The Rare Smokey Mare

Terms & Conditions

1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. Licence to use website
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser.
2.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.3 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
2.4 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3. Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) violate the directives set out in the robots.txt file for our website; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4. Limited warranties
4.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
4.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5. Order and Installations
5.1 The cost in relation to the installation and repairs carried out by ACTION SPORTS ARENACC, shall be payable by customer immediately when the job is completed.
5.2 ACTION SPORTS ARENACC will be deemed authorised to replace any parts or material necessary, unless advised otherwise on the job card.
5.3 On Specials or fixed price installations the amount is payable in advance. Unforeseen extras or extra work is not included and must be paid when job is completed
5.4 Should payment for some reason be delayed by the customer, despite the foregoing provision, then ownership of the equipment, goods and parts supplied by ACTION SPORTS ARENACC shall remain vested in ACTION SPORTS ARENACC until payment has been made in full therefore
5.5 Installations, repairs and payments for goods must be paid for in cash, electronic fund transfer (EFT) or credit / debit card.
5.6 STRICTLY COD. No credit terms are allowed.
5.7 The customer hereby expressly agrees that interest will be charged, calculated at 2.5% per month reckoned from 30 days from invoice.
5.8 No responsibility whatever is accepted by ACTION SPORTS ARENACC for storage or transport.
5.9 Special orders will only proceed when items to be ordered are fully paid for. Specially ordered items are not returnable or refundable
5.10 Any disputes or complaints must be brought under the attention of ACTION SPORTS ARENACC within 7 working days after the completion of the work. This must be done in writing and emailed to
5.11 A warranty of six months on workmanship is given by ACTION SPORTS ARENACC. Warranty on material depends on the terms and conditions of the manufacturer. Whilst replacement, repairs and refund will be handled under the manufacturers terms and conditions.
5.12 Prices may change without prior notice.
5.13 Goods will only be considered refundable when in original condition and packaging, and within 5 days from date of purchase.
5.14 Transport costs of goods are charged to the customer’s account.

6. Breaches of these terms and conditions
6.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise;
6.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

7. Variation
7.1 We may revise these terms and conditions from time to time.
7.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

8. Severability
8.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
8.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

9. Third party rights
9.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
9.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

10. Law and jurisdiction
10.1 These terms and conditions shall be governed by and construed in accordance with Namibian law.
10.2 Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of Namibia.

11. Our details
11.1 This website is owned and operated by ACTION SPORTS ARENACC.
11.2We are registered in Namibia under registration number CC/2013/13217, and our registered office is at 19 Sean McBride street, Olympia, Windhoek, Namibia.
11.3 Our principal place of business is at 19 Sean McBride street, Olympia, Windhoek, Namibia.
11.4 You can contact us by writing to the business address given above, by using our website contact form or by telephone on +264 81 2386 000.

Closed for the Holiday Season - The Rare Smokey Mare