Terms and conditions
Date last amended 29th June 2008These Terms & Conditions together with the Privacy and Security Policy and the Delivery and Returns Statement govern the use and/or the purchase of any goods from the X-Ware website located at www.x-ware.co.za. Please read these terms and conditions of use carefully before you accept them. Do not use the site if you do not agree to be bound by these terms. Your acceptance of these terms and conditions shall be indicated when you make use, access or browse the website and/or place an order through X-Ware. X-Ware may at any time modify any of the terms and such modification will supersede and replace any previous term. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms & Conditions.
Description Of Goods And Services
X-Ware is a business in the alternative sport industry that specializes in selling and distributing extreme sports equipment and apparel.
Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, X-Ware makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. X-Ware reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
Disclaimers and Exclusions of Liability
You understand and agree that your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. X-Ware and any of its partners make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. X-Ware does not warrant that this website, its servers, or e-mail sent from X-Ware are free of viruses or other harmful components. To the fullest extent permitted by applicable law, X-Ware disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Some of the products sold on this website are used in dangerous activities that could cause serious damage, injury, or death. To minimize the chance of injury stay within your abilities and always wear appropriate protective equipment. The use of any product bought from X-Ware is at the purchaser’s risk. The purchaser/user indemnifies and holds X-Ware harmless against any loss, injury, damages or death which may be sustained as a result of using the products sold on the Website.
Prices quoted include VAT and are valid only within the Republic Of South Africa. Prices quoted for each product exclude delivery costs. Before you complete the buying process, you will see all costs involved in the purchase, including delivery. Payment may be made via EFT into the X-Ware bank account the details of which will appear on screen and be emailed to you if you choose this payment option in the check out process. With regard to bank deposits the exact amount must be paid. All payments must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer. No transfers must be made from ATM´s and cheque deposits are subject to a clearing period. No bank deposits are accepted from outside the borders of South Africa. Unpaid bank deposit orders are cancelled after five working days.
X-Ware retains all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of X-Ware. X-Ware grants you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order with X-Ware, for your personal use only. Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of X-Ware and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of X-Ware and/or such trademark and/or copyright owner.
Although we make every effort to ensure that products are in stock when so indicated and that information and prices concerning products listed on the website are accurate, the prices and availability of such products and services are subject to change without notice. If a product has been listed at an incorrect price, X-Ware reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.
External links may be provided for your convenience, but they are beyond the control of X-Ware and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of X-Ware.
No person, business or web site may link to any page on this site without the prior written permission of X-Ware. Such permission could be obtained by contacting us.
No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
X-Ware chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
X-Ware may, in its sole discretion, change this agreement or any part thereof at any time without notice.