Terms and Conditions

These Website Terms of Use apply to the website owned and operated by Beachin Surf under the domain name beachinsurf.com.au (the website). Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website. The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

INFORMATION AVAILABLE AT THE WEBSITE

Unless expressly stated otherwise, the Content does not: Constitute an offer or inducement to enter into a legally binding contract; or Form part of the terms and conditions for our products and services. While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

PURCHASING FROM BEACHIN SURF

Products displayed on the website can be purchased using a secure online PayPal transaction facility. By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (OFFER). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

PRICING

All prices and delivery charges on our website are in Australian dollars (AU$). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.
Beachin Surf will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under its contract with you that is caused by an event outside its reasonable control.

AVAILABILITY OF THE WEBSITE

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

YOUR CONDUCT

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not. You agree that you will not, (either yourself or through any third party): Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website. Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website or Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website. You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

YOUR CONSUMER RIGHTS

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

YOUR PRIVACY

We have put in place a Privacy Policy to protect your personal information. By using our website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy.

TERMINATION AND SUSPENSION

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

LIMITATION OF LIABILITY

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election).Resupplying goods or services to you or supplying equivalent goods. Repairing the goods or Paying to have the goods or services resupplied or goods repaired. You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss. Subject to Your Consumer Rights, we are not liable: For any loss that was not reasonably foreseeable to you and us at the time you first used this Website. For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity. To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware) and Any loss to the extent contributed to by your negligence or breach.

CONTACT DETAILS

If you have any queries regarding shopping with Beachin Surf, please email customerservice@beachinsurf.com.au or call (02) 4396-5159.

CHANGES TO THESE TERMS OF USE

We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation.