These Terms and Condition of Sale ("Terms of Sale") apply to the purchase and shipping of Goods through our Website. Please read these Terms of Sale carefully before placing an Order. By confirming that you have read and accepted these Terms of Sale when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms of Sale.
If you need further information, are unable to understand or have any questions about these Terms of Sale, please refer first to the Information Station and if you still have doubts or you do not find the proper answer there, please contact us using the contact information in the About Us section.
A copy of this Terms of Sale can be stored electronically or printed by all users of our Website.
All Goods are shipped from our warehouse in Jay, Maine, USA.
1. INFORMATION RELATING TO GOODS
We will make reasonable efforts to ensure that the information about Goods is accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods, or that Goods will always be available if you wish to place an Order to purchase them. None of the material contained in our Website is to be relied upon as a statement or representation in relation to Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact information in the About Us section if you need any further information about Goods.
We reserve the right, at any time and without notice, to modify the information about Goods displayed on our Website, including without limitation information on prices, description and availability of Goods. However, changes to price, availability or description of any Goods will not affect Orders submitted by you which have already been accepted by us in accordance with Clause 2 below.
The foregoing will not affect your statutory rights.
2. HOW DO I PLACE AN ORDER To place an Order you must be 18 years of age or over. To place an Order you will have to select the Goods on the Website, select your preferred shipping method and, at your discretion other optional services and click on the "Add to Cart" button. Before completing the check-out procedure you will be requested either to register for or log into your personal account. You can, if you prefer, checkout without registering, but you will be required to provide the necessary personal and payment data to process the Order.
If you have any problems during the placement of an Order or if you are not sure whether or not your Order made through the website has been finalized, contact us.
When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:
(i) You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address; or fraudulent information;
(ii) There is an error on our Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website;
(iii) The Goods that you have ordered are no longer available through our Website; or
(iv) We believe that you are under the age of 18.
We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after we started to process it.
If we cannot accept your Order we will contact you by email or telephone as soon as possible but in any case no later than 30 (thirty) days from the date of your Order. If we cannot accept or perform your Order because the Goods are no longer available, or because of an error in the prices and/or other information about the Goods for which you have placed an Order, we will contact you and suggest alternative products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Goods we cannot supply and refund to you any money that you have paid to us in respect of those Goods.
If you have placed the Order through the Website you will receive an e-mail confirming receipt of your Order, containing the relevant details of your Order (such as quantities, price, shipping terms). Please note that this e-mail does NOT constitute an acceptance of your Order. Unless you cancel your Order, your Order will be accepted and the contract between us and you will be concluded only when we dispatch the Goods. At such time you will receive an Order Shipment Confirmation e-mail informing you that we have dispatched all, or a part, of the Goods covered by your Order.
Orders can be cancelled at any time before being processed by us. If you wish to cancel your Order please contact us using the contact information in the About Us section. We will not accept orders cancellation made in any way other than that listed above. Once your Order has been processed you may only exercise your right of withdrawal according to the procedure under Clause 8 below.
3. WHAT HAPPENS IF GOODS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Goods displayed on our Website are always accurate. However, when you place an Order certain Goods may be out of stock.
If we are unable to send you the ordered Goods within 30 (thirty) days from the date of your Order, we will cancel your entire Order and refund to you the cost of the Goods. Nothing in these conditions will reduce your statutory rights relating to faulty or inaccurately described goods.
4. OUR PRICING POLICY
The prices of the Goods are indicated on our Website and will be confirmed in the Order Confirmation we will send to you via e-mail.
Delivery costs may apply to your Order as indicated on our Website at the time you submit your Order. Delivery costs will depend on the value of your Order and your required shipping method.
We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent to you an Order Confirmation.
If we find an error in the price of Goods you have ordered, we will inform you as soon as possible by e-mail or telephone and we will offer you the option of reconfirming your Order at the correct price or cancelling your Order. If you cancel the Order, we will refund or re-credit you for any sum that has been paid by you.
5. HOW CAN I PAY
You may pay for your Goods by credit or debit card. We accept most payment cards, such as Visa, Master Card, Discover Card, American Express and PayPal. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is received by us. We will not accept your Order, neither will we supply the Goods to you until your credit or debit card issuer has authorized the use of your card for payment of the Goods ordered. If we do not receive such authorization we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by "Payflow Pro", a secure online gateway that will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries we believe to be at high fraud risk.
If you are paying by PayPal you will be asked to log in to your account with your email address and password to confirm the payment. If you do not have a PayPal account you can still pay with PayPal up to a maximum of 10 times and will be asked to enter personal data and credit card details. Your Goods will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
We will send the Goods to you at the delivery address indicated on your Order Confirmation. We may, however, only send documents by e-mail to the e-mail address which you provided at the time of making the Order.
6. WHEN ARE GOODS DELIVERED AND HOW CAN I TRACK MY ORDER
Delivery will be made by standard or express courier at your choice during normal business hours. Upon delivery of the Goods to our carrier we will send you an Order Shipment Confirmation email.
We will make any reasonable efforts to deliver the Goods within the delivery time specified in our Delivery Terms and Conditions. However, any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.
Title to and risk of loss in your Goods will pass to you on delivery.
You can check the current status of your Order by clicking on the link included in your Order Shipment Confirmation email.
7. HOW TO RETURN GOODS
We hope you are delighted with your purchase from Ski Depot / Race Skis / Swix Shop however we understand if you wish to return any or all of the items. Goods which were supplied in error, were incomplete, damaged or faulty, or if you have just changed your mind, can be returned to us using the process found on our Returns and Exchanges page.
8. YOUR RIGHT OF WITHDRAWAL
If you have received the ordered Goods and are not satisfied with any of them or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 30 (thirty) calendar days of delivery of the Goods, provided that you return the Goods to us according to the procedure indicated on our Returns and Exchanges page.
Please note that while the Goods remain in your possession you are under a duty to ensure that the Goods are kept safe, secure and in good condition.
9. OUR LIABILITY TO YOU
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
(i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee.
The above provisions shall apply accordingly to our liability for futile expenses.
You shall be obliged to take adequate measures to avert and reduce damages.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, nor your right of withdrawal as per Clause 8 above.
10. HOW YOUR PERSONAL DATA ARE PROCESSED
11. USE OF THE WEBSITE
12. CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms of Sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of 2 (two) weeks, you will be entitled to cancel the Order, and a refund will be made in accordance with Clause 8 of these Terms of Sale.
13. APPLICABLE LAW
These Terms of Sale are governed by the laws of United States excluding the UN Convention on the International Sale of Goods.
14. RESALE / RESHIPPING OF OUR MERCHANDISE
We constantly monitor the quality of the Goods that we offer to our customers in order to guarantee constant customer satisfaction. Our Goods are only distributed in our and our authorized resellers' stores. You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Goods. We reserve the right to refuse to accept your Order, if we suspect that you intend to resell our Goods.
15. CONTACT US
If you have any questions about these Terms of Sale, our Goods or your Order, contact us using the contact information in the About Us section.
16. GENERAL TERMS
Neither our failure nor your failure to enforce any term of these Terms of Sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
In these Terms of Sale: