Terms & Conditions

RESQSKI TERMS & CONDITIONS

 

Resqski has been designed and manufactured to ensure you can ski with peace of mind when it comes to losing your ski in the snow.  We want your whole experience of buying and using Resqski  – whether through an accredited retail partner or direct from us – to be a straightforward and enjoyable one.   However hard we try, problems sometimes do occur and this section lays out the terms and conditions of our business including product warranty, terms and conditions for Resqski website use and product purchases from the site, privacy policy.

 

1. PRODUCT WARRANTY

 

Resqski Ltd warrants to the original purchaser that the product shall be free from significant defects in material and workmanship for 2 years beginning on the date of purchase as shown on your receipt.  Should the product need to be returned it must be sent directly back to the original place of purchase to be processed.  Proof of purchase must accompany the returned product. If purchased direct from Resqski Ltd, a returns authorisation number is required (contact details on www.resqski.com) prior to the product being returned to Resqski Ltd.  Product must be returned by signed delivery in suitable protective packaging.  Without prejudice to your rights Resqski Ltd may replace a defective product or return your money.  No other warranties, express or implied are made.

 

WHAT THE WARRANTY DOES NOT COVER

 

This warranty does not apply to product that has been subject to abuse, misuse, negligence, tampering or has been modified in any way.   The Resqski tag in particular is crafted to withstand the normal submerged and bumpy conditions that every powder skier experiences.   It is deemed waterproof and shockproof.  However, it is not engineered to withstand a collision with another object such as a rock or another person’s ski.    The Resqski Handheld transceiver is not waterproof or shockproof and is not covered from failure to protect it from impact damage and moisture.

 

Resqski is designed to significantly reduce the time it takes to retrieve skis submerged in snow.  We do not guarantee that on all occasions you will find your ski.  In exceptional cases the ski may be buried too deep in compacted snow.  Very bad weather conditions including extremely low temperatures may prevent the product from working effectively.   Similarly certain terrains may work against the effective use of the product including very steep, rocky slopes where there are major obstacles to the line between the Handheld transceiver and the lost ski.  Also if batteries are allowed to run down (for instance if the tags are left in the ‘ON’ position for prolonged periods of time) this will shorten the range considerably or even make the product ineffective.    We therefore do not indemnify against the replacement cost of a lost ski.

 

Resqski is not designed to rescue people.  We do not accept liability for injury or loss of life.  Resqski Ltd will not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to Resqski Ltd, the retailer or otherwise.  Your statutory rights are not affected in any way.

 

2.  RESQSKI WEBSITE TERMS AND CONDITIONS

 

These terms and conditions apply to the use of the Resqski website and any sales of items made directly between Resqski Ltd and the end user.  By placing an order with us you are bound by these terms unless agreed otherwise in writing.

Definitions
“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and invoice. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for ‘he’ read ‘he or she’. “The site” and “our site” refers to our websites including www.resqski.com
General
These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company’s internal order will constitute the basis of the agreement. Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser’s order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). You should print out and retain a copy of those terms at the time at which you send us your order.

The Order


Descriptive and clerical errors are subject to correction. Orders must be placed by the issue of a valid purchase order or other written communication. Resqski reserve the right not to accept any customer order.   We will treat your order as an offer to buy and except for retail or mail order sales we will send you an email to confirm receipt of your offer. This e-mail this does not mean that your offer has been accepted. Certain products and offers may only be available to qualifying customers, for example in particular geographical areas.

Should we be out of stock of a particular item, we may offer the customer the option of an extended delivery period.

Prices & Quotations
All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process.  VAT, where applicable, has been added to the price of the products at the appropriate rate.  Unless explicitly requested, method of carriage will be at our discretion.  Any costs omitted or corrections on your invoice will be invoiced / credited later.  Please notify us promptly if you are not billed the correct amount and we will correct the error.  All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors.  If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order.  No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing.  The company reserves the right to correct any error or omission or quotation or invoice without prior notice.

Payment


We accept payment by cash, cheque, Visa and MasterCard credit and debit cards.  We reserve the right not to dispatch goods until your funds have cleared.  All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment is made by cheque that is returned unpaid, you will be liable for all reasonable costs incurred as a result.

Assignment
We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party.

Credit Checking & Validity
We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.

Retention of Title


All goods remain our property until such a time as they have been paid in full. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.

Reselling


If goods are resold without our written permission such sale will invalidate any non statutory returns policy that may be in force. Please contact us at service@resqski.com to find out more about becoming a Resqski reseller.

Delivery & Acceptance
In most cases, unless agreed otherwise, we dispatch using our preferred carrier.
Standard UK Delivery is normally made within 5 working days but no absolute guarantee can be given of this or any other delivery times. Where a premium service is requested (e.g. next day, AM delivery or Saturday) our liability extends only to a refund of the premium should the delivery not be attempted on time. Same-day dispatch is subject to the order being received earlier than that working day’s ‘cut off’ time but this may vary with workload or around holiday periods that you will be notified at the time of order. “Working day” is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. Deliveries may be made any time between 9am and 6pm. Our standard delivery service covers most parts of mainland UK. It is essential that someone will be at the delivery address to receive and sign for the goods.  You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the delivery document stating that the goods were received has been signed.  Failing such notice you will be deemed to have accepted that the products are in accordance with the contract and free from any defect or damage.

Carriage Rates


Our standard UK mainland handling & delivery is charged at £4.99 with expected delivery within 5 working days. This may be subject to change.

Transit Damage


Goods obviously damaged in transit must be notified to us within 48 hours of receipt.  Please keep all packaging as that may be required in the event of a claim.

Returns
This policy does not affect your statutory rights.

3. THREE MONTH MONEY BACK GUARANTEE

 

If you’re not happy with your product you can return it within 3 months of the original purchase date and we will send you a full refund.  The following conditions apply:

 

  • You are the original purchaser of the product
  • You purchased the product direct from our website.  If you purchased from a Resqski retailer you need to return the product to that store.
  • The product has not been abused or subject to unacceptable damage (see Terms & Conditions – Product Warranty for definition).
  • We will only return the original purchase price amount.  We will not pay for any postage costs that you have incurred.
  • Your statutory rights are not affected.

 

You should email service@resqski.com requesting refund under the ‘3 Month Money Back Guarantee’.   Let us know why you are unhappy with the purchase.  We will send you back a returns code number.    You should then return the product to us quoting the Returns Code to:  CUSTOMER SERVICE, RESQSKI LTD, PO BOX 126, EMSWORTH  PO10 9DA UNITED KINGDOM.  You need to provide the original receipt or copy of it together with the product.  We will accept returns without the tag bases.

 



Force Majeure
Whilst we will use our reasonable endeavours to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with English law.

 

4. PRIVACY POLICY

This privacy policy sets out how we use and protect any information that you give when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Resqski Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from October 3rd 2012.

What we collect

We may collect the following information:

Name and job title
,  contact information including email address
 demographic information such as postcode, preferences and interests
, other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping. –  We may use the information to improve our products and services.
  We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We may use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and these sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
 if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at admin@resqski.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties that we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information that we hold about you under the Data Protection Act 1998.  A small fee may be payable.  If you would like a copy of the information held on you please write to Resqski Ltd, PO Box, Emsworth, Hampshire PO10 7TP England.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address or service@resqski.com.  We will promptly correct any information found to be incorrect.