Conditions of Use
How To
Purchase Goods
We have made
buying from Epic Surf as simple as possible. Our shopping basket
will store items you have placed within it. Each item for sale
will have an order button. When you press this button you are
taken to the order-processing page where the item will be
automatically added to your basket. To view items in the
shopping basket and amend them accordingly simply click on the "Vew
Cart" section.
You can input how many of each item you would
like, decide to continue shopping, remove an item from the
basket or check out and place your secure order. It is at this
time you would be asked for your name and address and then your
credit card details if the shop has online authorisation. It
also enables us to store your personal information to assist you
when checking out. This information will be stored in a cookie
on your computer. We will not store any such information on our
system, in order to protect your privacy. The only details we
cannot store are your credit card details.
Accepted Payment
Paying online is simple, we accept PayPal, Mastercard, Visa and
Switch debit cards.
Is my transaction secure?
Every on-line transaction made within Epic Surf
is transmitted across the Internet using SSL (Secure Socket
Layer) encryption. This industry standard method ensures that
information sent from your browser is scrambled whilst in
transit and decoded when it arrives on our server. You are far
safer using your credit card within Epic Surf than you are in a
restaurant in your local high street. We take the issue of
security very seriously and have taken every step possible to
protect you.
What if I have problems ordering?
Common reasons for problems when pressing the
order button are;
i) You are using an old browser that doesn't support SSL
encryption.
ii) You are browsing from behind a corporate firewall that will
not allow secure connections. Speak to the system administrator
at your office or your Internet Service Provided. They will
either rectify the problem or you will have to order from
another location.
To check, point your browser to https://www.microsoft.com/ if
you cannot connect to the Microsoft secure server it is likely
that one of the above faults apply. If you are able to connect
to Microsoft please call our credit card hotline. We will assist
you if we can.
What if I do not receive my goods?
Please wait 14 days if you are in the NZ or 28
days if you are overseas. If you do not receive your goods after
this period of time, please contact e-mail us at info@epicsurf.co.nz
with your PayPal receipt email to hand. We will strive to
resolve the issue as soon as possible.
When is my credit card debited?
Your card will normally be debited as soon as you
place the order. If certain items in your order are out of
stock
we have the ability to cancel
or refund your order.
What happens if my card authorisation fails?
If the authorisation fails, the most likely
explanation is that you have input your card details
incorrectly. If this happens, return to the shopping cart and
try again. Check that all the details are correct, and make any
changes necessary before proceeding. If all the details are
correct and you still fail to get an authorisation then we
advise that you contact your card issuer to establish why your
card was not authorised. If you continue to experience
difficulty please email us at info@epicsurf.co.nz
What risks are involved in buying online?
All personal data, including your card number is
transmitted over secure connections, meaning that no-one can
eavesdrop and capture your details. In addition to this, your
card details are not viewable by us at all, they are simply
transmitted over the bank's private X25 network for
authorisation and payment transactions.
Stock Levels
Our products are offered subject to availability.
If for any reason we cannot supply you with any part of your
order we will contact you via email or phone to advise you. We
may need to cancel or refund the item from your order, in which
case the funds will be paid directly back into your account.
Prices are subject to change without notice.
Returns Policy
If you receive a defective product, please email
us at info@epicsurf.co.nz to arrange an exchange or refund. We
aim to replace any defective items with replacements. If this is
not possible we shall refund you immediately. Exchanged
items will only be sent after we have received the defective
item back from you in its original packaging at your own cost.
Please contact us to arrange return of any items.
Acknowledgement of Orders
All orders will be
acknowledged by automatic PayPal email receipt.
Privacy Policy
We guarantee that we will not pass your details
to any other company without your permission. In such a case we
would contact you by phone or by email to gain your consent. If
you do not give us your consent, all information received from
you will be kept completely confidential and will not be
disclosed to any other party.
The terms and
conditions do not affect your statutory rights as a consumer.
Privacy
Policy
Epic Surf is sensitive to
privacy issues on the Internet. We believe that it is important
you know how we treat the information about you that we receive
on the Internet.
In general, you may visit the site without
telling us who you are or revealing any personally identifiable
information about you. Our servers collect the domain names,
operating system in use (e.g., Macintosh, Windows) and browser
(e.g., Netscape, Internet Explorer). This information is used to
measure the number of visits, pages viewed, etc.
Epic Surf
uses this information to measure the use of our site.
E-mail addresses and other personally
identifiable information such as first and last name, home or
other physical address, telephone number, and other similar
information are known only when voluntarily provided by a
visitor during the purchase of an item via the
Epic Surf
website.
Disclosures Of Your Information
Unless otherwise disclosed during the collection, personally
identifiable information that may be collected in connection
with visitors to the
Epic Surf
website is retained by
Epic Surf.
We do not sell, transfer or otherwise disclose this personally
identifiable information outside this company, except where
disclosure is required by law.
Access
Rights
You have a right to access the personal data that is held about
you. Please
contact us to obtain further
details.
General Disclaimer
The website www.epicsurf.co.nz is
owned and operated by Clearview Services Ltd. Epic Surf is
a trading name of Clearview Services Limited. When you
view
Epic Surf, your
visit and any disputes arising from it are subject to this
Disclaimer, our Terms and Conditions and our Privacy Policy.
We have taken reasonable steps to
ensure that
Epic Surf
and all information provided on or through it is accurate.
However, we assume no responsibility for information contained
on Epic
Surf and disclaim
all liability in respect of such information.
We shall not be held liable for
any losses you suffer, including any indirect or consequential
loss, including but not limited to loss of business or profits
or any other financial loss arising out of or in any way
connected with the use of
Epic Surf.
We are not responsible for the
content of any websites directly or indirectly linked to or
linked from any pages on
Epic Surf.
If you consider any linked pages to be inappropriate, illegal or
offensive please let us know by contacting info@epicsurf.co.nz
Terms and Conditions
1. General
1.1 epicsurf.co.nz is owned and
operated by Clearview Services Limited, North Shore, Auckland,
New Zealand.
1.2 These Terms and Conditions
govern your use of the www.epicsurf.co.nz website and your
relationship with Clearview Services Ltd website operator.
1.3 The purpose of this website is
to retail surf and sport related products ("Products").
1.4
Epic Surf
and the Products are intended for and directed solely at those
who access
Epic Surf
from the New Zealand. If you are accessing
Epic Surf
from a location out of NZ, you are responsible for complying
with the laws which apply in that jurisdiction.
1.5 These Terms and Conditions
take precedence over and exclude any terms and conditions which
you may introduce.
1.6 We reserve the right to update
or modify these Terms and Conditions. Any changes to these Terms
and Conditions will be posted on this Site. The change of Terms
and Conditions shall not affect the existing Terms and
Conditions accepted by you upon making a purchase using the
Site.
2. Definitions
2.1 Throughout the Terms and
Conditions, when we refer to "we", "us", "our" etc, we are
referring to Clearview Services Ltd. When we refer to "you" etc
we are referring to you the customer.
2.2 In these Terms and
Conditions:-
"Contract" shall mean a contract
concluded between Clearview Services Ltd and you in terms of
Clause 5.8 of these Terms and Conditions
"Delivery" shall mean delivery of
the Order in accordance with Clause 8 of these Terms and
Conditions
"Products" shall mean the goods
and products available from
Epic Surf
which are supplied to you;
"Order" shall mean your order for
Products received by email, telephone, fax or letter to us
directly or made on
Epic Surf
website.
3. Registration
3.1 When you register with
Epic Surf
you must ensure that the details provided by you on registration
or at any time are correct and accurate. You must provide the
correct address for any credit card or debit card you use to
make any payments to
Epic Surf.
3.2 The provision of fictitious or
incorrect address details may be reported to law enforcement or
other relevant authorities for the purposes of combating
internet-based credit card fraud in accordance with our Privacy
Policy.
3.3 If you choose to register with
Epic
Surf we ask that you
create a password. You must take all reasonable steps to keep
this password secure, and must no let anyone else use it. You
are responsible for all activities and orders that are submitted
using your password. If you have reason to suspect that anyone
else has your password, please let us know immediately so that
we can change it.
3.4 We may suspend or cancel your
registration immediately at our discretion or if you breach any
of your obligations under these Terms and Conditions. You can
cancel this agreement at any time by emailing info@epicsurf.co.nz.
If you cancel, you must stop using
Epic Surf.
3.5 The suspension or cancellation
of your registration and your right to use
Epic Surf
shall not affect your or our rights or obligations.
4. Products and Prices
4.1 Our prices are stated in New
Zealand Dollars and US Dollars only.
4.2 We have taken all reasonable
steps to ensure that the Products are described as fairly and
accurately as possible. We also endeavour to ensure that price
and availability information is published as accurately as
possible and is kept up to date. In the unlikely event that
Epic
Surf contains any
inaccurate, incomplete or out of date information we shall
endeavour to rectify this as soon as practicable.
4.3 We reserve the right to make
changes to
Epic Surf
and to details of Products without notice and with no liability
on our part. All Products are subject to availability.
4.4 Please note that the images we
use in this site are representations only, and should not be
taken to be an accurate depiction of any particular product.
5. Placing your Order
5.1 When you click the "Checkout
button", you will taken through our order process. On the final
screen we will show your name, billing address, deliver address,
e-mail address, details of your Order and the total price
payable by you. You may amend your Order or correct any of the
information which you have provided to us by returning to your
shopping cart. If you are satisfied that your personal and Order
details are correct, click on Confirm. This will take you to the
payment section of the Site which securely processes your order
using 128 bit encryption.
5.2 When you click on "Submit",
your order will be sent to us. A message will appear on screen
acknowledging this. Payment will be taken as soon as your credit
or debit card details have been authorised. PayPal will also
send you an e-mail as soon as reasonably practicable after your
Order has been sent acknowledging that you order has been
received. This acknowledgment does not amount to an acceptance
of you Order.
6. Price Correction
6.1 We will try to ensure that all
prices on
Epic Surf
are accurate. If any pricing errors come to our attention, by
whatever means, we will take reasonable steps to inform you and
we will give you the option to reconfirm the Order at the
corrected price or cancel it. If we cannot contact you, the
Order will be treated as cancelled. If the Order is cancelled,
for whatever reason, a full refund will be made.
7. Payment
7.1 Payment can be made using most
major credit & debit cards. We take all reasonable precautions
to keep your order and payment details secure, but, in the
absence of negligence on our part, we cannot be held responsible
for any losses incurred by you as a result of unauthorised
access to the information which you have provided to us. In the
event that loss is incurred as a result of our negligence, our
liability shall be limited in terms of Clause 11.3.
7.2 You confirm that the credit or
debit card with which you make payment is held validly in your
name. We cannot be held liable for any delays or non-delivery
which may occur if credit or debit card provider does not
authorise payment. You should also ensure that any information
supplied by you is correct before proceeding to payment. We do
not accept responsibility or offer refunds if you provide
incorrect information.
8. Delivery
8.1 Delivery charges are specified
in the checkout section of
Epic Surf.
8.2 The cost of packing and
delivery is shown prior to confirming your Order.
8.3 Delivery within the NZ is
usually within 14. We will make all reasonable efforts to
deliver the Product on time, however any delivery date is an
estimate only and time of delivery is not essential to the
contract between the parties. Reasonable allowance should be
made for Orders made over the weekend and at public holidays.
8.4 Please allow up to 30 days for
delivery in exceptional circumstances.
8.5 The risk in the Product shall
pass to you on delivery or attempted delivery of the Product.
9. Cancellation and Return
9.1 You have the right to cancel
your Order for any reason, up to 7 working days after the day
following the delivery of the Product by contacting through our
website
9.2 Your right to cancel is on the
basis that we will be able to re-sell the Products to another
customer as new when you return them to us; so please do not use
or open any sealed packaging. If a product is not suitable for
re-sale, then you shall lose your right to return.
9.3 If you have any questions
about a Product or need help on deciding whether or not to keep
them, please contact info@epicsurf.co.nz for more information.
9.4 If the Product has already
been delivered or posted to you, you must return the Product to
us and we will credit your credit or debit card within 30 days
beginning with the day on which notice of cancellation was
given, provided that the Product have been returned to us.
9.5 Please contact us for our
return address.
9.6 You should enclose a copy of
the original invoice. When returning a Product, we recommend
that you use recorded delivery or obtain a proof of posting (a
proof of posting can be obtained free of charge at any Post
Shop).
9.7 Please use the original
packaging to return a Product. Where this is not suitable,
please use packaging of an equivalent quality. Failure to do so,
may result in damage to the product which you will be liable
for.
9.8 You must notify us of any
shortage, damage or defect in the Product within 7 days of
delivery or you will have been deemed to accept the Product. If
the Product is found to be faulty or defective, then we will
offer you either a replacement or a full refund where
appropriate.
10. Warranties and Liabilities
10.1 We shall use reasonable
endeavours to ensure the Products are of satisfactory quality,
comply with the descriptions given and are fit for the purpose
for which the Products are reasonably intended. However, the
Products are provided on an "as is" basis and it is your sole
responsibility to ensure that Products ordered are suitable for
their intended purpose.
10.2 Nothing in these conditions
excludes or limits our liability for death or personal injury
caused by our negligence or fraudulent misrepresentation.
10.3 Subject to conditions 10.1
and 10.2:-
(a)Our total liability to you or
to any third party whether in contract, delict (including
negligence), misrepresentation or otherwise, arising as a direct
consequence of your (or any third party's) use of the Products
(including, without limitation, loss of business, costs or
expenses) will be limited to the price of your Order; and
(b)We shall not be liable for any
indirect or consequential loss or damage (including loss of
profit, loss of business or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (however
caused) which arise out of or in connection with your use of the
Products.
11. Contact Details
11.1 We aim to deal with any
complaints in a fair and confidential manner. Any complaints or
communications should be directed to:-
info@epicsurf.co.nz
12. Intellectual Property Rights
12.1 The content of
Epic Surf
is protected by national and international laws and treaties.
You may not reproduce, modify, copy or distribute or use for
commercial purposes any of the materials or content on
Epic Surf
without written permission from us.
12.2 No license is granted to you
in these Terms and Conditions to use any trademark or service
marks of Clearview Services Ltd or its licensors.
13. Legal
13.1 If any provision of these
Terms and Conditions are held to be invalid or unenforceable,
the other provisions and the remainder of the provision in
question shall remain as valid.
13.2 The contract shall be
governed by and construed in accordance with the law of New
Zealand and the parties hereby agree to submit to the exclusive
jurisdiction of the New Zealand courts, notwithstanding our
right to take proceedings in any other court of competent
jurisdiction.
13.3 Failure to enforce any right
or obligation under these Terms and Conditions shall not
extinguish our right to enforce the same in the future.
13.4 These
Terms and Conditions contain headings and other aspects of
formatting for ease of use only. No heading or aspect of
formatting should be taken to form part of these Terms and
Conditions.
