Any reference to Company/Seller shall mean Smiffski,a Sole Trader of 3 Spring LAne, Bidborough, Tunbridge Wells, Kent. TN3 0UE who service, sell or supply new and used winter sports equipment, clothing and accessories in the course of their trade or business.
Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
SHIPPING - FOR YOUR SECURITY
We may undertake additional security checks before shipping goods to you. This is for our customer's protection from any potential fraud, and thank you for your understanding.
GENERAL
A) "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
B) These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.
C) The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
GUARANTEES
All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS UPON LIABILITY
A) Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
B) Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.
C) Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
D) "Competition" goods are supplied for specialist use and are subject to extreme wear and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall be limited to that of the manufactures guarantees. It is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
E) Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
F) No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
G) The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
H) Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
I) SALE OF SKIS: The sale of skis online is subject to the understanding that it is the end users responsibility to ensure the ski binding is correctly set to the end user’s ski boot. The seller requests data from the person placing the order and can only set the binding based on the data given. THE SELLER WILL ADVISE YOU if they cannot set the binding and ask for your confirmation by email or verbally that this is understood. The seller cannot accept any liability for incorrect binding setup if the data given to us is determined to be incorrect AND that the set-up guide instructions have not been followed before using the skis.
Skis that have had the bindings DRILLED and mounted are effectively determined as used, as they have been set to your specific boot sole length and therefore we cannot subsequently resell them. We can refund skis on a rail based system as these can be reset.
TITLE AND DELIVERY
A) Title to the product shall not pass to the buyer until the company has received payment in full and when the goods have been delivered to the buyer. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
B) All times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 14 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
C) The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY
A) A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within fourteen working days from the day after delivery of the goods. Cancellation of the contract can be effected by service of the Cancellation Notice annexed to these Terms and Conditions signed on behalf of the buyer and delivered either by telephone 07736 672051, email to sales@smiffski.co.uk
B) If a Notice of Cancellation is received by the Company in accordance with clause 23 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company preferably in their original packaging (and without having been installed or used) and at the consumer buyer's sole expense.
C) If the consumer buyer fails to return the goods within 14 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any direct costs involved in such collection from the consumer buyer.
D) The Company shall effect a refund of any monies owing to the consumer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which the Company is entitled under clause 25.
E) Goods delivered to the buyer may be returned to the Company preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 30 days from the day after delivery of the goods.
F) The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
