**GENERAL TERMS FOR PURCHASING SURFWATER**

 

**PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR CONDUCTING ANY BUSINESS WITH US.**

 

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 or initiate business with us.

 

 1. ACCEPTANCE OF TERMS

Your submission of a purchase order, whether via written communication, email, or text message, constitutes an offer to purchase Surfwater products under the terms and conditions outlined herein. This offer is deemed accepted and becomes a binding contract when Surfwater acknowledges the order and initiates the delivery process.

​

2. EXECUTION OF DELIVERY

The acceptance and fulfillment of any Surfwater delivery request are at the sole discretion of Surfwater. Surfwater reserves the right to delay or withhold delivery if there are outstanding payments or due balances on your account.

​

3. CUSTOMER AGREEMENT AND PAYMENT TERMS

By submitting a purchase order, email, or text message requesting Surfwater products, you acknowledge and agree to become a customer of Surfwater and accept our payment terms.

 

**Payment terms for Surfwater Still or Sparkling products are as follows:**

- For online orders via our website or through Amazon.com, payment is required upfront.

- Cash or check on delivery is accepted.

- For high-volume customers, Surfwater may offer Net 15 payment terms.

 

Any delayed payments will incur an interest charge of 10% per month on the outstanding balance. Alternative payment methods or delays are not accepted and will result in immediate collection efforts, which may include legal action. Any written modifications or comments on the purchase order regarding payment terms are not recognized, and by placing an order, you confirm that you have read, understood, and accepted these general terms and conditions.

 

4. WARRANTIES; INDEMNIFICATION

Surfwater warrants that all products delivered shall be free from defects in material and workmanship and will conform to applicable specifications, requirements, and samples. Surfwater’s liability under this warranty is limited to the replacement of defective products or refund of the purchase price, provided that the customer submits any claims within 24 hours of delivery. Claims made after this period will not be accepted. Additionally, if the customer files for bankruptcy or similar proceedings, the customer’s owner assumes full personal liability for all outstanding obligations to Surfwater.

​

5. ORDER CANCELLATION AND RETURN POLICY

You may cancel your order without liability if the order has not yet been delivered. Once delivered, orders are non-returnable and non-refundable, and payment in full is required unless a cancellation request was made prior to delivery.

​

6. INVOICES

Invoices will include the following information: purchase order number, item number, description of goods or services, sizes, quantities, unit price, and extended totals. Discounts, if any, shall be calculated from the date of receipt of a correct invoice or receipt of goods, whichever is later.

​

7. GOVERNING LAW

This purchase order and all transactions under it shall be governed by and construed in accordance with the laws of the State of California, with jurisdiction in San Diego County.

​

8. ENTIRE AGREEMENT

This purchase order constitutes the entire agreement between the parties and supersedes all prior agreements, oral or written, as well as all other communications between the parties regarding the subject matter of this purchase order. In the event of any conflict between the terms of this purchase order, the customer is obligated to settle any outstanding balances before raising any disputes.

 

**COPYRIGHT**

​

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.

 

**POSTINGS/USER CONDUCT**

 

Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing, or intimidating to any person or entity that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.

 

**You may not use the Service or the Site to:**

- Interfere with any other user’s use of the Service;

- Conduct any unlawful activity;

- Intentionally solicit or harm minors in any way;

- Misrepresent your own identity or any affiliation that you may have;

- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, Site, or Content;

- Alter or remove any copyright, trademark, or other proprietary rights notices;

- “Frame,” “mirror,” or “deep link” any part of the Site or Content;

- Link to any page within the Site or Content from any website or webpage that makes any claims as to the curative or health-enhancing powers of any substance, whether or not such substance is produced, marketed, sold, or distributed by us.

 

We will not take responsibility or be liable for the conduct of any person who uses the Site, or for any loss or damage suffered by a person as a result of the use of the Site.

 

**WARRANTY DISCLAIMER**

​

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, fitness 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 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 on 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.

 

**TYPOGRAPHICAL ERRORS**

 

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 products 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 executed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Surfwater shall issue a credit to your credit card account in the amount of the incorrect price.

 

**TERMINATION**

 

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.

​

**NOTICE**

 

Surfwater may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Surfwater.

​

**MISCELLANEOUS**

 

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.

 

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.

​

​

​