Welcome to Surfboards Factory Hawaii’s online store. These Terms & Conditions govern your access to and use of the Surfboards Factory Hawaii website located at www.surfboardsfactoryhawaii.com (“Site”) and any services provided through the Site. The Site is operated by Surfboards Factory Hawaii, located at 2045 Lauwiliwili St #501 BLDG 5, Kapolei, Hawaii 96707 USA, Kapolei, Hawaii, USA (“Surfboards Factory Hawaii”, “we”, “us”, or “our”).
By using, accessing, or purchasing from this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use this Site.
Eligibility
You must be at least 18 years old to use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Surfboards Factory Hawaii and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
Privacy
Your use of the Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to Surfboards Factory Hawaii constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Account Registration
To access certain features of the Site, you may be required to create an account. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Orders and Payment
All orders placed through the Site are subject to our acceptance. We may, in our sole discretion, refuse to accept or cancel an order for any reason, including without limitation, due to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your payment has been processed, we will issue a full refund to the original payment method used.
We accept various payment methods, including credit and debit cards and PayPal. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order to that payment method.
Shipping and Delivery
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier.
Returns, Refunds, and Exchanges
Please review our Return Policy, which is incorporated into these Terms & Conditions by reference and governs any returns, refunds, or exchanges of products purchased through the Site.
Intellectual Property Rights
The Site and its content, features, and functionality are owned by Surfboards Factory Hawaii and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limitation of Liability
To the fullest extent permitted by law, in no event will Surfboards Factory Hawaii be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the Site or any products purchased through the Site.
Governing Law and Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to
its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or your use of the Site shall be instituted exclusively in the federal or state courts located in Honolulu County, Hawaii. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Indemnification
You agree to indemnify, defend, and hold harmless Surfboards Factory Hawaii, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Site.
Changes to Terms & Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms & Conditions at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Site following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Severability
If any provision of these Terms & Conditions is held by a court 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 & Conditions will continue in full force and effect.
Entire Agreement
These Terms & Conditions, along with our Privacy Policy and Return Policy, constitute the sole and entire agreement between you and Surfboards Factory Hawaii with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
Contact Information
If you have any questions or concerns about these Terms & Conditions, please contact us at sales@surfboardfactoryhawaii.com or by mail at:
Surfboards Factory Hawaii
2045 Lauwiliwili St #501 BLDG 5
Kapolei, Hawaii 96707
USA
Last Updated: May 3, 2023
