection (a); (b) filing for arbitration as set forth in Subsection (b); or (c) filing an action in state, Federal or provincial court.

F. Injunctive Relief

The foregoing provisions of this Section (Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitations) will not apply to any legal action taken by Victorinox to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Content and/or Victorinox’s intellectual property rights (including any that Victorinox may claim are in dispute), Victorinox’s operations, and/or Victorinox’s products or services.

G. No Class Action Matters

YOU AND VICTORINOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Subsection (d), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Subsection (b) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Subsection (h). Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Subsection), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of these Terms, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section shall be void except for the procedures and agreements set forth in Subsections a, e, f, h, and j. If any portion of this Section other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section.

H. Jurisdictional Issues

Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Fairfield County, Connecticut. Accordingly, you and Victorinox consent to the exclusive personal jurisdiction and venue of such courts for such matters.

I. Small Claims Matters Are Excluded from Arbitration Requirement

Notwithstanding the foregoing, either Victorinox or you may bring qualifying Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction. However, if such Dispute is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

J. Governing Law

These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of Connecticut without regard to any conflict of law provisions.

You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), Uniform Commercial Code, and the Uniform Computer Information Transactions Act (UCITA), and, as applicable, the local laws that may relate to them, are specifically excluded from application to this Agreement.

YOU ACKNOWLEDGE THAT, GIVEN THE BUSINESS REALITIES ASSOCIATED WITH OPERATING THE SERVICE, WITHOUT THE LIMITATIONS THAT ARE SET FORTH IN THESE TERMS, INCLUDING THE FOREGOING Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitations, WE WOULD NOT MAKE THE SERVICE AND THE INFORMATION THE SERVICE PROVIDES AVAILABLE TO YOU.

14. Limitations on Information

Reliance on the contents of the Service for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on the Service are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise). We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. However, we reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or inaccuracies, including errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.

15. Privacy Policy

Our Privacy Policy, as it may change from time to time, is incorporated by and a part of these Terms. By agreeing to these Terms, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy.

16. Marketing and Promotional Materials

If you are interested in receiving marketing, promotional, or other information about us and our activities, our Sites may allow you to enter your email address and/or phone number to subscribe to receive such communications. By submitting this information to us and consenting to receive these communications, you acknowledge, understand and agree that constitutes your request to us and your consent for us to send you marketing/promotional emails. As we make clear in our Privacy Policy, you can always opt out of receiving marketing/promotional emails or texts from us by using the unsubscribe features provided in the e-mails or texts, or by writing to us via the contact information set out in our Privacy Policy.

17. Copyrights and Copyright Agents

In operating the Service, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. We respect the intellectual property of others, and we ask you to do the same. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, please send us written notice that includes the following information: (a) A legend or subject line that says: “DMCA Copyright Infringement Notice”; (b) A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) A description of where the material that you claim is infringing is located on the Service; (d) Your full name, address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; (g) your electronic or physical signature, or if applicable, the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. Victorinox may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Victorinox may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following email or US Postal address:

Attn: Copyright Agent Victorinox Swiss Army Inc. 7 Victoria Drive, Monroe, CT 06468, United States

18. Information and Press Releases

The Service contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

19. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Other than as provided in these Terms, these Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this Site; and all provisions under these Terms that would continue by its terms or would naturally survive termination will survive. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

20. Legal Notice to New Jersey Residents

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) the Company’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) the Company’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

These Terms and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in New York, and shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Access to, or use of, the Service or information, materials, products or services on the Service may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to the Service outside of the jurisdiction of the business set forth under the copyright notice at the bottom of the home page of the Service and you are responsible for compliance with all applicable laws of the country from which you are accessing the Service. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against either party. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of these Terms be held invalid or unenforceable, the remaining portions of these Terms shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall control. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of the Service and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.

21. Privacy

Your privacy is important to us. Please visit https://www.victorinox.com/en-US/Privacy-Policy/cms/privacy-policy/ to review our Privacy Policy.

22. California Consumer Rights

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

23. General

A. Severable

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect, and the remainder of these Terms shall continue in full force and effect.

B. Assignment

You may not assign or otherwise transfer your rights, duties, or obligations hereunder without our prior written consent

C. Waiver

Victorinox’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Victorinox hereof will be deemed effective unless in writing.

D. Territory

The Sites are controlled and operated from, and are intended to be accessed from, within the United States or Canada. Victorinox makes no representation that the Sites, the Content, the Services, or other materials available on, in, or through the Sites are appropriate or available for use in locations outside the United States or Canada, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

E. Interpretation

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings are purely for reference and shall not limit or otherwise affect the meaning of any term or condition. A reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced. Where the context so requires or permits: the terms “hereof”, “hereunder”, and similar expressions refer to these Terms and not to any particular section or other portion hereof; where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”; and words importing the singular include the plural and vice versa and words importing gender include all genders.

F. Entire Agreement

These Terms, together with our Privacy Policy and Additional Terms, constitute the entire agreement between Victorinox and you with respect to your use of the Sites and the Services, and supersede all previous written or oral agreements relating to the subject matter hereof.

24. Contacting Us

If you have any questions regarding these Terms or any other matter, please click on the Contact Us link on the Service, email us at consumerinquiries.ca@victorinox.com, or call us Monday through Friday at 1-800-665-4095, between 9:00 AM and 5:00 PM (EST).We hope that you enjoy your visit to the Service and find it informative. Thank you.

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