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Terms and Conditions

The use of this site is governed by the policies, Terms and Conditions set forth below, including our Terms of Use. Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions. Your placement of an order indicates your acceptance of these terms and conditions and Terms of Use. Your submittable of any purchase order to THE SURFBOARD WAREHOUSE, Inc. indicates acceptance of these terms and conditions. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by THE SURFBOARD WAREHOUSE, Inc. THE SURFBOARD WAREHOUSE, Inc. reserves the right to make changes to this site and these Terms and Conditions or our Terms of Use at any time.


Copyright and Trademark Notice

This site is owned and operated by THE SURFBOARD WAREHOUSE. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement there of, are the sole property of THE SURFBOARD WAREHOUSE, Inc. Copyright © 2013-2014, ALL RIGHTS RESERVED. All software used on the site is the sole property of THE SURFBOARD WAREHOUSE, Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without THE SURFBOARD WAREHOUSE, Inc.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. The Surfboard Warehouse, Inc. is a registered trademark, trademarks or service marks of THE SURFBOARD WAREHOUSE, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of THE SURFBOARD WAREHOUSE, Inc. All other trademarks or service marks are property of their respective owners. The use of any of The Surfboard Warehouse’s trademarks or service marks without THE SURFBOARD WAREHOUSE, Inc.’s express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold

All of THE SURFBOARD WAREHOUSE, Inc.’s products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, THE SURFBOARD WAREHOUSE, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on The Surfboard Warehouse site. Except as expressly stated herein, THE SURFBOARD WAREHOUSE, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to THE SURFBOARD WAREHOUSE, Inc. arising from any product sold on TheSurfboardWarehouse.com sites shall be the price of the product ordered. In no event shall THE SURFBOARD WAREHOUSE, Inc., its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Surfboard Warehouse, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Surfboard Warehouse, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Surfboard Warehouse, Inc. shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Surfboard Warehouse, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Surfboard Warehouse, Inc. reserves the right at any time after receipt of your order, without prior notice to you, to ship your order in multiple shipments. All orders placed must obtain approval with an acceptable method of payment, as established by our credit and fraud avoidance department. THIS MEANS WE CHARGE YOUR CREDIT CARD AT THE TIME THE ORDER IS PLACED. We may require additional verifications or information before accepting any order. The Surfboard Warehouse, Inc. is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by The Surfboard Warehouse, Inc.

Account Obligations

When you open an account to use or access our Site or our Services, you must provide complete and accurate information as requested on the registration form. You may also be asked to provide a user name and password. It is your esponsibility to maintain the confidentiality of your password. You may not use anyone else's account, user name or password at any time. You must notify The Surfboard Warehouse, Inc. immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else using your account or password, either with or without your knowledge. You may also be held liable for any losses incurred by us, our affiliates, officers, directors, employees, and representatives due to someone else's use of your account or password. These processes have been put in place to keep all of our customers’ information confidential.

Sales Taxes

The Surfboard Warehouse, Inc. shall automatically charge and withhold the applicable sales tax for orders that have billing addresses within Florida. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Jurisdiction and Venue

You agree that any legal action brought against THE SURFBOARD WAREHOUSE, Inc. or by THE SURFBOARD WAREHOUSE, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on www.TheSurfboardWarehouse.com shall be an appropriate federal or state court located in Brandon, Florida. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Incorrect Shipping Address/Shipping to a PO Box

The Surfboard Warehouse, Inc. will make EVERY attempt to verify the correct delivery address. In the event that The Surfboard Warehouse, Inc. IS GIVEN an incorrect delivery address and the package is CONFIRMED delivered to that address by either USPS or UPS as the case may be, The Surfboard Warehouse, Inc. IS NOT responsible for the product, product cost or the shipping cost. In the Event that an order is returned to The Surfboard Warehouse, Inc. due to an invalid delivery address, (VIA UPS or USPS) The Surfboard Warehouse, Inc. IS NOT responsible for the original shipping cost NOR the COST to REDELIVER said package.

UPS is UNABLE TO delivery to a PO Box, furthermore because of size limitations, some packages MAY or MAY NOT be delivered to a PO Box, per USPS delivery requirements. In the case that USPS is UNABLE to deliver to a PO Box we may require an additional address to complete the shipping process. In SOME cases this may require an additional shipping charge, of which you will be notified BEFORE the product ships.

Refunds, Returns & Exchanges

Here at The Surfboard Warehouse, Inc. we pride ourselves on getting you our customers the right gear! If you are unhappy with your product for any reason we will we will gladly accept ANY Returns or Exchanges assuming that ALL of the following guidelines are met.

You MUST contact us PRIOR to returning ANY items and we'll send you an RA from. (Return Authorization From) NO REFUNDS/EXCHANGES will be issued if a product is returned with out an RA from. This is simply because we receive a lot of returns/exchanges and would not be able to stay organized without an attached RA.

All returns and exchanges must be made within 30 days of your purchase date. Items must be unused/unopened and in the same condition they were in when you received them. We have the right to examine any returned products and determine whether or not to issue a refund. Shipping charges for returning non-defective items are not covered by The Surfboard Warehouse. There will be a 15% restocking fee on all returns.Exchanges/Returns will be done on a case-by-case basis.

We are not responsible for returns or exchanges that get lost in the mail either from you or our warehouse. If you want to insure delivery of your return, then that is your decision, however, we will not be responsible for returned items that do not get back to our warehouse.

Gift Cards are Non-Refundable/Returnable/Exchangeable

Surfboards are Non-Returnable/Exchangeable. If a surfboard delivery is REFUSED and is "returned to sender" you are still responsible for the shipping charges, furthermore in this case you would also be responsible for the shipping back to us.

Used Finatic™ Fin Purchases are Non-Returnable/Exchangeable

Unfortunately, because we DO NOT have your surfboard in front of us we CAN NOT guarantee a specific surfboard bag will fit your surfboard. The measurements on the bottom of your surfboard may not be accurate and seems may run slightly different from bag to bag. We will give advice on which bag should fit, but unfortunately there is NO GUARANTEE that a specific bag will fit your board. Therefor, return shipping is NOT covered if your surfboard does not fit in a particular bag. The ONLY situation where return shipping MAY be covered by The Surfboard Warehouse, Inc. is on defective merchandise, but this is on a case by case basis. In the event any transaction should be refunded AFTER 90 days, you hereby agree to receive the refund in the form of a check as our merchant services policies do not allow a refund to take place VIA a credit card after 90 days.

Please contact us at Service@TheSurfboardWarehouse.com or call us at 813.436.0484 or use our Live Chat for any other questions you may have regarding returns and exchanges.

Fraudulent Chargeback & Collections Policy

Unfortunately, because of the increasing risk for Fraudulent Chargebacks we have had to institute this policy. We at The Surfboard Warehouse, Inc. make EVERY ATTEMPT to insure that every customer is taken care of to the highest standard possible, but we need to know there is a problem in order to help resolve it. Hence, if after making a purchase through our website, if you choose to file a chargeback against The Surfboard Warehouse, Inc. through Visa, MasterCard, Discover or Amex, (Credit Card Company) as the case may be, WITHOUT CONTACTING US DIRECTLY FIRST to try and resolve any order related issues and the Credit Card Company sides with The Surfboard Warehouse, Inc., all fees and costs associated with said chargeback, including a $25.00 fraudulent chargeback fee assessed by The Surfboard Warehouse, Inc. will become the responsibility of the party whom performed the chargeback and we will send you to collections if necessary to recover all associated fees and costs. Fraudulent Chargeback fees and costs include, but are not limited to; our $25.00 fraudulent chargeback fee, any associated merchant chargeback fees assessed by our merchant services and any collection agency's fees. Unless deemed FRAUD, you are ultimately responsible for your purchases, shipping and taxes when purchasing from The Surfboard Warehouse, Inc. and we reserve the right to send you collections in order to recover any unpaid portion of your order, even if that unpaid portion resulted from a chargeback. We ask that you PLEASE contact us directly if there is an issue with your order, we would love to help clarify any issues and insure you have the best experience possible here at The Surfboard Warehouse, Inc. Our "official" customer service hours are M - F 9 am. to 5 pm. est., though we do on occasion get here early and stay late. You can contact us by phone at 813.436.0484, if we don't answer please leave a message! We will get back to you! You can also contact us via email at Service@TheSurfboardWarehouse.com, or through the live chat option on our home page. We care about all of our customers, there are plenty of ways to get in touch with us, if there is an issue please give us the chance to get it resolved.

Surfboard Purchases

Surfboard Purchases are NOT subject to Special Sales, Discounts or Coupons, this includes any seasonal sales, seasonal promotions, "Store Wide" sales and any free shipping offers. THERE ARE NO RETURNS ON SURFBOARD PURCHASES, stock or custom, it is simply to difficult to coordinate return shipping and return packaging. If your surfboard arrives damaged you have 48 hours to report that damage. After this 48 hour window we will be unable to file a claim with our shipping company, therefor the damage will NOT be covered by The Surfboard Warehouse, Inc. NOR the shipping company that delivered your board. PLEASE INSPECT YOUR BOARD THE MOMENT YOU RECEIVE IT and report any damage to us IMMEDIATELY. Please note exceptions will NOT be made to ANYTHING stated in our "Surfboard Purchases" policy.

Free Shipping Policy

If and when we do our INSANE FREE SHIPPING promotion(s), "FREE SHIPPING" always refers to GROUND shipping within the Continental US and excludes FREIGHT shipments. In most cases surfboards and surfboard hard cases will FREIGHT ship, which means they will be NOT be covered by any "FREE SHIPPING" promotion. Furthermore, in some cases, special order items, including single fins and items listed on our Sale/Clearance pages are not covered by any "FREE SHIPPING" policy. These restrictions apply to our current FREE SHIPPING over $79.99 promotion.

Special Offers, Seasonal Sales, "Store Wide" Discounts, Clearance Items and "FREE GIFTS"

Any Special Offer, Seasonal Sale or "Store Wide" Discount can NOT be applied towards Surfboards, Hard Cases, Gift Cards or Finatic™ Subscriptions. We reserve the right to exclude any item including, Sale or Clearance items from said Special Offers, Seasonal Sales or "Store Wide" Discounts. Free Gifts are always "while supplies last". Items listed in our "Clearance" section are NON-returnable and in some cases are sold "as in".

I have read and understand these Terms and Conditions prior to agreeing to them and am aware that by purchasing from The Surfboard Warehouse, Inc. I am signing this document and I am agreeing to these terms and Conditions.


If under 18, I am the parent or legal guardian of the person wishing to purchase from The Surfboard Warehouse, Inc. I hereby agree to these Terms and Conditions stated above on their behalf.


Terms of Use

The use of this site is governed by the policies and Terms of Use set forth below. Please read them carefully. Your use of this site indicates your agreement to and acceptance of these Terms of Use. Your placement of any order to The Surfboard Warehouse, Inc. indicates your acceptance of these Terms of Use and our Terms and Conditions. These Terms of Use shall supersede any prior Terms of Use included with any purchase order, whether or not such terms or conditions are signed by THE SURFBOARD WAREHOUSE, Inc. THE SURFBOARD WAREHOUSE, Inc. reserves the right to make changes to this site and these Terms of Use and terms and conditions at any time.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We reserve the right to revise these Terms of Use at any time without notice to you.


Compliance with Intellectual Property Laws

When accessing www.TheSurfboardWarehouse.com, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.

The Surfboard Warehouse, Inc. has adopted a policy that provides for the immediate removal of any content, article or materials that infringes on the rights of The Surfboard Warehouse, Inc. or of a third party, or that violates intellectual property rights generally. We will investigate all allegations of copyright infringement immediately upon notice.

Inappropriate Content

When accessing the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits for goods or services. The Surfboard Warehouse, Inc. reserves the right to terminate or delete such material from its Site. The Surfboard Warehouse, Inc. will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Compliance with Export Restrictions

You may not access, download, use or export the Site or its products in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the products are subject to the United States Export Administration Laws and Regulations and agree that none of the materials or any direct product there from is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Indemnification

You agree to defend, indemnify and hold harmless The Surfboard Warehouse, Inc., our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Site.

Links

This Site and some of the articles on this Site may contain links to other resources on the Internet. These links are provided to help you locate other Internet resources that may be of interest to you, and are not intended to state or imply that The Surfboard Warehouse, Inc. sponsor, or are affiliated or associated with any of them or endorse them. We may work with and link to partners and affiliates web sites (Third Party Sites). The Surfboard Warehouse, Inc. is not responsible for and does not endorse or accept any responsibility for your use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. The Surfboard Warehouse, Inc. makes no guarantees about the content or quality of the products or services provided on such sites. The Surfboard Warehouse, Inc. is providing these links to you only as a convenience. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that The Surfboard Warehouse, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with a third party or its web site.

Acknowledgement BY USING WWW.THESURFBOARDWAREHOUSE.COM'S SERVICES OR ACCESSING THE WWW.THESURFBOARDWAREHOUSE.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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