Terms and Conditions
TERMS AND CONDITIONS OF USE AND SALE
- Orders can be placed in the following ways:
- online via this website (https://www.goneskiing.com)
- by telephoning +27 (011) 705 2815
- When you place an order for a product (“product”) in either 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 stock 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 let you know by email and offer you an alternative product or updated lead time.
- 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 https://www.goneskiing.com and includes VAT at 15%.
- We always try to ensure that the prices on https://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 with which you supply us.
- You will then have 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 quoted on https://www.goneskiing.com are in ZAR (South African Rands)
- When purchasing from 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.
- Customers from outside RSA 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.
- Payment for your order must be received before it is delivered.
- You can pay using;
- credit card
- gift voucher
- electronic bank transfer
- If your delivery address is outside the RSA and you order online you must pay by credit card.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
- Transaction currency is ZAR (South African Rand).
- Payment for orders using a credit card (VISA, MasterCard, Diners Club or American Express) can only be processed online.
- 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 undertake security checks to confirm that it is you making the order.
- 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 website. Users may go to www.vcs.co.za to view their security certificate and security policy.
- 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 vcs.co.za
- All order details and invoices will be sent to the credit card billing address and not to the delivery address (should the addresses differ).
4. Gone Skiing Gift Vouchers
- Gift vouchers must be redeemed online at https://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 recipient’s 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
- Coupons and Gift Cards cannot be exchanged or refunded for cash or credit.
- Coupons are issued at the discretion of Gone Skiing and we are entitled to correct, cancel or reject a Coupon for any reason and at any time (including without limitation where a Coupon has been distributed in an unauthorised manner).
- While we try to keep https://www.goneskiing.com as up-to-date as possible, we cannot guarantee that a particular product will always be available.
- If we cannot supply a product you will not be charged for it and we will refund or 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.
6. Privacy and Data Policy
- Gone Skiing will 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) – Available for download here
- When you place an order, we may ask you for certain information and you may submit personal data to https://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.
- 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.
7. Gone Skiing’s Responsibilities
- Gone Skiing takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. https://www.goneskiing.com has attempted to provide the descriptions (including all pictures) of the products as accurately as possible, but you should check the dimensions stated on https://www.goneskiing.com or contact us for exact sizes.
- Gone Skiing will 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 https://www.goneskiing.com on an “as is”, “as available” basis and makes no promise that the use of the https://www.goneskiing.com website 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 website may from time to time contain links to other websites 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 goneskiing.com 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. Gone Skiing is not involved in the manufacture of products and will not advise on their use or operation or the manufacturer’s 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 on the https://www.goneskiing.com website;
- any interruptions to or delays in updating the https://www.goneskiing.com website;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of https://www.goneskiing.com or any product purchased through the http://www.goneskiing.com website;
- any loss or damage resulting from your use or the inability to use the https://www.goneskiing.com website 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 https://www.goneskiing.com, or from transmissions via emails or attachments received from https://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 https://www.goneskiing.com link and websites 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, website or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
8. 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.
- Copyright extends to the design, look and feel of the https://www.goneskiing.com website, all photographs on it and its marketing materials.
- You may use https://www.goneskiing.com for private and personal non-commercial use only – i.e. to view, copy and print portions of https://www.goneskiing.com for the sole purpose of placing orders. The materials on https://www.goneskiing.com may not be used for any other purpose.
- 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 https://www.goneskiing.com belong to their respective owners.
9. Proprietary Information and Limitations of Use.
- https://www.goneskiing.com contains proprietary information that includes copyrighted, trademarked, and other content which is protected by law. Gone Skiing 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 website, or through any other service or commercial endeavour without Gone Skiing’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.
10. Marketing Communications
- If you have used the https://www.goneskiing.com website before, or have ordered products from https://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) as to 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 https://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.
- https://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. Please therefore check the relevant box where requested.
- In order to improve our service and the https://www.goneskiing.com website, 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 https://www.goneskiing.com before) is recorded on your hard drive and used by us to improve https://www.goneskiing.com and the products and services available to you.
12. Your Privacy
- Gone Skiing may change or withdraw any part of https://www.goneskiing.com, or may refuse you access to the website 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 the https://www.goneskiing.com website 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 https://www.goneskiing.com at the South African market, we cannot guarantee that it accords with local laws of any other countries.
- Use of the https://www.goneskiing.com website and these terms are subject to the laws of South Africa and the jurisdiction of the South African courts.
- Gone Skiing may, in its sole discretion, change this agreement or any part thereof at any time without notice.
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
Telephone: +27 (0)11 705 2814
Fax: +27 (0)11 467 5518
Company Registration no. 2002/081164/23