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Terms
and Conditions, Board To The Extremes |
Please read these terms and
conditions as they relate to your use of the BoardToTheExtremes website and the
placing of orders by you. You should only continue to access the website and/or
place orders if you accept these terms and conditions.
Who are we?
Customer service: How can
you contact us?
How do you order?
Pricing
How can you pay?
How and when do we deliver?
Can covers
be delivered to a different address to your own?
How much is delivery?
Specification of
our covers
Can you cancel the order or return the
cover?
Data privacy and protection - How do we use
your data?
Intellectual Property including
Copyright
Technical issues
Limit of liability and statutory rights
Governing law
Who are we?
Our business, BoardToTheExtremes, is a partnership
established by Mark Morley. We pride ourselves on being a
private business supplying custom made covers for surfboards (and other
valuable possessions) directly to you the public. Although we are based in
Devon, England, we can supply covers throughout the UK, Europe and worldwide.
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Customer
service: How can you contact us?
You can contact us
by email or phone with any questions or queries.
BoardToTheExtremes 7
Majorfield Road Topsham, Devon EX3 0ES England
Tel: +44 (0)1392 203611 or
+44 (0)7852 465415
Email: info@boardtotheextremes.co.uk
If you have
a query or complaint we aim to review and acknowledge it by email, phone or
letter as soon as possible usually within 2 working days.
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How do you order?
All the cover types listed on the
BoardToTheExtremes website are subject to availability. Each cover is
individual and custom manufactured to order from a specific material. If we
cannot fulfil an order to your specification, in part or in full, we will
contact you to update you and suggest an alternative or replacement colour or
material.
To order online, simply select and add items to the basket.
When you have finished shopping and your basket is "full" click on the "Buy"
button. You will then be taken through the contact details and payment screen
on a secure server. Before submitting your order we ask you to read and agree
to these terms and conditions and confirm your acceptance of them. You will
receive by email an acknowledgement of receipt of your order with a unique
order number which should be quoted in all communication with us. We will then
ensure that we can fulfil your order and either dispatch the cover to you or
contact you to confirm our acceptance of your order pending dispatch. Please
note: the simple automatic acknowledgement of your order does not constitute a
contract between you and us. A binding contract of sale of goods between you
and us comes into effect upon confirmation of the order by us or at the latest
once manufacture of the custom cover begins.
Work will commence on the
manufacture of your custom made cover 48 hours following receipt of your order.
As your cover is custom made you have no statutory legal right to cancel the
order once placed. However, we recognise that you may have changed your mind
overnight, so provided we have received written cancellation by email within 48
hours of your order you may cancel for a full refund. PLEASE NOTE: this grace
period is fixed and absolute and cannot be extended once manufacture has
started - no exceptions!
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Pricing
All prices are
quoted in £pounds sterling but exclude delivery charges. We are not
currently registered for VAT. Prices quoted on the website are subject to
change and are indicative only. If we have mistakenly under priced a product we
will not be liable to supply that product at the stated price: we will contact
you to notify you of our mistake and amend your order for your confirmation.
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How can you
pay?
Payment can be made by credit or debit card
(excluding American Express) online via Barclays Merchant Services. We use
industry standard secure encryption technology to protect your payment details.
We will not process an order until we have received full payment in
cleared funds.
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How and when do we deliver?
BoardToTheExtremes aims to commence manufacture of the
covers two working days following receipt of order and full payment. We aim to
dispatch orders received and fully paid within 20 working days. Please note
that in practice delivery is often within 5 working days. We are unable to
guarantee delivery times, but please contact us if you have a special
request.
In the UK, we usually use Parcelforce to deliver your finished
cover to the address specified by you in the order form. Parcelforce or another
carrier may require a signature. If a signature is obtained we will be entitled
to assume that that person is authorised by you to receive the products. This
service also allows us to track your order.
At the time of delivery you
or someone on your behalf must ensure that you are available to receive the
products. If Parcelforce or another carrier returns the products to us we
reserve the right to charge additional delivery fees. Where the product is
delivered (or attempted to be delivered) in accordance with this procedure and
your prior instructions, we will not make any refund.
Risk of loss and
damage of the cover passes to you upon delivery made in accordance with our
procedure and your prior instructions, if any. Title (legal ownership) to the
covers passes to you on delivery.
Upon delivery you must inspect the
covers within a reasonable time and notify us immediately if you have any
quality or other issues; you will be deemed to have accepted the goods within
24 hours following delivery, and we will treat the cover as described, of
satisfactory quality and fit for its purpose.
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Can covers be delivered to a
different address to your own?
That depends! Sadly
due to the high incidences of fraudulent card use, if it is your first order we
can usually only deliver to the cardholder's address. This is a requirement of
our payment provider to protect our customers against fraud. For subsequent
purchases we may be able to deliver to a different address (for example, as a
gift) if you contact us by telephone or email.
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How much is delivery?
We deliver worldwide. Delivery costs are set out in your
shopping basket depending on the location. For orders outside mainland UK you
may want to contact us to discuss your estimated delivery time.
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Specification of
our covers
We have tried to ensure that all images and
descriptions of size, style and colour are as accurate as possible. Please note
that the images are for illustration purposes only and may not necessarily
represent precisely the actual products or materials supplied to you. Even
using the best studio lighting, it can be very difficult to show the entire
cover accurately from all angles and your computer monitor may not represent
the colours in the same way. If you would like to know more about a particular
colour, please contact us for further details.
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Can you cancel the order or return
the cover?
BoardToTheExtremes are confident that
we can meet your high standards and expectations, so we hope you have no reason
to return your cover. However, if you are not completely satisfied or have a
complaint, we will be happy to discuss this with you.
We recognise that
a custom made cover is a very personal and subjective purchase. If you change
your mind you can cancel your order for whatever reason by emailing us within
48 hours following order. (Please note that the legal right to cancel within 7
working days which applies to some other online purchases does not apply to the
purchase of covers from us as the cover is custom made to meet your personal
requirements.
Where products supplied are damaged, incorrect or faulty
and you have notified us within 24 hours of delivery of the order, we will
either replace the product or issue a full refund to you if we are satisfied
that we are at fault. We may request that goods be returned at your cost for
inspection prior to agreeing any refund. Please return in the original
packaging.
You must return the goods to BoardToTheExtremes by
Parcelforce (insured and trackable for your benefit). We will of course refund
any delivery costs in returning the cover if the cover is confirmed to be
faulty, damaged or incorrectly supplied.
Where a refund is made this
will be paid as soon as possible, but no later than 30 days from notification.
To discuss any return of covers we recommend that you follow our
returns procedure by first contacting us by email or telephone on +44 (0)1392
203611 or +44 (0)7817 320273 to obtain a returns authorisation and alert us to
the return.
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Data privacy and protection - How do we use your
data?
We hate spam and unsolicited mail and contact
as much as you! BoardToTheExtremes are committed to safeguarding the privacy
and confidentiality of our customer data when you visit or place orders through
www.boardtotheextremes.co.uk. Although BoardToTheExtremes is not required to be
registered under the Data Protection Act 1998, all your data is held, collected
and used in compliance. More information on privacy can be found at
www.dataprotection.gov.uk.
All customer data is held in strict
confidence. Unless you have provided us with express consent to do so, we never
provide or sell your personally identifiable data to any third party, other
than where we release it to a third party for the purposes of fulfilling your
order (eg delivery) or for credit control purposes. Like any business we may
contact you to tell you about any of our own special offers, initiatives or
promotions which BoardToTheExtremes thinks you might be interested in.
If you want to be taken off this mailing list just let us know by
contacting us by any of the methods listed above. We aim to comply where
applicable with best practice including the Code of Practice of the Direct
Marketing Authority which can be found at www.dma.org.uk.
Anonymous
information may be collected from visitors to our website, for example, the
number of visitors, which pages they visited and for how long. We also use
"cookies"; this allows us, for example, to keep track of the contents of your
shopping basket and store delivery addresses.
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Intellectual Property including
Copyright
All intellectual property rights in the
covers and the website including the designs, look and feel, graphics, text,
photographs, images and these terms and conditions are reserved and ©
copyright of BoardToTheExtremes unless expressly stated otherwise.
BoardToTheExtremes is a trading style and mark of the BoardToTheExtremes
business.
Please respect the effort, time and costs that we have put
into taking our quality images. You may only download the materials on the
website for the purpose of completing your purchase. Any unauthorised use of
our designs, content, photographs and images by third parties will be referred
to our lawyers for enforcement.
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Technical issues
BoardToTheExtremes aims to ensure that our website is fully operational and
free from errors and that you enjoy uninterrupted enjoyment of the website.
Sometimes there will be technical issues beyond our control. We make every
effort to ensure the accuracy and availability of the information displayed on
the website, but we cannot be held responsible for losses which you may incur
in reliance upon this information or availability.
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Limit of liability
and statutory rights
Here is our small print!
BoardToTheExtremes' liability to you shall be limited in contract
and/or tort to the value of your order only.
Neither BoardToTheExtremes
nor our agents, affiliates, partners, employees or other representatives will
be liable in contract, tort, negligence or otherwise for any loss or damage
whatsoever arising from your use of our website or the placing of an order. We
will not be liable under these express terms and conditions or by reason of any
non-fraudulent representation or any implied warranty, condition or other term,
or any duty at common law, or any tort, liable for any loss of profits or
revenue, business, loss of goodwill or reputation, loss of anticipated savings,
loss of data, loss or expenses payable by you to any third party or any
indirect or consequential or special loss or damage.
We take all
reasonable precautions to keep the details of your order and payment secure,
but unless we are negligent, we exclude all liability for losses resulting from
unauthorised access to information provided by you.
Nothing in these
terms and conditions shall operate or is intended to operate to exclude our
liability for death and personal injury arising as a result of our negligence.
(This is a statement we are required to make by law!)
As a consumer,
your statutory rights remain unaffected by these terms and conditions, but
please remember that you are ordering a custom cover made to your
specifications.
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Governing law
Our terms
and conditions are governed by English law. Changes These terms and conditions
may be varied by us from time to time, but we will advise you of any changes
which would apply to your next purchase by posting the changed terms and
conditions on the website. If you do not wish to accept the new terms and
conditions you should cease using our website or not place a further order. If
you continue to do so, after the date on which the changes come into effect,
your continued use will indicate your agreement to be bound by the new terms
and conditions.
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[Version 1.2 - September 2006 - © 2006 Mark Morley at BoardToTheExtremes /Truelegal]
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