TERMS & CONDITIONS

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
Last Modified: October 1, 2018

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.auricsurf.com (the "Website").

These Terms are subject to change by Auric Surf LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

Acceptance of the Terms of Sale
By placing an order for products or services from the Website, you accept and are bound by these terms and conditions.

You may not order or obtain products or services from the Website if you:

  • Do not agree to these terms;
  • Are not 18 years old or older, or
  • Are prohibited from accessing or using the Website or any of its contents, good, or services under the law.

 

Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Auric Surf LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our customer service team at customerservice@auricsurf.com

 

Prices and Payment Terms
All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept [MASTERCARD, VISA & PAYPALL] for all purchases.

You represent and warrant that:

  • the credit card information you supply to us is true, correct, and complete:
  • you are duly authorized to use such credit card for the purchase;
  • charges incurred by you will be honored by your credit card company; and
  • you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

    Shipments; Delivery; Title and Risk of Loss
    We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

    Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

     

    Returns and Refunds
    Except for any sale products or any products designated on the Website as non-returnable, we will accept a return of the products and issue you a refund in an amount equal to the purchase price of returned items, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition.

    To return products, you must contact our customer service team at customerservice@auricsurf.com.

    You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

     

    Limited Warranty
    We warrant that during the warranty period, the products purchased from the Website will be free from defects in materials and workmanship.

    WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

    OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

     

    Limitations on use of Warranty
    This limited warranty extends only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

     

    Items Covered by Warranty
    This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.

     

    Items not Covered by Warranty
    This limited warranty does not cover any damages due to:

    • transportation;
    • storage;
    • improper use;
    • failure to follow the product instructions or to perform any preventive maintenance;
    • modifications;
    • unauthorized repair;
    • normal wear and tear; or
    • external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

     

      Period of Coverage
      This limited warranty starts on the date a product purchased from the Website is delivered to you and lasts for 60 days (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

       

      Remedies Pursuant to Warranty
      With respect to any defective products you return to us within the Warranty Period (meaning we receive the product from you within 60 days of the date of delivery), we will replace the product free of charge.  However, you will be required to pay shipping and handling fees necessary to return the defective product to us.

       

      Obtaining Warranty Service 
      To obtain warranty service, you must email our customer service team at customerservice@auricsurf.com

       

      Limitation of Liability 
      THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. 

      OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

      SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

       

      In Case of Dispute with Us
      The informal dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

       

      Privacy
      Our Privacy Policy, www.auricsurf.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

       

      Force Majeure
      We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

       

      Governing Law and Jurisdiction.
      All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

      Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the state and federal courts in Ada County, Idaho. Although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

       

      Arbitration
      At our sole discretion, we may require you to submit any disputes arising from the use of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

       

      Waiver and Severability
      No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

      If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

       

      Entire Agreement
      The Terms of Use, our Privacy Policy, and the Terms of Sale constitute the sole and entire agreement between you and Auric Surf LLC with respect to the Website and the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

       

      Your Comments and Concerns
      This website is operated by Auric Surf LLC, a Delaware limited liability company.

      All notices of copyright infringement claims should be sent to the copyright agent designated in our COPYRIGHT POLICY in the manner and by the means set forth therein.

      All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customerservice@auricsurf.com.

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