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Terms of service

OVERVIEW

www.aquasurfcraft.com/ operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to aquasurfcraft.com. aquasurfcraft.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and in some instances the “Terms” set out by our suppliers. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or software which is added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted with the highest security features offering you a very safe online shopping experience.

 

PROTECTION OF PERSONAL DATA – GDPR COMPLIANCE (EU customers only)

Aqua Surf Craft informs the Client that we collects, records and processes certain personal information about the Client, such as surname and forenames, postal and electronic addresses, mobile phone number, that the Client has provided him with in the context of an order or the creation of a personal account. The Client’s personal data is processed exclusively for processing the Client’s order and its follow-up and for customer relationship management. The Client’s personal data are retained no longer than what is required, and in any case no longer than 5 years after their collect or after the Client’s last contact with Aqua Surf Craft. In accordance with the provision of the GDPR (EU) 2016/679, the Client has the right to request access to his personal data, rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing, as well as the right to data portability. The Client can exercise his rights by sending a request to the following e-mail address [email protected] or by sending a letter to the following address Aqua Surf Craft, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA. If the Client believes his rights have been infringed in the context of the GDRP, he is invited to contact directly Aqua Surf Craft (at the above addresses). The Client may also lodge a complaint with the CNIL authority or other competent authority.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve

(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We do not store or will even know your credit card details.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We do not store or will even know your credit card details.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible, the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, location, or request. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Privacy Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send individual specific submissions (for example contest entries) or without an offer from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation, (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall aquasurfcraft.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless aquasurfcraft.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CANCELLATIONS, RETURNS AND EXCHANGES

Firstly, we would like to reassure you that we have never had a product to date returned to us for any reason, but in the unlikely event that this should happen, please note the following applied and forms part of our terms of service:

*CONSUMER RIGHT OF RETRACTATION: The Client may cancel a contract/ sale at any time in the first 14 days following the delivery of the order and receive a full refund of the price paid for the Product(s) 14 days following the reception of the returned Product(s) by Aqua Surf Craft. In order to cancel the contract, the return the Product(s) to Aqua Surf Craft or one of our suppliers within 14 days after the day of notification of the cancellation, in the same conditions as it was received. The product should be unopened and in the exact same condition as it was sent to you in. if the product has been used or the Client fails to take reasonable care of the Product(s) while they are is in his/ her possession, Aqua Surf Craft will have the right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which the Client is entitled. To return the Products, the Client should package the parcel securely and then return it to Aqua Surf Craft or nominated supplier. For details of where to return your product to please email [email protected] The Client will be responsible for the cost and risk of returning the Products to Aqua Surf Craft or their nominated supplier warehouse.
You will be liable for the cost of the return courier fee by the same way in which it was shipped to you and a 25% restocking fee. Once we have received your item unopened and in the exact condition it was sent to you, we will then issue a refund to you less the shipping fee should we have to pay for that and less the 25% restocking fee.

 1 (a) Product arrives damaged in transit :

Aqua Surf Craft or it’s suppliers will never be held responsible for any defect or damage resulting from action by the Client or any other service provider not contracted by Aqua Surf Craft or its’ suppliers. Aqua Surf Craft recommends that the Client checks the Product(s) on its/ their receipt. In case of damage or missing, claims on apparent defects or non-conformity of the product delivered, the Client will issue clear and precise reservations to the shipper, carrier or delivery company (for example by taking pictures) and MUST REFUSE THE DELIVERY. Then the Client must notify within three days, following the date of delivery, in writing to Aqua Surf Craft at [email protected] (and the delivery company). It will be up to the purchaser to provide any justification as to the reality of the anomalies observed.

Please contact us immediately – HERE, and we will arrange a solution including replacing the item at our cost and arranging the return of the damaged item. You are 100% covered. 

(b) Change your mind once your product is already en route before delivery:

Once land or air courier has shipped your product, you will be unable to cancel your order at this stage as this will already be on the way to you. Should you wish to return the product on receipt, please do not open the package and email us immediately at HERE for instructions. *CONSUMER RIGHT OF RETRACTATION. The Client may cancel a contract/ sale at any time in the first 14 days following the delivery of the order and receive a full refund of the price paid for the Product(s) 14 days following the reception of the returned Product(s) by Aqua Surf Craft. In order to cancel the contract, the return the Product(s) to Aqua Surf Craft or one of our suppliers within 14 days after the day of notification of the cancellation, in the same conditions as it was received. The product should be unopened and in the exact same condition as it was sent to you in. if the product has been used or the Client fails to take reasonable care of the Product(s) while they are is in his/ her possession, Aqua Surf Craft will have the right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which the Client is entitled. To return the Products, the Client should package the parcel securely and then return it to Aqua Surf Craft or nominated supplier. For details of where to return your product to please email [email protected] The Client will be responsible for the cost and risk of returning the Products to Aqua Surf Craft or their nominated supplier warehouse.
You will be liable for the cost of the return courier fee by the same way in which it was shipped to you and a 25% restocking fee. Once we have received your item unopened and in the exact condition it was sent to you, we will then issue a refund to you less the shipping fee should we have to pay for that and less the 25% restocking fee.

To view our Shipping Policy please click HERE.

(c) Changing your mind when you have already received your product, the same conditions as section (b) above apply.

(d) Defective products received:

Please contact us immediately at HERE and we will do the best we can to organize an exchange, repair or replacement at our cost. We have a network of distributors worldwide who are happy to keep you happy. Please leave that to us. We guarantee you 100% customer satisfaction.

e) Cancellations of RESERVED and PRE-ORDERS:

Cancellation or Modification of Orders

All orders placed with Aqua Surf Craft for the EFOIL Takuma are firm and definitive. Exceptionally, they may be cancelled or modified at customer’s request, subject to Aqua Surf Craft and Takuma’s express consent. In case of modification: any modification may increase the cost of the order, which shall be notified to the customer for acceptance, and / or may cause delays for the respective order. In case of cancellation: all cost and expenses incurred by Aqua Surf Craft and Takuma until such cancellation and in relation to that order are to be borne by the customer.

Aqua Surf craft & EFOIL TAKUMA will never be held responsible for any defect or damage resulting from action by the Client or any other service provider not contracted by TAKUMA. Aqua Surf Craft & TAKUMA recommend that the Client checks the Product(s) on its/their receipt. In case of damage or missing, claims on apparent defects or non-conformity of the product delivered, the Client will issue clear and precise reservations to the shipper, carrier or delivery company (for example by taking pictures) and MUST REFUSE THE DELIVERY. Then the Client must notify within three days, following the date of delivery, in writing to  Aqua Surf craft & TAKUMA to [email protected] (and the delivery company. It will be up to the purchaser to provide any justification as to the reality of the anomalies observed.

*CONSUMER RIGHT OF RETRACTATION. The Client may cancel a contract/ sale at any time in the first 14 days following the delivery of the order and receive a full refund of the price paid for the Product(s) 14 days following the reception of the returned Product(s) by Aqua Surf Craft. In order to cancel the contract, the return the Product(s) to Aqua Surf Craft or one of our suppliers within 14 days after the day of notification of the cancellation, in the same conditions as it was received. The product should be unopened and in the exact same condition as it was sent to you in. if the product has been used or the Client fails to take reasonable care of the Product(s) while they are is in his/ her possession, Aqua Surf Craft will have the right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which the Client is entitled. To return the Products, the Client should package the parcel securely and then return it to Aqua Surf Craft or nominated supplier. For details of where to return your product to please email [email protected] The Client will be responsible for the cost and risk of returning the Products to Aqua Surf Craft or their nominated supplier warehouse.

f) Cancellations of MADE TO ORDER AWAKE BOARDS (MADE TO ORDER PRODUCT) :

Awake does not accept returns or refunds of any products considered non-faulty, as the products provided by Awake are exclusively made to order. Any claims relating to an alleged defect of the products or in relation with the delivery of the products have to be made by the customer in writing for apparent defects within 14 days upon receipt of the products and for hidden defects within 14 days upon discovery, but in any case within the warranty period stated in clause 3) in WARRANTY. Returns will be accepted only if authorized beforehand by Awake, and may be repaired or exchanged at Awake’s sole discretion.

CONSUMER RIGHT OF RETRACTATION: The Client may cancel a contract/ sale at any time in the first 14 days following the delivery of the order and receive a full refund of the price paid for the Product(s) 14 days following the reception of the returned Product(s) by Aqua Surf Craft. In order to cancel the contract, the return the Product(s) to Aqua Surf Craft or one of our suppliers within 14 days after the day of notification of the cancellation, in the same conditions as it was received. The product should be unopened and in the exact same condition as it was sent to you in. if the product has been used or the Client fails to take reasonable care of the Product(s) while they are is in his/ her possession, Aqua Surf Craft will have the right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which the Client is entitled. To return the Products, the Client should package the parcel securely and then return it to Aqua Surf Craft or nominated supplier. For details of where to return your product to please email [email protected] The Client will be responsible for the cost and risk of returning the Products to Aqua Surf Craft or their nominated supplier warehouse.

SECTION 21 – The following pages also form part of our TERMS OF SERVICE

Warranty Policy – READ

Shipping & Returns – READ

 Privacy Policy – READ

SECTION 21 – CONTACT INFORMATION

[email protected]

Telephone us on the below numbers, and if we are closed at the time, please leave a contact number and your query, and we will contact you as soon as we pick up your message:

CONTACT US:

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Our Offices

UK Office

Aqua Surf Craft 
Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA 

WareHouses

France, USA, Philllipines, Taiwan, China, Sweden, UK and our network of worldwide distributors


 

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