These terms and conditions of sale constitute a binding agreement between Surf & Turf (us/we) and its customers (you) which applies to all purchases of items by you from the Surf & Turf website.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
WE RESERVE THE RIGHT TO:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
PURCHASE OF PRODUCTS:
All orders are subject to acceptance in accordance with our Order acceptance policy.
DESCRIPTION OF GOODS:
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
All orders are payable in full before delivery. Interest is chargeable on unpaid balances. Surf & Turf will continue to own and reserve the right to repossess any goods sold under contract until payment has been received in full. We accept all major credit cards/debit cards VISA, Delta, Mastercard and Switch/Maestro, You confirm that the credit or debit that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
ORDER ACCEPTANCE POLICY:
Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy. Non-acceptance of an order may be a result of one of the following: - Our inability to obtain authorisation for your payment - The identification of a pricing or product description error - You not meeting the eligibility to order criteria set out in the main Terms & Conditions, If there are any problems with your order, you will be contacted by our Customer Services Representatives. The sales contract is therefore completed in England. We reserve the right to reject any offer to purchase by you at any time.
REFUSAL OF TRANSACTION:
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process 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 this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: - Be over 18 years of age - Stipulate a delivery address in the United Kingdom including postcode. Please note that PO box numbers, hotels and accommodation addresses are not acceptable - Possess a valid credit or debit card issued by a bank acceptable to us By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
INTELLECTUAL PROPERTY AND RIGHT TO USE:
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
LIMITATION OF LIABILITY:
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: - any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or - any loss of goodwill or reputation; or - any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
RETURNS AND REFUNDS POLICY:
1.1 At Surf & Turf, we‘re so confident in the quality of our products, that we offer you a full guarantee. If for any reason you are not entirely happy with your purchase, you can exchange it for something else, or receive a full refund. This excludes any bespoke printed items.
YOUR RIGHT TO CANCEL:
1.2 Please check your goods on delivery, if the box is damaged please sign 'box damaged' on the couriers delivery record, if your goods are incorrect, faulty or damaged on delivery you must notify us within 48 hours, we will either exchange the product or issue a full refund within 7 days of your delivery. Before you return the goods you must phone 905 664 4758 and state the reason for return, you will be issued with a returns number, goods returned without a returns number will not be accepted, all returns should be notified within 48 hours of delivery.
1.4 Unless the goods are defective, damaged, or not as specified on your invoice, then you are responsible for the cost of returning the goods to Surf & Turf and the cost for doing so. You are responsible for the goods until they reach us, so we highly recommend that you use a secure service, requiring a signature on delivery), when returning goods to us, so that you can track the item to ensure it reaches us and that we have acknowledged receipt of the goods.
1.7 Please note: Surf & Turf reserves the right to refuse return; therefore please ensure that before any is returned to us, you have notified our office to ensure we are happy to receive the goods.
1.8 You can return the goods in their original packaging to the following address:
Surf & Turf Instant Shelters Unit 4-11 Garden Avenue, Stoney Creek, Ontario. L8E 2Y8
BESPOKE, PRINTED or PERSONALISED ITEMS:
1.9 Bespoke, printed and personalised items are not eligible for return once shipped unless faulty or damaged in transit. If at any point you wish to cancel a bespoke order (i.e. printing, or individual amendments), then the deposit taken, will be non-refundable. If 100% payment has been taken, then you will only be eligible for 50% refund. However, Surf & Turf reserves The right to refuse to refund, when bespoke work has been carried out on your instructions.
FAULTY OR DEFECTIVE ITEMS
1.10 Note that in the event of Surf & Turf sending you a faulty or defective item, we would need to be notified of said fault, within 48 hours of you receiving the goods.
1.11 In order to replace the faulty item, we may ask to see photographic evidence of the fault, or to have the item sent back to us before we can issue a replacement. This evidentiary requirement will enable us to make an informed decision about whether to repair or replace the item in question.
1.12 Once used, we will not accept goods back without a valid reason (such as a manufacturing fault).
1.13 We reserve the right to repair or replace goods which have been proven faulty. We reserve the right to issue a credit note by way of refund.
1.14 Please note that if your time for return as stated in (1.2) has expired, then your rights for refund/returns as outlined, may have also expired.