Terms & Conditions

When you use this eCommerce website the following terms and conditions may apply. The eCommerce website is the copyright of Eco Evo Surf. All rights reserved 2019 Images and content on the eCommerce website may not be copied or Used. "We", “us” and "our" refer to Eco Evo Surf ACN 623638317 and its associated entities as applicable.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this eCommerce website 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. 

Administration Fees

If you wish to cancel your order for any reason we must be notified within 24 hours of your order being placed. Failure to do this will result in a transaction fee subject to the ecoevosurf.com.au team. To cancel an order please email ecovevosurf@gmail.com - This fee covers the merchant transaction costs we are charged to secure your payment.

Changes to custom surfboard orders outside of 24hrs will incur a change fee subject to the ecoevosurf.com.au team. Changes normally result in wasted materials and a stop in production to update order forms and advise factory workers. If your order cannot be changed and you have submitted the change request, you will still incur this fee due to the stop in production.

GENERAL

We will always attempt to be as accurate as possible, however we are unable to warrant that product prices or descriptions or other content of the Website is accurate, complete, reliable, current or error free.

• Please note that colours may vary slightly from those displayed by your monitor.

PRODUCT AVAILABILITY

The Website offers product for sale that we expect to be in stock and available for dispatch from our distribution centre.

In the event that a specific product is currently sold out, SOLD OUT will be displayed.

Although the Website contains a feature that removes unavailable product from the online store, occasionally a product sells out before the Website is updated. In the unfortunate circumstance where a product you wish to order becomes unavailable, we will advise you so you can consider an alternative product.

Please note that products in your shopping basket are not reserved and may be purchased by other customers.

PAYMENT

Prices of product, services and other charges displayed on Website are current at the time of display. These prices are subject to variation.

We accept payment from Visa, MasterCard and Paypal or such other methods we may accept in the future. Payment is debited from your card at the time of your order.

All transactions on this Website are processed using a secure payment gateway that encrypts your card details in a secure host environment.

CURRENCY

All prices are shown in Australian dollars. All transactions will occur in Australian dollars.

GST / TAXES / FEES

A charge accounting for GST is included in the retail price shown. If you are purchasing using international currency (Other than AUD)  You may incur additional currency conversions fees or other fees from your bank. Please check with your bank before ordering.

YOUR ORDER

All orders are subject to acceptance by us and availability.

After you place an order, you will receive either an order confirmation or an order cancellation email:

• Order Confirmation: This email confirms that we have received your order and that your payment has been received. This email will include an individual order number.
• Order Terms & Process: By placing an order, you are offering to purchase the Products for the price indicated, in addition to applicable delivery fees, subject to these refer to Eco Evo Surf Customer Service Terms/Customs and Duty Charges. After an order has been placed, we will send you an email confirming the placement of your order. Eco Evo Surf reserves the right to take reasonable steps to verify that an order and/or credit card details we receive from you are genuine before we accept the order. We are only bound to provide you with the Products if we have accepted your order and received cleared funds as payment. Once your offer has been accepted, we will send you an email with your Order Number. In the event that a Product you have ordered is out of stock, we will notify you via email or phone regarding the stock shortage.
• Order Cancellation: This email will notify you that product you have sought to purchase is unavailable. We expect this to only occur rarely as we update the stock levels on the Website on a regular basis. In the event that this does occur, our customer service team will give you the option of a refund (for the unavailable product) or choosing another product from the Website. An order confirmation is NOT an acceptance of your order, just a confirmation that we have received it and that payment has been approved. Our customer service team will send you a further email confirming shipment of your order. We retain ownership of the title to the product that is the subject of your order until the later to occur of receipt of payment, or delivery of the product to your specified address.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

CANCELLATIONS

By Us:

We reserve the right not to provide product or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

If your order is cancelled, you will receive an email from us. It will explain the reasons for the cancellation. You will not be billed for any order we cancel. Once an order is cancelled, it cannot be reprocessed and must be submitted again via the Website. Where you have provided a contact phone number with your order, we may try to contact you by phone to discuss your options.

By You:

Once an order has been submitted by you it cannot be cancelled, unless the order has not been dispatched from our distribution centre. If you need to cancel or change an order, please contact our customer service team immediately and provide them with your order number and the details of your requested instructions. We will use reasonable endeavours to accommodate your request however cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges (see below). Where you cancel an order and we provide you with a refund, we may reduce your refund by a fee to cover our administrative costs.

TERMS OF USE AGREEMENT

This Website, www.ecoevosurf.com.au is owned and operated by Eco Evo Surf. By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement, which may include as relevant, the Terms of Use Agreement (“Agreement”), Privacy Policy. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

USER COMMENTS

We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, e-mail, facsimile, mail or other means, shall be and remain the exclusive property of Eco Evo Surf. Your submission of any such Comments shall constitute an irrevocable assignment to Eco Evo Surf of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Eco Evo Surf and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

COPYRIGHT

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Eco Evo Surf and its affiliates to the full extent provided under the Copyright Act 1968 (Cth) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Eco Evo Surf and its affiliates.

The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Eco Evo Surf and its affiliates or its lawful successors and assigns.

For usage permission, please contact us via email at ecoevosurf@gmail.com

Notice of Copyright Infringement

• Eco Evo Surf respects and honours the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our customer service department ecoevosurf@gmail.com with the following information:
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material on the Website that is requested to be removed;
• Your name, address, and daytime telephone number, and an email address if available, so that Eco Evo Surf may contact you if necessary;
• A statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
• An electronic or physical signature of the copyright owner or someone authorised on the owner’s behalf to assert infringement of copyright and to submit the statement.

LICENSE AND WEBSITE ACCESS

Eco Evo Surf grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Eco Evo Surf. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Eco Evo Surf You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eco Evo Surf and its affiliates without express written consent of Eco Evo Surf. You may not use meta tags or any other hidden text using Eco Evo Surf's name without the express written consent of Eco Evo Surf. Any unauthorised use will immediately terminate the permission or license granted by Eco Evo Surf.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Eco Evo Surf or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Eco Evo Surf in its sole discretion. You may not use any Eco Evo Surf logo or other proprietary graphic as part of the link without express written permission of Eco Evo Surf. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from Eco Evo Surf.

YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Eco Evo Surf. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Eco Evo Surf or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorised to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

PRODUCT INFORMATION

Eco Evo Surf attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

The website is provided by Eco Evo Surf on an “as is” and “as available” basis. To the maximum extent permitted by law, Eco Evo Surf makes no representations and warranties of any kind, express or implied, as to the operation of the website or the information, content, third-party content, materials, products, services or linked services provided on or through the website, including without limitation, that the information provided through the website will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the website will be available at any particular time or location; that defects or errors in the service will be corrected; or that the content on the website is free of viruses or other harmful components. Any information on the website is subject to change without notice, and we disclaim all responsibility for these changes. You expressly agree that your use of the website is at your sole risk.

To the maximum extent permitted by law, Eco Evo Surf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event will Eco Evo Surf, or any party involved in creating, producing, or delivering the website, be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Eco Evo Surf through the website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

APPLICABLE LAW AND DISPUTES

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement are governed by the laws in force in the State of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerned with this agreement.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Eco Evo Surf and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Eco Evo Surf arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.

MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eco Evo Surf as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Eco Evo Surf right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Eco Evo Surf with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Eco Evo Surf to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Subject to any additional terms published on this Website, this Agreement is the entire and final Agreement regarding the Website and its content, and supersedes any prior or contemporaneous communications between Eco Evo Surf and you regarding the Website and its contents.

All rights not expressly granted herein are hereby reserved to Eco Evo Surf. 

Surfboard Artwork

Product images and colours may vary when being viewed on a computer screen. Furthermore, variations in the surfboard artwork can occur in the manufacturing process, as artwork is completed by hand. Resin artwork, Inlays and sprays may show fibres due to the majority of artwork being manufactured into the board for longevity. This custom artwork is completed by skilled craftsman at the top of their craft and each board is 100% unique

Surfboard Finishing

All custom surfboards on Eco Evo Surf are custom finished and the finish of each board depends on the materials, construction, artwork etc that has been selected. The appearance of each finish varies as different materials require different manufacturing techniques and processes to produce handmade quality products. Certain finishes do appear rougher then others and small blemishes, carbon fibres, and sanding scuffs are common on all surfboards. This is a fact of surfboard manufacturing, please inquire at ecoevosurf@gmail.com prior to ordering if you wish to find out further information.

Shipping Special Instructions for Courier

The special instructions box on the delivery page of the checkout is used for any instructions to help the driver make delivery of your order (e.g. "leave outside door"). Drivers are unable to grant specific requests such as "Deliver between 1-2pm" or "Leave parcel inside gate around the corner". Eco Evo Surf cannot be held responsible if your instructions are not followed.

Delivery of Product and Manufacturing Lead Times

Timing for the delivery of products, including but not limited to surfboard orders, varies depending upon the surfboard ordered. Factors including but not limited to artwork, glassing, materials, construction (i.e. PU foam, epoxy, etc.) and holiday periods can affect the time of completion and delivery of a surfboard. Standard foam, clear, sanded finish surfboards take up to 6 weeks to manufacture.

Customers are responsible for inspecting the goods for fault and notifying us within 2 working days of receiving the goods should there be a fault. If for any reason your product(s) are damaged please email photos of the damage and the packaging to ecoevosurf@gmail.com within 48hrs of taking delivery.

NOTE: Please keep all packaging and shipping boxes in the event the product(s) need to be sent back to the suppliers (shapers). We will work with you to get your products returned back to you as quickly as possible.