Terms of service

TERMS AND CONDITIONS

OVERVIEW

This website is operated by SunDaze Surf. Throughout the site, the terms “we”, “us” and “our” refer to SunDaze Surf. SunDaze Surf offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any Services.

Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses or destructive code. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service without express written permission by us. Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete or timely sources. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is not current and is provided for reference only. We reserve the right to modify contents of the site at any time, but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.

SECTION 4 — PRICES OF PRODUCTS AND SERVICES

Prices for our products are subject to change without notice. Additional costs (e.g., customs duties and shipping) are not included in product prices and are your responsibility unless expressly stated otherwise.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 — PROMOTIONS AND DISCOUNTS

For any promotions, discounts or special offers, the following conditions apply:

Discounts, promotional codes and special offers cannot be combined unless explicitly stated.
Discounts cannot be applied retroactively to past orders.
Unless specified otherwise, discounts apply only to full-priced items.
Marked-down items (any product with a “compare-at” price or shown as discounted) are Final Sale and not eligible for returns, refunds or exchanges.
We reserve the right to modify or withdraw promotions at any time without prior notice.

SECTION 6 — PRODUCTS OR SERVICES

We reserve the right at any time to modify or discontinue products and/or the Service (or any part or content thereof) without notice.

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services. All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided at purchase.

You agree to provide current, complete and accurate purchase, shipping and account information for all purchases. You agree to promptly update your account and other information so we can complete your transactions and contact you as needed.

SECTION 8 — RETURNS AND REFUNDS

We offer returns when the conditions below are met. To return a product, it must be shipped back within 14 days after the delivery date of your order. Proof that the package was dispatched on time lies with you, the customer.

Returns are available for full-priced items only. Your options:

Size exchange for a different size at no additional charge.
Store credit issued as a gift card (valid for 24 months from issue).
Monetary refund: full product price minus the original outbound shipping fee we paid to send your order.

Important:

Sale/discounted items (including any item with a “compare-at” price) are Final Sale and cannot be returned, refunded or exchanged.
For pre-orders, see Section 11.
Return shipping costs are your responsibility.
Returned items must be in new, unworn, unwashed condition with tags attached and hygiene liners intact (where applicable). Assessment of condition is at SunDaze Surf’s discretion.
Returns or cancellations due to refusal to pay customs duties, tariffs, or taxes do not qualify for free returns. In these cases, all shipping and any additional costs incurred will be deducted from the refund.

SECTION 9 — SHIPPING AND DELIVERY

Available shipping options, delivery estimates and costs are detailed on our Shipping Policy page.

Orders are processed and prepared for shipment within 4 business days of order completion. You will receive tracking details by e-mail when your order ships.

Customs duties and taxes vary by country and are your responsibility, unless stated otherwise at checkout.

If a package cannot be delivered due to circumstances beyond our control (e.g., incorrect address, refusal, or failure to collect), the parcel may be held by the carrier, returned to sender at your expense or disposed of per carrier rules. Any costs for returned packages (including shipping and/or duties) will be deducted from any eligible refund. If the package is discarded by the carrier, you will not be entitled to a replacement or refund.

Risk of loss passes to you upon our delivery of the goods to the carrier.

Customs, Duties & Taxes
All international orders may be subject to customs duties, tariffs, or taxes, which are determined by your country’s import regulations. These charges are the responsibility of the customer and must be paid by you, not SunDaze Surf.
If you refuse to pay customs duties or tariffs and request a refund, you will be responsible for all shipping costs (both outbound and return), as well as any additional costs incurred (such as customs return fees). These costs will be deducted from your refund.

SECTION 10 — FORCE MAJEURE

We are not liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, labour disputes, pandemics, government actions, failures of suppliers or carriers, or interruptions of internet services.

SECTION 11 — PRE-ORDERS

Some products may be offered as pre-orders before they are in stock. Estimated timelines are shown on the product page. We will update you by e-mail as your order progresses and notify you once it ships.

You may cancel within 24 hours of placing a pre-order for a full refund. After 24 hours, the order is final and cannot be cancelled.

Pre-orders are eligible only for exchange or store credit once shipped (no monetary refunds), subject to applicable EU consumer protections where required by law.

SECTION 12 — CUSTOMER SERVICE

You can reach SunDaze Surf Customer Service at hello@sundazesurf.com. We aim to reply within 4 business days.

We will try to resolve issues within reason and our ability. If no response is received from you within 3 business days after our last communication, we may close the case until you reply.

SECTION 13 — OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control.

You acknowledge that we provide access to such tools “as is” and “as available” without warranties of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services are subject to these Terms.

SECTION 14 — THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not have any liability for third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 15 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (for example, contest entries) or without a request you send creative ideas, suggestions, proposals, plans or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain comments in confidence; (2) to pay compensation for comments; or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; and will not contain unlawful, abusive or obscene material, or any malware. You may not use a false e-mail address, pretend to be someone other than yourself or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

SECTION 17 — PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you are provided “as is” and “as available,” without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall SunDaze Surf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 19 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless SunDaze Surf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 20 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 — TERMINATION

The obligations and liabilities incurred prior to the termination date shall survive termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services.

SECTION 22 — ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 23 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 24 — INTELLECTUAL PROPERTY RIGHTS

All content on the website and our social media platforms, including text, graphics, logos, images and software, is owned by SunDaze Surf or its content suppliers and is protected by applicable intellectual property laws.

Our designs may not be used by other parties without express written permission from SunDaze Surf. Users may not use any content from the site without our express written permission.

SECTION 25 — GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.

SECTION 26 — DISPUTE RESOLUTION

Any disputes arising out of or relating to these Terms, the Service or products purchased through the site shall be subject to the exclusive jurisdiction of the Dutch courts.

SECTION 27 — CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 28 — CONTACT INFORMATION

Questions about the Terms should be sent to hello@sundazesurf.com.

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