Terms and Conditions of Sale

By proceeding to purchase from Kingswood Skis Limited (“the supplier”) you (“the customer”) acknowledge you have read and accepted the following terms and conditions.

WARNING: Skiing is DANGEROUS. By use of the supplier’s products you agree to be responsible for the correct and proper use of the product and that you have the skill and experience required to use the products correctly. The customer ACCEPTS ALL RISKS inherent in skiing, including those of personal injury, paralysis or death. The products are designed for snow skiing only, have limitations and must not be used for any other purpose. Improper use or misuse INCREASES THE RISKS. You acknowledge that the use of the supplier’s products is entirely at your own risk.

1. Warranty

1.1 The supplier warrants to the customer that of its products are free from material defects in workmanship under normal use and service for two (2) years after the original purchasing date. The supplier will repair or replace any product deemed to be defective, in the supplier’s sole judgement. In the event the product is repaired or replaced the products under this warranty are warranted only for the remainder of the original warranty period. No claims shall be allowed for any product that has been altered, abused, or used in any manner inconsistent with the reasonable and intended use of the product.

1.2 Any costs of transporting the products both to the supplier’s premises or from the supplier to the customer, are solely for the customer whether the product is defective or not.

1.3 This limited warranty only covers the product in the form in which it is sold to the original purchaser and does not cover cosmetic blemishes, cuts or scratches incurred under normal use. This warranty excludes the following: damage due to normal wear and tear; impact damage due to skiing on any material not made of snow including rocks, handrails & all other man-made obstacles, damage resulting from lack of maintenance; damage resulting from im- proper mounting or use of the product; and damage resulting from modifications made to the product.

2. Limitation of Liability

2.1 Under no circumstances, including negligence, shall the supplier be liable for any incidental, special, indirect or consequential damages arising out of or relating to the use of the products, even if the supplier has been advised of the possibility of such damages.

2.2 The total liability of the supplier for any loss arising from any defect or non-compliance of the products or any other breach by the supplier will not in any circumstances exceed the price paid by the customer.

2.3 The customer will hold the supplier harmless against any claim by the customer’s servants, agents or other persons in respect of any loss arising from any defect in or non- compliance of the products or in respect to any other matter whatsoever.

2.4 Other than expressly provided in these terms and conditions, no warranty, condition or guarantee either express or implied is given by the supplier as to the quality, state or condition of any products or as to their appearance, content or fitness for any particular purpose.

3. Risk and Delivery

3.1 The customer acknowledges that 50% of the total purchase price is payable on ordering the supplier’s product with the balance payable on the customer receiving email or telephone confirmation that the supplier’s product is ready to be dispatched. Products will only be dispatched/made available for collection on full payment having been received.

3.2 The supplier is not responsible for delays in delivery of the products.
3.3 Unless otherwise agreed, the delivery point will be on the supplier’s premises. 3.4 Risk in products supplied will pass to the customer at the delivery point.
4. Statutory Exclusions

4.1 The Supplier will honour its obligations owed to the customer pursuant to the guar- antees contained in the Consumer Guarantees Act 1993. If the Consumer Guarantees Act 1993 (New Zealand or such other reciprocal consumer or product legislation in other jurisdictions) (the “Act”) would otherwise apply to your use of the products and you are using the products for business purposes (or holding yourself out as using the products for business purposes), you agree that the provisions of the Act will not apply, to the extent contracting out is permitted by the Act.

4.2 To the fullest extent permitted by law all statutory rights and protections are exclud- ed or waived by the customer unless expressly stated otherwise in these terms and conditions.

5. Intellectual Property

5.1 All copyright, trademarks, designs, patents and other intellectual property rights (registered and unregistered) in and to the products (including but not limited to intellectual property rights in the products and any images, photographs, drawings, patterns, shapes, text or colours incorporated into the products) are owned by and shall remain vested in the supplier.

5.2 Nothing in this the supply of the products or these terms and conditions shall be construed as conferring you any licence or right to use any intellectual property rights of the supplier or any third party.

6. Governing Law and Jurisdiction

Each party hereby irrevocably agrees that any controversy or claim of whatsoever nature arising out of or relating to the product or breach by the supplier shall be governed by and construed according to the laws of New Zealand and that the Courts of New Zealand shall have exclusive jurisdiction to resolve any such controversy or claim.

7. Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
      To allow us to better service you in responding to your customer service requests.
      To administer a contest, promotion, survey or other site feature.
      To quickly process your transactions.
      To send periodic emails regarding your order or other products and services.
      To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use ‘cookies’?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

 

Third-party links
We do not include or offer third-party products or services on our website.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

 

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
      On our Privacy Policy Page
Can change your personal information:
      By emailing us
      By calling us
      By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
      Within 7 business days
We will notify the users via in-site notification
      Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      Send information, respond to inquiries, and/or other requests or questions
      Process orders and to send information and updates pertaining to orders.
      Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
      Not use false or misleading subjects or email addresses.
      Identify the message as an advertisement in some reasonable way.
      Include the physical address of our business or site headquarters.
      Monitor third-party email marketing services for compliance, if one is used.
      Honor opt-out/unsubscribe requests quickly.
      Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
      Follow the instructions at the bottom of each email.

info@kingswoodskis.com and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

kingswoodskis.com
14 Nowich Quay

Lyttelton, Canterbury 8082

New Zealand
info@kingswoodsksic.om
Last Edited on 2017-05-25