Terms and Conditions
There’s nothing “snaky” here, but we do need to make procedures for some stuff…
1.Interpretation
In these conditions of sale:
the ‘Agreement’ means the agreement which is formed when we accept an order from you, as provided in Clause 3 below.
‘Customer’ or ‘you’ means the person who purchases Goods via the bigsurf.ie website.
‘Goods’ means the goods described in the order confirmation.
‘Supplier’, ‘we’ or ‘us’ means PearseTec Limited t/a bigsurf, registered in Ireland no. 435891, VAT no. IE9652727R.
‘these terms’ means the terms of business set out in this document.
2. Terms of Sale
The display of Goods on this website does not constitute an offer to sell them as described, or to sell any goods at all. By clicking to place an order or making a telephone order, you are making an offer to buy which incorporates these terms. If we elect to accept your offer, you will receive an order confirmation. We reserve the right to decline any order, without giving a reason.
3. Orders
Orders are only binding when the order confirmation is received. You should check the order confirmation and notify the Supplier of any mistake by email or telephone immediately, otherwise the details stated in the order confirmation will apply to the Agreement.
4. Availability
If you order Goods and we accept the order, we reserve the right to notify you at any time before delivery of the unavailability of the particular Goods ordered. You can then cancel the Agreement and we will refund you all money paid in full. Alternatively, you can accept any equivalent product we offer to you.
5. VAT
Unless they are expressly quoted as not including VAT, all prices are inclusive of the appropriate Ireland value added tax rate and other government taxes or duties.
6. Payment
Payment is accepted via laser card, credit card, debit card, or electronic bank transfer. Payment is accepted before the Goods are shipped/delivered. Thank you for helping us to make online shopping secure.
7. Delivery Times and Rates
We want your order to arrive to you in perfect condition, so you can rely on us to secure the best value delivery service available from our shipping partners.
We will use reasonable efforts to meet any delivery date, but you must understand that these dates are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused.
Goods are shipped by post or by courier, and subject to the discretion of the supplier, are shipped to the delivery address you supplied as stated in the order confirmation. Please note that we recommend shipping your order(s) using a tracked delivery service…you are responsible if you specifically accept in the checkout or by email confirmation, the risks associated with a non-tracked delivery service.
If the Customer is unable to accept the goods on the first delivery attempt, the customer shall bear the cost of any further delivery charges.
Goods supplied MUST BE INSPECTED by the customer prior to signing/accepting delivery. If they are damaged, you MUST SIGN for them as being damaged.
Shipping insurance is not standard on any shipment. The Supplier does not insure the Goods. Shipping insurance is available on most shipments for an additional charge…please ask us when you receive your order confirmation email, if you would like shipping insurance.
There is no packing charge on your order. We re-use as much packaging materials as we can for your order…your delivery box may not be pretty, but it will bring your goods to you in perfect condition. In the event that we must use new packaging materials, we aim to have as much as possible to be paper based.
Our delivery rates are detailed in the checkout screen. These change regularly, as we continually seek competitive shipping rates.
We ship to anywhere in the world…
We source the best delivery rates from our shipping partners…please contact us with your order and delivery details, we will then calculate a shipping rate.
8. Title
Title to Goods ordered passes to the customer when full payment has been received. If the Goods ordered are paid in full prior to shipping, the Supplier recommends that the customer put any necessary insurance into place for the goods.
9. Instalments
Where you have ordered more than one item, we may make delivery in one or more instalments.
10. Your right to cancel
If you wish to cancel your order for any reason and return the Goods delivered, the Goods must be in their original condition with packaging complete and seals unbroken. You must notify bigsurf by email in advance of returning the Goods. You should also include a return note and proof of purchase.
Unless in the event of a free delivery offer by Bigsurf, you are responsible for the direct cost of the initial shipment of the Goods to you.
Unless you received incorrect Good(s) from Bigsurf, you are responsible for the direct cost in returning the Goods to Bigsurf.
If you wish to cancel your order for any reason, refund of your payment is subject to a processing fee, which is 5% of the total value of the order. This applies to the situation whereby you are not happy with the shipping rates we have sourced for you.
No refund will be made until the Goods are returned to bigsurf, and in any event no refund will be forthcoming if the Goods are not received by bigsurf within 30 days of you notifying us of your intention to return them. You are required to put any necessary insurance into place for the return shipment of Goods.
In the event of an exchange, for example as a result of the incorrect size having being ordered initially, you are responsible for the handling and direct cost of returning the goods to bigsurf, and for the direct cost to send the exchanged goods from bigsurf back to you. bigsurf can arrange for a courier service to collect item(s) from you, and for a courier service to return item(s) to you after exchange, but the direct cost incurred must be pre paid by you.
In the event that you received an incorrect product(s) in your order from bigsurf, you must notify bigsurf immediately. We endeavour to resolve any issues within 3 working days. We may request images to make an assessment of what went wrong. bigsurf will facilitate the collection of the incorrect product(s), and the shipping of the correct product(s).
In the event of a claimed faulty product(s) by you, you must notify bigsurf immediately. We endeavour to resolve any issues within 3 working days. We usually request images of the claimed faulty product(s) to make an initial assessment. If bigsurf requests return of the item(s), you are responsible for the handling and direct cost in returning the Goods to bigsurf…bigsurf can also arrange for a courier service to collect item(s) from you. bigsurf reserves right to either replace the product, substitute with an alternative, to repair the products(s), or to issue a refund for the faulty product(s).
11. Prices Quoted
Unless otherwise stated, prices quoted are only valid during your browser session.
12. Queries and Complaints
Notification of queries and/or complaints must be notified to us in writing within fourteen (14) days of receipt of the Goods.
13. Warranties
We warrant that: 13.1. at the time of sale, we will have title to sell the Goods to you; and 13.2. the Goods sold to you will conform with the specification for them published by us or their manufacturer.
14. Remedy
Subject to Clause 17, if we are in breach of the warranties given by us under Clause 13, our liability shall be limited to: 14.1. replacement of the Goods concerned; or 14.2. at our option, reimbursement of the price. 14.3. at our option, repair of the Goods supplied. We will notify the Customer if the Goods need to be returned to the Manufacturer for repair.
15. No Other Liability
Subject to Clause 17, we will have no further liability to you other than as described in Clause 14, whether under these terms sale or on any other basis including liability in tort as a result of the sale of the Goods.
16. Consequential Loss, etc
Subject to Clause 17, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
17. Non-Excludable Liability
Nothing in these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
18. Force Majeure
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction, product recall by a Manufacturer and natural disasters. If the conditions last for more than 2 months, the Agreement may be terminated by either party without compensation. The Customers acknowledges that water sports are dangerous and that the Supplier partakes in same solely at the customer’s own risk and responsibility.
19. Entire Agreement
These terms expressly incorporate our Privacy Statement. Together, they contain the entire understanding and agreement between the Supplier and the Customer relating to the sale of products to the Customer through this website.
20. Governing Law
These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of Ireland.
21. WEEE
Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge.
***These terms and conditions are the copyright of PEARSETEC Ltd. t/a bigsurf. 2009-2020 Dated: 24-November-2020***
PRIVACY STATEMENT
We are committed to preserving the privacy of all visitors to bigsurf. Please read the following privacy statement to understand how we use and protect the information that you provide to us. By using this site, you consent to the collection, use and transfer of your information under the terms of this privacy statement.
1. Information We collect From You
When you visit, register or order products or services on bigsurf you may be asked to provide certain information about yourself, such as your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from [messages you post to the website and] e-mails or letters you send to us.
2. Use of Your Information
We use your information to supply you with goods or services ordered by you, to bill you and to contact you about an order. We also analyse information provided by you and others to help us administer, support, and improve our business. We may use your information to contact you to tell you about important changes or developments to the website or our services, or to obtain your views on our services. Where you have agreed, we may use your information to let you know about other products and services which might be of interest to you. This contact may be by post, telephone, fax or e-mail. If you want to stop receiving information about other products and services, you can opt out at any time by contacting us at info@bigsurfshop.com. The information you provide to us may also be used by third parties, some of whom are located outside the European Economic Area, who act for us for the purposes set out in this privacy statement or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process payments and provide support services on our behalf. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this privacy statement.
3. Disclosure to Other People
We will never sell or rent your details to a third party. We may pass aggregate information on the usage of our site to third parties, but this will not include information that can be used to identify you. Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
4. IP Addresses
An IP address is a number that is assigned to your computer automatically when you use the internet. When you visit a particular web page on the bigsurf.ie website, our servers log your IP address. We may use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is also used to help identify you and to gather broad demographic information.
5. Cookies
A cookie is a small file sent to your browser from a Web server and stored on your computer’s hard drive to identify you as the user of the website. Many internet sites use cookies. Our website uses cookies to keep track of your access to the site. We may also use cookies to deliver content specific to your interests. You can set your browser preferences to reject all cookies, but this will prevent you from using most customised services and you may have to repeatedly enter log in information in order to use some services. Cookies make your experience easier by saving your preferences.
6. Security
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.
7. Data Retention
We will retain your information for a reasonable period or as long as the law requires.
8. Changing Your Information
You are entitled to see the information we hold about you. The law entitles us to charge you a fee for doing so. If you wish to see this information, please contact us at info@bigsurfshop.com. You can also ask us to amend the information we hold about you to ensure that it is accurate and kept up to date. Please contact us to do so at info@bigsurfshop.com.
9. Changes To Our Privacy Statement
Any changes to our privacy statement in the future will be posted to the website and, where appropriate, through e-mail notification.
***These terms and conditions are the copyright of PEARSETEC Ltd. t/a bigsurf. 2009-2020 Dated: 24-November-2020***