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 SURF’N GEAR, LLC 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 SURF’N GEAR, LLC. SURF’N GEAR, LLC 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 SURF’N GEAR, LLC. 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 SURF’N GEAR, LLC. Copyright © 2017, ALL RIGHTS RESERVED. All software used on the site is the sole property of SURF’N GEAR, LLC. 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 SURF’N GEAR LLC’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. SURF’N GEAR, LLC is a registered trademark, trademarks or service marks of SURF’N GEAR, LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of SURF’N GEAR, LLC. All other trademarks or service marks are property of their respective owners. The use of any of SURF’N GEAR, LLC’s  trademarks or service marks without SURF’N GEAR LLC’s express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold

All of SURF’N GEAR, LLC’s products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, SURF’N GEAR, LLC makes no representations or warranties, either express or implied, of any kind with respect to products sold on SURF’N GEAR, LLC’s web site. Except as expressly stated herein, SURF’N GEAR, LLC 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 SURF’N GEAR, LLC arising from any product sold on the SurfnGear.com web site shall be the price of the product ordered. In no event shall SURF’N GEAR, LLC, 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, SURF’N GEAR, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SURF’N GEAR, LLC 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, SURF’N GEAR, LLC 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. SURF’N GEAR, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. SURF’N GEAR, LLC 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. SURF’N GEAR, LLC 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 SURF’N GEAR, LLC.

Account Obligations

When you open an account to use or access our web 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 responsibility 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 SURF’N GEAR, LLC 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

SURF’N GEAR, LLC shall automatically charge and withhold the applicable sales tax for orders that have billing addresses within South Carolina. 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 SURF’N GEAR, LLC or by SURF’N GEAR, LLC shall be governed by the laws of the State of South Carolina 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.surfngear.com shall be an appropriate federal or state court located in Charleston, SC. 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

SURF’N GEAR, LLC will make every attempt to verify the correct delivery address for an order that is placed through the SURF’N GEAR, LLC web site. In the event that SURF’N GEAR, LLC is given an incorrect delivery address and the package is CONFIRMED delivered to that address by either USPS, UPS or FedEx as the case may be, SURF’N GEAR, LLC is not responsible for the product, product cost or the shipping cost. In the Event that an order is returned to SURF’N GEAR, LLC due to an invalid delivery address, (via USPS, UPS or Fed Ex) SURF’N GEAR, LLC is not responsible for the original shipping cost or the cost to redeliver said package.

UPS and FedEx are 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

At SURF’N GEAR, LLC our objective is to ship your orders correct, complete and on time. If you are unhappy with your product for any reason we will 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 provide you with an RA # (Return Authorization Number) NO REFUNDS/EXCHANGES will be issued if a product is returned without an RA # clearly written on the outside of the shipping container.  When we issue you an RA #, we make detailed notes of why you are returning an item and what action we need to take once we receive your returned item.

All returns and exchanges must be made within 30 days of your purchase date. After 30 days from the purchase date and within 90 days of the purchase date we will issue a you a store credit for returned product. Final sale and non-refundable items may not be eligible for a refund or store credit. Returned 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 product exchange, refund or store credit. Shipping charges for returning non-defective items are not covered by SURF’N GEAR, LLC. 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 when you ship them back to SURF’N GEAR, LLC.  We encourage you to use retain shipping tracking information and insure delivery of your return. SURF’N GEAR will not be responsible for returned items that do not get back to our warehouse.

Gift Cards are Non-Refundable/Returnable/Exchangeable.

Please contact us at customerservice@surfngear.com 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. SURF’N GEAR, LLC will make every attempt to insure that every customer is taken care of to the highest standard possible, but we need to know if 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 SURF’N GEAR, LLC through Visa, MasterCard or Discover or (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 SURF’N GEAR, LLC, all fees and costs associated with said chargeback, including a $25.00 fraudulent chargeback fee assessed to SURF’N GEAR, LLC 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 SURF’N GEAR, LLC and we reserve the right to utilize the services of a collection agency 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 will make every effort to clarify any issues and insure you have the best shopping experience possible at SURF’N GEAR, LLC.   Our customer service hours are Monday through Friday 9 AM to 5 PM. You can contact us by phone at 843-693-5054 or you can contact us via email at customerservice@surfngear.com.

Shipping Policy

Domestic Standard Shipping is FREE for orders over $49! This offer is valid only in the 50 U.S. States and APO/FPO. Free shipping is not valid on US Territories and International Shipping.  When you choose Domestic Standard Shipping we offer the best value shipping option for you dependent on size, weight and speed of delivery. In the United States our main carriers are UPS, FedEx Ground and United States Postal Service. Expedited delivery requests will ship via UPS 1-Day or 2-Day or FedEx Overnight.

 

I have read and understand these Terms and Conditions prior to agreeing to them and am aware that by purchasing from SURF’N GEAR, LLC 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 SURF’N GEAR, LLC 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 SURF’N GEAR, LLC 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 SURF’N GEAR, LLC. SURF’N GEAR, LLC 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.surfngear.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.

SURF’N GEAR, LLC has adopted a policy that provides for the immediate removal of any content, article or materials that infringes on the rights of SURF’N GEAR, LLC 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: (a) 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. SURF’N GEAR, LLC. reserves the right to terminate or delete such material from its Site. SURF’N GEAR, LLC 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 SURF’N GEAR, LLC, 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 SURF’N GEAR, LLC sponsors or is affiliated or associated with any of them or endorses them. We may work with and link to partners and affiliates web sites (Third Party Sites). SURF’N GEAR, LLC 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. SURF’N GEAR, LLC makes no guarantees about the content or quality of the products or services provided on such sites. SURF’N GEAR, LLC 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 SURF’N GEAR, LLC 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.surfngear.com’s services or accessing the www.surfngear.com web site, you acknowledge that you have read these TERMS OF USE and agree to be bound by them.