Terms and Conditions
TERMS AND CONDITIONS OF USE AND SALE
Effective July 11, 2014
Shopping with Gone Skiing
- You can Order Products in the following ways:
1. online via this web site
2. by telephoning (011) 705 2815
- When you place an Order for a Product in any of the ways described above (“Order”) you are offering to buy it for the price stated, subject to these Terms.
- When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
- Gone Skiing may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
- All new Orders are deemed separate and each is treated individually.
- The price for each Product is shown on Http://www.goneskiing.com and includes V.A.T at 14%.
- We always try to make sure that the prices on Http://www.goneskiing.com are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
- You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery options you choose.
- If you order online but pay other than with a credit card, or order in any other way, please contact us for details of the postage cost.
- Prices are quoted on Http://www.goneskiing.com in ZAR (South African Rands) – outside the RSA your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in ZAR Rands and Gone Skiing cannot be held responsible for any loss due to exchange rate fluctuations.
- Non-RSA customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be – please consult your local customs office for more information.
- You must pay for your Order before it is delivered and you can do so by credit card, gift voucher or by bank transfer into Gone Skiing’s bank account, the details of which will be provided on request.
- If your delivery address is outside the RSA and you Order online you must pay by credit card.
- Orders may be processed online, or by telephone, using a credit card (currently VISA, MasterCard, Diners Club or American Express). We aim to debit money from your account within one working day after receiving your Order.
- If your delivery address is outside the RSA and you order online you must pay by credit card.
- To ensure that shopping online is secure, your credit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
- Your credit card company may also do security checks to confirm it is you making the Order.
- All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.
Credit Card Acquiring and Security
Credit card transactions will be acquired for Gone Skiing by Virtual Card Services (Pty) Ltd. who are the approved payment gateway for Nedbank. VCS use SSL3 and no credit card details are stored on the web site. Users may go to www.vcs.co.za to view their security certificate and security policy.
Customer Details Separate From Card Details
Customer details will be stored by Gone Skiing separately from card details which are entered by the client on VCS’s secure site. For more detail on Virtual Card Services refer to www.vcs.co.za
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
Gone Skiing takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this web site, customer service and support, dispute resolution and delivery of goods.
Gone Skiing may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Gone Skiing Gift Vouchers.
Gift vouchers must be redeemed online at Http://www.goneskiing.com or by phone within 1 year of purchase and cannot be used for Orders already placed.
If the value of the Order exceeds the value of the Gone Skiing gift voucher, the balance must be paid by credit card or direct bank transfer to the account of Gone Skiing
Unused balances will be held within the recipients voucher for the same period.
If you have received a promotional gift voucher from Gone Skiing, only one such Gift Voucher may be redeemed per purchase.
Specific Terms and Conditions apply to the sale and use of Gone Skiing Gift Vouchers
We try to keep Http://www.goneskiing.com as up to date as possible but cannot guarantee that particular Product will always be available. If we can’t supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.
- Gone Skiing delivers to destinations inside and outside the Republic of South-Africa.
- You will be notified of the delivery costs automatically before you submit your credit card details.
- If your Order is made online but you do not pay by credit card or thegadgetshop.co.za gift voucher, or if you Order in any other way, please contact us for details of the delivery charges prior to Ordering.
- Delivery outside the Republic of South-Africa may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should contact you by telephone once your Products are in customs to let you know the charge due or else you should consult your local customs office. Unfortunately we cannot advise you what these charges will be and Gone Skiing is not responsible for them.
- Gone Skiing aim to deliver Products to destinations anywhere in South-Africa within 7 days in most circumstances however delivery times cannot be guaranteed.
- Orders are despatched either by recorded delivery (3-4 day South-African post service) or by our 24-Hour Courier Service. Our couriers require a signature and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your Products between these hours.
- We will make every effort to deliver within the time stated on Http://www.goneskiing.com web site, but we will not be liable for any loss caused to you by late delivery.
- If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible, or if you wish you may cancel your Order and we will refund the money you have paid.
- Please Order from Http://www.goneskiing.com with enough lead-time to prevent any loss or disappointment resulting from the delivery time as Gone Skiing will not be held responsible for this.
- This does not affect your statutory rights as a consumer.
Copyright and Trade Marks
- Gone Skiing does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
- The copyright in Http://www.goneskiing.com and the content of all the software, web site and pages relating to the GForm web site is owned by, or licensed to Gone Skiing, unless otherwise specified and may not be used, copied or altered without our express consent.
- Copyright extends to the design, look and feel of Http://www.goneskiing.com web site, all photographs on it and its marketing materials.
- You may use Http://www.goneskiing.com for private and personal non-commercial use only – i.e. to view, copy and print portions of Http://www.goneskiing.com for the sole purpose of placing Orders. The materials on Http://www.goneskiing.com may not be used for any other purpose.
- Gone Skiing logos are trade names or trade marks of Gone Skiing and may not be used by anyone else without our express permission. Gone Skiing is a registered trademark in the name “Boardriders Asylum” and we are also the owners of unregistered trade mark rights in them.
- However, Gone Skiing does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on Http://www.goneskiing.com belong to their respective owners.
Proprietary Information and Limitations of Use.
Http://www.goneskiing.com contains proprietary information that includes copyrighted, trademarked, and other content which is protected by law. G-Form hereby grants you a limited personal use license to access, display and view portions of the Site solely for your own personal and non-commercial use; provided, however, that in order for the preceding sentence to apply, and for such license to remain valid and not be automatically terminated without notice to you (which you hereby consent to by your agreement to these Terms), any such content is not modified or pirated, all proprietary notices are kept intact, and all terms and conditions set forth herein are complied with. You may not reproduce, publish, translate, merge, sell, rent, or distribute the content provided on this Site, including, but not limited to, text, images, logos, algorithms, and software code. The foregoing may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You are further prohibited from creating a derivative work of the content of this Site on any other web site, or through any other service or commercial endeavour without G-Form’s express written permission. You may not frame or utilize framing techniques to enclose any content on this Site. You agree that you will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising, or in any way making up a part of, the Site or the Service. Any violation of this provision may be prosecuted to the fullest extent of the law.
Privacy and Data Policy
Gone Skiing shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) – Avialable for download here
When you place an Order, we may ask you for certain information and you may submit personal data to Http://www.goneskiing.com (for example your name, phone number, postal address, email address, contact and bank / credit card details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:
- By making an Order and submitting your data you agree to this use.
- From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.
- We will never collect sensitive information about you without your explicit consent.
If you have used the Http://www.goneskiing.com web site before or have Ordered Products from Http://www.goneskiing.com before it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us or other reputable companies to contact you about future offers, events and new Products or related activities that you may find useful. We will not bombard you with emails, but we’d like to keep you informed of the developments on Http://www.goneskiing.com.
We do not sell, trade or rent your personal information to other companies but from time to time we may want to share data with other reputable companies both within and outside the Republic of South-Africa who may have interesting offers and information for you.
Http://www.goneskiing.com will not send you any marketing emails or pass your information on to third parties unless you give us your consent, or unless we have it already.
Where requested please therefore check the relevant box marked.
In Order to improve our service and Http://www.goneskiing.com web site, we may use a device known as a ‘cookie’. Cookies are a means by which information relating to your Internet activity (such as whether you have visited Http://www.goneskiing.com before) is recorded on your hard drive and used by us to improve Http://www.goneskiing.com and the products and services available to you.
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible.
We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if a Product arrives damaged or with defects, or is not what you Ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Product to us at the postal address below within 21 days of receipt provided the goods are in the original packaging and a proof of purchase is presented.
In these circumstances we will also pay you the cost of the return postage. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.
For help with items later than 7 days after your initial purchase please email us for more information.
This does not affect your Statutory Rights.
Returning Unwanted or Faulty Products
The provision of goods and services by Gone Skiing is subject to availability. In cases of unavailability, Gone Skiing will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15% administration fee. Please contact us by telephone (on +27 (0)11 705 2814) or email (email@example.com) to inform us of your wish to return Products. We may allocate you with a Returns Code which should be included with the package to improve processing of your return. We may also advise you how to send the item back to us. Occasionally items may have to be picked up by a courier service. Otherwise, please use a secure delivery method which requires a signature upon receipt and return to:
Showrooms On Leslie
Crn William Nicol and Leslie Road
You will be responsible for the returned Products until they reach us.
Unwanted Goods – Custom-made and High Value Products
Due to the bespoke nature of custom-made products we offer our usual 7 Day Money Back Guarantee on unwanted goods.
In the case of high value items in excess of R3000.00 the usual money back guarantee is limited to 7 days and you shall be responsible for the cost of return within 7 days of receipt.
This does not affect your statutory rights.
The Gone Skiing Responsibilities
Http://www.goneskiing.com has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on Http://www.goneskiing.com or contact us for exact sizes.
Gone Skiing shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Gone Skiing will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet, Gone Skiing provides and maintains Http://www.goneskiing.com on an “as is”, “as available” basis and makes no promise that use of Http://www.goneskiing.com web site will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our web site may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use thegadgetshop.co.za in breach of these terms you will be liable to and will reimburse Gone Skiing for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Gone Skiing’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Gone Skiing will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. The Gone Skiing is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer’s guidelines. You are urged to use all Products safely and in accordance with the manufacturer’s guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Gone Skiing excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Gone Skiing and Gone Skiing shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information Http://www.goneskiing.com web site;
- any interruptions to or delays in updating Http://www.goneskiing.com web site;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Http://www.goneskiing.com or any Product purchased through Http://www.goneskiing.com web site;
- any loss or damage resulting from your use or the inability to use the Http://www.goneskiing.com web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading content from Http://www.goneskiing.com, or from transmissions via emails or attachments received from Http://www.goneskiing.com or its licensees and affiliates;
- the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties (“External Sites”) to which Http://www.goneskiing.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
Gone Skiing may change or withdraw any part of thegadgetshop.co.za, or may refuse you access to the web site at any time if we consider it necessary.
Gone Skiing may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Http://www.goneskiing.com web site upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Gone Skiing‘s other rights.
Gone Skiing acts as principal on its own account and not as agent for you or any other person.
If Gone Skiing does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Gone Skiing ‘s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Gone Skiing and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming Http://www.goneskiing.com at the South-African market, we cannot guarantee that it accords with local laws of any other countries.
Use of Http://www.goneskiing.com web site and these terms are subject to the laws of South-Africa and the jurisdiction of the South-African Courts.
Visit our Retail Shop at the following address:
Showrooms On Leslie
Crn William Nicol and Leslie Road
If you would like help when Ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at firstname.lastname@example.org.
By post at:
PO Box 407
Telephone: +27 (0)11 705 2814
Fax: +27 (0)11 467 5518
Showrooms On Leslie
Crn William Nicol and Leslie Road
Company Registration no. 2002/081164/23