Terms and conditions of use of the Outsider™ website, owned by Roski Composites Inc.

 

Terms of use

Terms of access

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the ROSKI Website (“the Website”). The Website and its content are the exclusive property of ROSKI, headquartered at 130 de l’Église St., Roxton Falls, Quebec, J0H 1E0, and also carrying on business under the names and trademarks Roski® and Roski MarineTM.

By accessing and using this Website, you are confirming that you accept these Terms and Conditions and agree to comply with them.

If you refuse to comply with these Terms and Conditions, we ask that you please leave the Website.

Amendments to the terms and conditions

You agree that ROSKI may change the Terms and Conditions of this Website at its complete discretion and without prior notice. You undertake to regularly consult these Terms and Conditions during your visits to the Website in order to remain up to date on any changes to their content. By continuing to use this Website subsequent to amendments made to the Terms and Conditions, you are confirming that you agree to comply with the Terms and Conditions thus amended.

Privacy Policy

With the exception of personally identifiable information, which is subject to the Privacy policy of this Website, any and all materials, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications that you transmit or publish on this Website in any manner whatsoever (hereinafter “Communications”) are and shall be deemed neither confidential nor protected.

ROSKI and its affiliated companies, and their respective directors, officers, employees, agents, mandataries or other representatives, may use part or all of the Communications for any purposes, including but not limited to transmission, disclosure, reproduction, publication, dissemination or marketing in any manner whatsoever, whether for commercial reasons or not.

ROSKI and its affiliated companies, and their respective directors, officers, employees, agents, mandataries or respective representatives, shall in no event be liable in relation to the content of the Communications, and reserve the right to delete any Communications containing material deemed by ROSKI to be inappropriate, unacceptable, illegal, defamatory or obscene.

Errors

ROSKI makes its best efforts to ensure that the information appearing on the pages of this Website are up to date, complete, and free of errors or inaccuracies. In spite of all our effort, errors may occur and, in such event, ROSKI shall make its best efforts to bring these errors to your attention and correct them as soon as possible.

Intellectual property

The elements displayed on or contained in the Website, including but not limited to all software, design, texts, photographs, illustrations, audio and video files, tools, artistic or graphic items, names, logos and trademarks (collectively referred to as “Intellectual Property”) are the property of ROSKI, or of one of its affiliated companies, or of any third party that has granted license to ROSKI, including its business partners, such as suppliers and manufacturers of ROSKI products. These elements are protected by copyright, trademarks, and various other applicable rights and regulations pertaining to intellectual property in Canada and elsewhere in the world. All Intellectual Property rights are reserved.

ROSKI uses and holds the trademarks “ROSKI™”, “ROSKI MARINE™”, and “OUTSIDER™”, as well as all logos or slogans associated therewith.

You may print the pages of this Website for your personal, private and non-commercial use, provided that the notes concerning copyright and the elements protected by Intellectual Property rights remain unchanged and provided that these Terms and Conditions (including laws governing Intellectual Property) are complied with. You may not reproduce, print, archive, re-edit, modify, download, sell or otherwise copy the content of this Website or any of its elements, in whole or in part, for publication, transmission, or any other purpose, on any medium and in any format whatsoever, whether invented or yet to be invented, without the prior written authorization of ROSKI. No element, excerpt, quote, passage or text on this Website must be construed as constituting or creating a license or any right to use or reproduce any element of this Website whatsoever. Take note that ROSKI intends to enforce its Intellectual Property rights.

The Intellectual Property appearing on this Website may not at any time be modified in any way whatsoever.

Hyperlinks

We invite you to use the hyperlinks on this Website, which provide access to various pages of the Website. The purpose of the hyperlinks is to direct you to relevant information pertaining to the products offered on the Website, as well as some of their features and characteristics.

Some hyperlinks appearing on this Website also provide access to one or more external websites belonging to third parties. These hyperlinks are provided to you for information purposes only. Use of these external websites is governed by the terms and conditions of use and the privacy policies of the said external websites. ROSKI has no control over these external websites, is not responsible for their content, and does not in any way endorse the information they provide or the representations they make. The presence, on this Website, of hyperlinks to external websites must not under any circumstances be construed as an endorsement by ROSKI of the information contained in the said external websites or as implying a partnership or joint venture with the business that owns or operates any external website.

ROSKI does not make any representation of any kind whatsoever regarding the security or virus-free status of external websites, and expressly declines any liability related thereto. ROSKI assumes no liability for any direct, indirect or consequential damage, including any business interruption or loss of profits, software, data or programs, including legal fees and all related costs, resulting from your accessing an external website via a hyperlink contained on this Website.

As a user of this Website, you acknowledge that accessing or using this Website may entail risks of contracting a virus on your computer and/or peripheral devices. ROSKI will in no event be held liable, in any way whatsoever, for any damage or loss resulting from the existence or transmission of a computer virus.

Contests

The contests in which you participate via this Website or via a social media platform administered by ROSKI are governed by these Terms and Conditions, the contest regulations, and applicable laws, to which you agree to be bound by entering said contests.

Limitations of liability

ROSKI, its affiliated companies, and their respective directors, officers, employees, agents, mandataries or other representatives, assume no responsibility and shall bear no liability for any direct or indirect damage, loss or claim (including any business interruption or loss of profits, software, data or programs) including legal fees and any related costs, resulting directly or indirectly from access to, use of, or inability to access the Website. ROSKI shall in no event be held liable for any damage of any kind whatsoever caused to your computer, the data on your computer, or your computer’s peripherals. ROSKI declines all liability, including liability for any delay or any failure to transmit data.

Your use of this Website is at your own risk, and the information, material and services provided on or through this Website are offered without warranty of any kind whatsoever.

This Website is controlled and operated in the Province of Quebec, Canada. ROSKI assumes no responsibility and shall in no event be held liable if this Website is prohibited in a jurisdiction other than the Province of Quebec, Canada.

Indemnification

You agree to indemnify ROSKI, its affiliated companies, and their respective directors, officers, agents, mandataries or other representatives, from any direct or indirect damage, loss or claim (including any business interruption or loss of profits, software, data or programs), including legal fees and all related costs, caused by or resulting from (a) fraudulent or bad-faith usage of this Website; (b) use of this Website with the intent to cause harm; or (c) any substantial breach of these Terms and Conditions on your part.

 


Terms of sale

Product availability

ROSKI shall make its best commercial efforts to provide you with the best possible information on the availability of products offered for sale on this Website. For certain products or promotions, quantities may be limited.

Prices and related charges

The web page of each product sold on this Website gives a detailed description of the product in question, its features, its technical specifications, and its price and related charges.

The prices displayed on this Website are subject to change without prior notice and at the sole discretion of ROSKI. ROSKI reserves the right to correct any errors in the prices shown on this Website and shall make its best commercial efforts to ensure that price errors are brought to your attention, by means of this Website, as soon as possible.

Please note that additional charges, which cannot reasonably be calculated before a contract is formed between you and ROSKI, may be payable to a third party as part of an electronic contract for the purchase of a product on this Website, such as (a) shipping fees; (b) customs duties; or (c) applicable taxes.

Delivery

Products sold through this Website shall be send to you, within fourteen (14) days of your order, directly at ROSKI headquarters, located at 130 de l’Église Street, Roxton Falls, Quebec, J0H 1E0 (Canada), or at any other location that you specify as the shipping address when placing your product order through this Website.

ROSKI shall make all shipping arrangements required for the delivery of products purchased on this Website. Shipping, transportation and insurance fees shall be at your expense, and shall be detailed at the time the product order is placed through this Website.

Returns, exchangers and refunds

No returns, exchanges or refunds shall be granted by ROSKI following placement of a product order through this Website, except if a return or exchange is permitted under the warranties offered by ROSKI on the products sold through this Website, as more fully described in the “Limited warranty” section below.

Limited warranty

ROSKI, headquartered at 130 De l’Église Street, Roxton Falls, Quebec, J0H 1E0, guarantees, for a period of two (2) years from the delivery date, that any sailboat purchased from ROSKI on or through this Website or otherwise: (a) may be used for its intended purpose insofar as it is used normally and in compliance with the instructions set out in the User Guide; (b) complies with the description of the said sailboat as it appears on the Website; and (c) is free of any defect in material or workmanship.

Obligations of ROSKI

The sole obligation of ROSKI under this limited warranty is to provide hull, rudder blade, tiller, mast, boom and sail repairs, and to supply replacement parts for any other part of the sailboat purchased on or through this Website for a period of two (2) years from the delivery of the sailboat. In the event that one or more of the above-mentioned parts cannot be repaired and the damage to the part is covered by this limited warranty, ROSKI shall replace the part in question, free of charge, for the sailboat owner, with the exception of transportation, shipping and delivery fees, which shall be at sailboat’s owner’s expense throughout the warranty period.

Exclusions

a) This limited warranty does not apply to damage caused by:

  1. abnormal use of the sailboat;
  2. failure to follow the instructions set out in the User Guide;
  3. a collision or accident;
  4. commercial or rental use of the sailboat;
  5. poor maintenance;
  6. improper storage;
  7. poor weather conditions;
  8. temperature fluctuations;
  9. prolonged exposure to cold, sunshine, humidity or high winds;
  10. sand;
  11. transportation of the sailboat; or
  12. any modifications made to the sailboat or to its rigging by any person other than an authorized representative of ROSKI.

b) This limited warranty does not apply to cosmetic damage, including scratches, dents and discoloration, unless caused by a defect in the sailboat’s materials or workmanship.

c) This limited warranty does not apply to damage to the “gelcoat.”

d) This limited warranty does not apply to damage resulting from any accidents, misuse, burns, or other external causes.

e) This limited warranty does not apply to defects resulting from normal wear or aging of the sailboat.

f) This limited warranty does not apply to any damage caused during transportation of the sailboat.

g) This limited warranty does not apply if the sailboat’s hull serial number was removed or defaced so as to be illegible.

Procedure to follow

To be able to exercise this limited warranty, you must follow the following procedure:

  1. Fill out the ROSKI claim form and email it, along with a copy of your receipt, the sailboat serial number, and photographs of damage to the sailboat, before the expiry date of this limited warranty.
  2. An authorized representative of ROSKI will examine the submitted documents and will contact you within thirty (30) days of transmission of the above-mentioned documents in order to come to an agreement with you concerning the repair or replacement of the sailboat or any part thereof, if the claim is covered by this limited warranty.
  3. If the required repairs are covered by this limited warranty, the authorized representative of ROSKI will notify you of where and when the sailboat can be retrieved. In the event that, following examination, the said authorized representative determines that this limited warranty is not applicable, he or she will notify you about this situation and about the fees payable for repairs to the sailboat or any of its parts, as well as the procedure to follow in order to have the sailboat repaired.

Warranty assignment

This warranty may be assigned or transferred to a subsequent buyer only if the appropriate assignment document has been completed and sent to ROSKI within the allotted time. The required form and instructions regarding any assignment or transfer are available here.

Safety

We recommend that you carefully read the User Guide accompanying the products sold by ROSKI. A copy of the User Guide is available on the Website. Upon purchasing a product sold by ROSKI and prior to its use, you hereby accept and undertake to carefully read the User Guide. You also hereby agree and undertake to use the products sold by ROSKI in accordance with the User Guide.

Some products on this Website may carry inherent safety risks if handled inappropriately, and we recommend caution when using products sold by ROSKI.

For example, some products, such as a sailboat or motorboat, may tip to the side or capsize. As a result, wearing a personal floatation device is recommended when using such watercraft.

Applicable law

These Terms and Conditions, any access to or use of this Website, and any material relating thereto are governed exclusively by the laws of the Province of Quebec, Canada, and by the Canadian laws applicable thereto, to the exclusion of conflict of laws rules that would result in the application of other legislation.

Any dispute between you and ROSKI resulting from or related to these Terms and Conditions or access to or use of the Website or any material thereto pertaining shall be submitted exclusively to the courts of the District of Montreal in the Province of Quebec, Canada.

Further assistance

You may submit questions and/or comments by calling us at 1-844-548-1122, emailing us at info@outsider-sailboat.com, or using the CONTACT US page on this Website