TERMS AND CONDITIONS

User Agreement

This website is provided by WQ Investment Pty Ltd (“we”, “us” or “our”). By using the sxsurf website (“Website”), you agree to abide by these terms and conditions (“Agreement”) and our Privacy Policy.

We reserve the right to make changes to this Website and these terms and conditions at any time. By continuing to use the Website, you agree to be bound by the changes.

Access and use of the Website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not (or attempt to):

  • interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
  • use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
  • interfere (or attempt to interfere) with security-related or other features of our site; or
  • use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Liability

We are not liable for any losses or damages caused by this Website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

Third Party Sites

This Website may contain links to other sites on the Internet that are owned and operated by third parties. If you visit these external sites you do so at your own risk and it is your responsibility to take measures against viruses and other destructive elements. We make no warranty, and do not endorse, any website sxsurf.com.au links to, or the products or services they provide.

Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

Australia Sales Only

We only sell and ship products within Australia. We will not make deliveries outside of Australia.

Placing Orders

You are responsible for all orders placed by you or on your account, including for any discrepancies or errors in your order caused by you. We cannot be held responsible for an incorrect information being entered on your order. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it.

If you have any problems with your order, please contact us immediately.

If notified before goods have been dispatched, We will attempt to update any incorrect order details or accommodate order cancellations. If items have been shipped, then you must go through the normal returns process outlined in in this Agreement.

Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

We may have the right to refuse or cancel your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.

In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

Price and Payment

The prices of goods, delivery and other charges shown on this Website are in Australian (AUD) dollars and inclusive of GST. Prices are subject to change without notice.

All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

Shipping and Delivery

Subject to this Agreement, we will supply the goods shown on your order confirmation. Please ensure you enter the correct delivery address. We cannot be held responsible for incorrectly entered delivery addresses.

We do not ship to PO Boxes for surfboards. We do not ship to third party addresses unless that address is known and can be verified by us. We do not ship outside of Australia.

Standard and express shipping are subject to different fees and charges. These will be made available to you at checkout.

Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.

The delivery times provided by us are estimates only. We will make every effort to deliver on time, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 15 business days delivery (for standard and express shipping).

You are responsible to have someone at the delivery address to accept the delivery. Any delivery requests must be made prior to the shipment of the order. Cost for re-delivery attempts will be passed to you if the delivery address is unattended at the time of delivery. When your order is shipped you will be sent an E-mail confirmation which will include an order number which can be used when enquiring about your order.

We reserve the right to change, modify or discontinue any delivery options.

Defective Goods

The buyer is responsible for inspecting the goods for fault and emailing us via info@sxsurf.com.au within 5 working days of receiving the goods should there be a fault. We will review the situation and establish a solution.

Refunds and Returns

We are committed to customer satisfaction and would like your online shopping experience with us to be as simple as possible. If you receive any full price merchandise that you are unhappy with for any reason, simply return it to us, provided that the item in question is:

  • along with the invoice within 30 days of purchase
  • not used or worn (in its original condition with original tags and/or packaging); and
  • not damaged in any way.

Refunds are not available for sale items. We offer an exchange on sale items purchased online, provided that the item in question is:

  • along with the invoice within 30 days of purchase
  • not used or worn (with original tags and/or packaging); and
  • not damaged in any way.

Due to health regulations, we are unable to exchange or refund on any underwear or swimwear.

Shipping and handling cost are not refundable. You are responsible for shipping costs unless the item is faulty. You are responsible for the item arriving back in good condition so retain the box and packaging that came with the item and ensure you repack it well.

We may provide you with a product exchange or refund only when we receive the returned product. We recommend sending returns via registered post as we do not accept responsibility for lost items.

Please contact us first for a Return Authorisation approval before returning item/s.

See below for the time frame your exchange or refund must be made in:

  • Exchanges (full price items) – 30 days from date of purchase
  • Exchanges (sale items) – 30 days from date of purchase
  • Refunds (full price items) – 30 days from date of purchase

Warranty

For most of our products, warranties will be issued to the original purchaser that our products will be free from defects in material or workmanship for 12 months from the date of purchase, unless different warranty terms and conditions are written on specific product page. If defective, return the product along with the receipt to us for replacement or refund. The warranty does not cover damage resulting from accident, misuse or abuse of the product. Please contact us before you send back an item.

Process for Returns and Refunds

When seeking a return on a product, please contact us via info@sxsurf.com.au. Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.

Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do no believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

Refunds will be issued using the payment method used for purchase.

We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

Intellectual Property

All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to us, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

Last updated: November 2016