Terms & Conditions
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SURFWATER.
The collective work includes works that are licensed and owned by SURFWATER. ALL RIGHTS RESERVED.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law,
SURFWATER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose and non-infringement.
SURFWATER does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
SURFWATER does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
SURFWATER shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a SURFWATER product is mistakenly listed at an incorrect price, SURFWATER reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SURFWATER reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment was executed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SURFWATER shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the shopping process. These terms and conditions, or any part of them, may be adjusted and/or terminated,by SURFWATER without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SURFWATER may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SURFWATER.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions and not by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SURFWATER products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SURFWATER products) must be commenced within one (1) week after the claim or cause of action arises.
SURFWATER’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
SURFWATER may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SURFWATER or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
SURFWATER does not and cannot review all communications and materials posted to or created by users accessing the site or it’s social media platforms, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SURFWATER is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SURFWATER reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SURFWATER in its sole discretion.
You agree to indemnify, defend, and hold harmless SURFWATER, its officers, directors, investors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, SURFWATER may link to sites operated by third parties. However, even if the third party is affiliated with SURFWATER, SURFWATER has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SURFWATER. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SURFWATER seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
We value your privacy
We value your privacy as much as we do our own, so we’re committed to keeping your personal and business information safe. We’re uncomfortable with the information companies, governments, and other organisations keep on file, so we ask for only the bare minimum from our customers. We’ll never use your personal information for any reason other than why you gave it, and we’ll never give anyone access to it unless we’re forced to by law.
Information we may collect (Personally identifiable information)
We may ask for contact information including your name, email address, and phone number, on our website so that we can reply to your enquiry.
We collect your email address when you sign up for newsletters and to keep you up to date on SURFWATER.
We ask for your account and contact information when you order and buy SURFWATER from us.
Occasionally, we might receive your contact information from one of our partners. If we do, we protect it in exactly the same way as if you give it to us directly.
Information we hold
When you contact us by email or through our website, we collect your name, email address, phone number, a social media username, and the company you work for, if you’ve given us that.
If you sign up for a newsletter, we only collect your email address.
When you buy something from us, we collect your name, email address, phone number, and a delivery address.
If you do business with us, we also collect your business name and bank details and keep records of the invoices we send you and the payments you make.
All purchases are processed by wix, our ecommerce platform and we NEVER have access to your credit card information.
Where we store your information
When you contact us by email or through our website, we store your your information in our Customer Relationship Management (CRM) software. If you sign up for a newsletter, we store your email address in our SURFWATER marketing platform. When you buy something, your information is stored in our
e-commerce platform, and if we do business, we store your information in our accounts software.
We chose these systems partly for their commitment to security.
What we might use your information for
We occasionally use your contact information to send you details of our products, services and eventually also inform and invite you to events we organize or support, sponsor.
When we do, you have the option to unsubscribe from these communications and we won’t send them to you again. We might also email or phone you about our products and services, but if you tell us not to, we won’t get in touch again. We will use your information to send you invoices, statements, or reminders.
Who has access to this information
When we store information in our own systems, only the people who need it have access.
Our management team have access to everything you’ve provided, but individual employees have access to only what they need to do their job.
The steps we take to keep your information private
Where we store your information in third-party services, we restrict access only to people who need it. We store passwords in an encrypted password manager, use a different, randomly generated password for each service, and never use the same password twice.
The computers we use are all encrypted and are protected by a passcode or fingerprint access.
These computers ask for authentication whenever they’re started or after 5 minutes of inactivity.
Our mobile devices are also protected by a fingerprint or facial recognition.
How to complain
We take complaints very seriously. If you’ve any reason to complain about the ways we handle your privacy, please contact us by email to:
Shipping / Returns
Returns and Exchanges
All purchases and subscriptions are non-refundable.
SHIPPING YOUR ORDER
Your order will be processed the following business day. We are closed on weekends, and major holidays - no orders will be processed during these times.
DELIVERY: FEDEX, UPS, DHL USPS
All orders ship via premium shipping companies. Your exact shipping charges will be displayed before you check out. FedEx does not delivery to PO boxes.
Shipping addresses may be changed after the order has been placed for a fee of $12.00/case within 24 hours of placing your order. Latest after 24 hours, your order has most probably already been shipped and the shipping address cannot be changed.
Changes to the policy
© 2019 by SURFWATER CALIFORNIA LLC. All Rights Reserved.