Terms of service
OVERVIEW
Throughout the terms “we”, “us” and “our” refer to Spunkys Surf Shop LLC. Spunkys Surf Shop LLC offers products, information and services available from our website to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here. By visiting the website or purchasing product or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including applicable additional terms and conditions and policies referenced here or available by hyperlink. These Terms apply to all users of our services or the site, including and without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use your services. Any new products, features or services which are added to the website and store shall also be subject to these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace parts of these Terms by updating and/or changing them on our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS
We reserve the right to refuse sales or service to anyone at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell or resell any portion of any sale, content, or service provided by us without written permission by us.
ACCURACY AND COMPLETENESS
We are not responsible if information made available on this site is not accurate, complete or current. All material is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete sources. Our site, our blog, and our social sites (Facebook, Instagram,...) may contain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of our sites at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor these changes.
STORE, CRM, ERP
Our online systems are hosted by Shopify, Wiz, HubSpot, Quickbooks, and their affiliated payment providers. They provide us with the online e-commerce platforms that allow us to sell our products and services to you. By agreeing to these Terms, 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 code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services.
PRICES AND PRODUCT
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance. Products or services may be available exclusively online through our 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 reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any product or service sold, or information obtained by you will meet your expectations, or that any mistakes will be corrected.
BILLING AND ACCOUNTS
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 account, per order, or billing address. In that event we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or others.
THIRD-PARTY
We may provide you with access to third-party services (like PayPal) over which we neither monitor nor have any control from today on and add other services in the future. You acknowledge and agree that we provide access to such services ”as is” and “as available” without any warranties and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services. Any use of these services offered through our site is entirely at your own risk and discretion and you'll ensure by yourself that you are familiar with the terms on which these services are provided by the third-party provider(s). Some content, products and services available via our Service may include materials from third-parties. Third-party content 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 content or websites, or for any other content, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of content, products or services in connection with any third-party websites. Review the third-party's Terms and Conditions and make sure you understand them before you engage in any transaction. Concerns or claims regarding third-party content, products or services have to be directed to the third-party solely by you.
SUBMISSIONS AND COMMENT
If you send specific submissions with or without a request from us, you sending ideas, suggestions, proposals, or other materials, whether online, by email, by mail or other (together called: "comment"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of this comment. We are and shall not be under any obligation to maintain, to pay or to respond to any comment. We may monitor, edit or remove comments that we determine are unlawful, offensive, threatening, libelous, pornographic or otherwise objectionable or violate any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other proprietary right and that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus that could in any way affect the operation of your services or any related website. You are solely responsible for any comment you make and their accuracy. We take no responsibility and assume no liability for any comment posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information is governed by our Legal & Policy regulations.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iiii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iiiii) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (iiiiii) to submit false or misleading information; (iiiiiii) 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; (iiiiiiii) to collect or track the personal information of others; (iiiiiiiii) to spam, phish, pretext, spider, crawl, or scrape; (iiiiiiiiii) for any obscene or immoral purpose; or (iiiiiiiiiii) 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.
ERRORS AND OMISSIONS
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, offers, shipping charges, transit times, availability or others. We reserve the right to correct any errors or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice. We undertake no obligation to update, amend, report, record or clarify information in our service or on any related website, including without limitation pricing information, except as required by law.
DISCLAIMER OF WARRANTIES AND LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free nor do we 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 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 (if not otherwise specifically stated). In no case shall we, our officers, employees, affiliates, agents, contractors, vendors, 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, content or product posted, transmitted, or otherwise made available via our service. For some states of jurisdiction that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, our liability shall be limited to the maximum extent permitted by law. By purchasing and/or using a surfboard, paddleboard, an electric jet board or a propelled paddleboard you acknowledge that surfing, stand up paddleboarding, jet boarding or using a propelled watercraft have inherent risks that may result in serious injury or death. You understand that electric jet boards and propelled paddleboards contain batteries, electrical units, motors, remote controls, moving propellers, chargers and other components that you are responsible for any harm that occurs from those components. We and our affiliated companies are not responsible for any harm to persons or property due to your use of surfboards, paddleboards, electric jet boards or propelled paddleboards. By purchasing and/or using a surfboard, paddleboard, an electric jet board or a propelled paddleboard, you personally assume all risks involved. You are responsible for following all marine laws and US Coast Guard regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, sub-distributors, resellers, agents, vendors, licensors, service providers and employees, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY AND ENTIRE AGREEMENT
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
CHANGES
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to this website. Your continued use of or this website or the service following the posting of changes to these Terms constitutes acceptance of those changes.
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 are effective unless and until terminated by either party. You may terminate these Terms at any time by notifying us that you no longer wish to use our services and our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 accordingly will terminate your access to our services.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Florida
CONTACT INFORMATION
Questions about these Terms should be sent to info@spunkyssurfshop.com.
WARRANTY
Warranty will cover defects in materials or workmanship of a product for the time stated in the manufacturer's warranty documents. The warranty will not cover theft or loss, damage caused during shipping after our duties end, damage resulting from normal wear and tear (i.e. Fins, Leashes, Pads, Blades, Impellers, Stators), accidents, inappropriate usage, issues that arise from negligence, such as prolonged sun exposure damage, salt water corrosion damage, or cracks and dings from normal usage. Warranty will be voided after repairs of product performed by any person other than authorized or trained personnel. If you have any questions related to warranty or want to file a claim, please email to info@spunkyssurfshop.com to report or file and provide the following: full name, order number, description and picture and/or video of issue. All warranties have to be fully reported in writing max 72h after their ocouring. Failure to follow these outlined procedures will waive the customers right for any related warranties. Warranties are processed return > inspection > approval > exchange or refund only.
O’NEILL WETSUITS General Warranty Information and Policy
If the product is found to be defective under normal use and proper care, O’Neill Wetsuits will repair or replace, at O’Neill Wetsuits option. This decision to replace or repair is made by the O’Neill Wetsuit Warranty Department after receipt of the defective product. At no time does O’Neill Wetsuits offer refunds. Defective product should be returned clean and dry, postage prepaid, with a note. That note should include product description, product defects, requested action, return address (be sure to include postal code, especially for Canadian addresses), daytime phone number with area code, customer’s name and a copy of the purchase receipt to the address below. Suits without a copy of the purchase receipt will NOT BE COVERED UNDER WARRANTY. The repair facility isn’t accepting in person drop offs at this time, all repairs must be mailed in.
O’Neill Wetsuits
Attn: Warranty Department
1022 Bay Marina Drive, Suite 140 B
National City, California 91950
NOT Covered Under Warranty:
- Products classified as Seconds
- Fading from sunlight
- Alterations
- Materials over one year from date of original purchase or ninety days for accessories
- Repairs or alterations done by anyone other than O’Neill Wetsuits or an O’Neill Wetsuits authorized repair facility
- Warranty request without a copy of the purchase receipt.
SPECIFIC Product Warranty:
All Flat-stitched Products, Glued and Blind-Stitched and Fluid Seam Weld products:
Limited one-year warranty (from date of original purchase) on workmanship and materials.
Neoprene Dry Suits, Waterproof Zipper Excluded:
Limited one-year warranty (from date of original purchase) on workmanship and materials.
Fabric Dry Suit, Waterproof Zipper and Latex Seals Excluded:
Limited one-year warranty (from date of original purchase) on workmanship and materials. A minimum of 30 business days is required for repairing Fabric Dry Suits and Tops.
Accessories:
Limited 90-day (from date of original purchase) warranty on materials and workmanship
Rentals:
6 months (from date of original purchase) warranty on materials and workmanship