AGREEMENT OF SALE
Please read these carefully

The use of this site is governed by the TERMS AND CONDITIONS AGREEMENT OF SALE set forth below. Your use of this site or purchase from Melbourne Surf Board Shop indicates your acceptance of these terms and conditions.

Melbourne Surf Board Shop reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.

Melbourne Surf Board Shop is the service provider; it is also referred to as "Melbourne Surf Board Shop's", "us" and "we".

Customer is the person or organisation who purchases or seeks services from Melbourne Surf Board Shop; it is also referred to as "you".


PLACING ORDERS
All orders placed are subject to confirmation and acceptance by Melbourne Surf Board Shop.

Melbourne Surf Board Shop may vary prices for received orders in the event of price changes. We will advise you if this is the case.

To minimise any errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible or in person at Melbourne Surf Board Shop - Thornbury - 307 Victoria Rd Thornbury VIC 3071 or Melbourne Surf Board Shop - Newport - 38 Hall St Newport VIC 3015.

Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible (but rare) that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order.  Inventory discrepancy can also affect the accuracy of the stock status displayed on our web site.

Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.

There will be no refunds on custom order surfboards or special orders on stock we do not normally carry under any circumstances.

Cancellations may be communicated by email to info@melbournesurfboardshop.com.au


INTERNATIONAL ORDERS
Melbourne Surf Board Shop currently ships to Australia and selected items only to New Zealand.

PAYMENT
For on-line orders, accepted payments include Paypal, Major Credit Cards (Visa/Master/Amex ) and zipPay.

Melbourne Surf Board Shop reserves the right to perform checks for orders paid using credit card, and we may request photo identification to be supplied for large value orders.

The title of the goods supplied will not pass to the customer from Melbourne Surf Board Shop until the full amount is paid.


SHIPPING POLICY
Melbourne Surf Board Shop delivers product Australia wide - and selected items to New Zealand.

Please allow for 2 - 5 business days for all deliveries to major cities.

Deliveries to remote areas will take a few additional days depending on location.

Shipping on all products is FREE for purchases over $99.99, except for surfboards (see below for more information) and some larger items. A flat fee of $8.00 will be charged for any purchases under $99.99. Items will be posted through Australian Post Parcel Post or by Courier.

Shipping on Surfcraft and Bulky items: Terms and Conditions
All surf craft items are shipped appropriately wrapped & boxed up for protection.  Most surf boards are wrapped in 2 x layers of high quality bubble wrap with padding on nose and tail then placed in a appropriate sized cardboard box for freight.

Melbourne Surf Board Shop cover $30 of the shipping costs on all new surfcraft from their premises to the address designated by the customer. The customer is required to pay the remaining amount.  Charges are calculated on check out via our freight calculator.

We also offer a same day delivery service for surfcraft in the Melbourne metropolitan region - simply make your purchase, then select the "pick up in store" option and call the shop on 1300 WE SURF once you have completed the purchase to organise it with our staff.  All purchases of surfcraft must be made before midday to ensure delivery that same day.

Shipping for standard sized shortboard shapes is generally around $40 - $70 to most major regions (Capital Cities and nearby surrounds). Zones that usually incur higher charges include Western Australia outside Perth & Freemantle, Tasmania outside Hobart , Kangaroo/Fraser/Lord Howe/Flinders & King Island. Larger items that are above 7ft/214cm in length like longboards will also be more expensive to ship.

In the case of deliveries to these higher charge or more remote areas – Melbourne Surf Board Shop will cover $30 of the shipping price and the customer will pay any additional amounts.  At this point the customer can either use one of our regular couriers or organise their own courier (at risk to the customer)  If you wish to organise your own shipping simply select the "pick up in store" option and call the shop on 1300 WE SURF once you have completed the purchase to organise it with our staff.

Secondhand Surfcraft - shipping will be $50 - 70 to most major regions (Capital Cities & nearby surrounds). Zones that usually incur higher charges include Western Australia outside Perth & Freemantle, Tasmania outside Hobart , Kangaroo/Fraser/Lord Howe/Flinders & King Island.  Shipping charges are automatically calculated in cart.  At this point the customer can either use one of our regular couriers or organise their own courier (at risk to the customer)  If you wish to organise your own shipping simply select the "pick up in store" option and call the shop on 1300 WE SURF once you have completed the purchase to organise it with our staff.


Deliveries are normally made between 9am and 5pm (Monday to Friday). If a home address will be un-attended please offer a work address for delivery. A contact phone number is also required. Goods must be signed for or a re-delivery fee may be charged to the purchaser.

We do not ship to third party addresses unless that address is known and can be verified by Melbourne Surf Board Shop.

Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Melbourne Surf Board Shop will make every effort to deliver on time.

Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts may be passed to the customers if the delivery address is unattended at the time of delivery.


RETURN & REFUND
Returns for refund will only be accepted within 14 days of you receiving the goods. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.

Any incorrect, missing or damaged items received must be reported to Melbourne Surf Board Shop within 24 hours of you receiving the delivery.
If item(s) received is (are) not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.

Melbourne Surf Board Shop owns the title of any extra goods shipped with your order that have been dispatched in error.

Returns Policy
You have 14 days to return unopened items for a full refund.

Postage on non-defective items is the responsibility of the customer (wrong size or colour picked). Customers may return or change original purchase at Melbourne Surf Board Shop in Thornbury or Newport in person (proof of purchase required).

It may take up to 14 days for refunds on returns from the date of receiving the customers return parcel.

You can contact Melbourne Surf Board Shop staff on 1300 WE SURF during business hours or contact via email at info@melbournesurfboardshop.com.au on any issues you may have regarding out policies, All customers will be notified via email when returns take place.


WARRANTY CLAIM
All goods sold by Melbourne Surf Board Shop come with a warranty to be free from any defects or faults. This warranty is not transferable.

Goods under warranty cover will be replaced or repaired by the manufacturer. No refund can be provided under any circumstances.

Warranty only covers the item(s) sold by Melbourne Surf Board Shop.

If the returned goods are determined by Melbourne Surf Board Shop to not be faulty, then all returning shipping fees will be worn by the customer. We will seek the permission from the customer to charge this cost to the customer's credit card where possible. Failing this, the goods will be sent back by Australia Post COD freight collected. Melbourne Surf Board Shop also reserves the right to charge the labor cost for examining these goods where no fault was found.

All warranties are voided if returned product is found in any way to be mishandled, uninstalled, modified, tampered, abused, physically damaged.

Please attach a copy of the original invoice or provide the original invoice number. A detailed fault description sheet must be sent together with all the returning warranty goods.

The customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to Melbourne Surf Board Shop.
 
Melbourne Surf Board Shop is not responsible for any parcel missing in transit, on its return back to Melbourne Surf Board Shop.


DISCLAIMER
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.

Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing.
There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.

Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.


MELBOURNE SURF BOARD SHOP GIFT CARD TERMS OF USE

  1. Introduction

These Terms and Conditions of Use apply to all Gift Cards issued by Trumpet Head Pty Ltd ABN 72 618 317 650, trading as Melbourne Surf Board Shop.

YOUR PURCHASE, REDEMPTION OR ATTEMPTED REDEMPTION OF A GIFT CARD CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND AGREEMENT TO THE PRIVACY POLICY AND SECURITY NOTICE (SEE PARAGRAPH 8).

This document contains the full set of terms and conditions governing your use of the Gift Card. We recommend that you read this document carefully before using the Gift Card. If you have any complaints, questions or would like more information about your Gift Card, please call 1300 WE SURF, visit the website www.melbournesurfboardshop.com.au or see in-store.

Expiry: Melbourne Surf Board Shop Gift Cards expire 12 months after the date of issue. See paragraph 4.

  1. Definitions

"Melbourne Surf Board Shopmeans Trumpet Head Pty Ltd trading as Melbourne Surf Board Shop ABN 72 618 317 650 of 307 Victoria Road, Thornbury VIC 3071.

"Gift Cardmeans the gift card that you have purchased or received, such as one of the following: Melbourne Surf Board Shop Gift Voucher, The Surfboard Studio Gift Voucher.

"Remaining Gift Card Valuemeans, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use.

A reference to "weor "usis a reference to Melbourne Surf Board Shop.

A reference to "youor "youris a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.


1. Gift Card Redemption & Exclusions 

1.1 Redemption
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases from the business by which it was issued - Melbourne Surf Board Shop or The Surfboard Studio. 

1.2 Exclusions
The following are the exclusions applicable to the redemption of your Gift Card:

  1. All purchases made via phone, facsimile or email
  2. Gift Cards cannot be used to purchase on the Melbourne Surf Board Shop online stores, eBay store or to purchase Gift Cards or other tender.
  3. The goods and services sold by some of our sub-businesses including Melbourne Board Repairs, Refresh Your Stick. This list may change from time to time and is available by request or online at www.melbournesurfboardshop.com.au

2. How to load value onto your Gift Card.

2.1 In store Gift Card purchases
Check that the Gift Card has not been removed from the cardboard carrier and has not been tampered with or damaged. If it has been tampered with or damaged, give the Gift Card to our point of sale operator to be destroyed and select a new one.

Nominate the value you wish to be loaded on the Gift Card. A minimum of $5.00 is required.

2.2 Online Gift Card purchases
Gift Cards that are purchased from www.melbournesurfboardshop.com.au are pre-loaded and activated in accordance with our Melbourne Surf Board Shop Gift Card Terms of Use (see www.melbournesurfboardshop.com.au).

2.3 All Gift Cards
Pay for your Gift Card value with the accepted tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value.

There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.

3. Using your Gift Card

3.1 Making a purchase with your Gift Card
Present your Gift Card at the point of sale at a Melbourne Surf Board Shop or The Surfboard Studio store with the merchandise that you wish to purchase using that Gift Card. Our point of sale operator will scan the Gift Card and the transaction will be completed when the balance has reduced on your Gift Card.

No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.

You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:

  1. swiping or scanning your Gift Card or allowing an operator or other person to do so, at the point of sale; or
  2. giving us details of the Gift Card and authorising the transaction in some other way approved by us.

When you authorise a transaction:

  1. you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
  2. you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.

3.2 Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.

3.3 Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to Melbourne Surf Board Shop's exchange and returns policy.

Our exchange and returns policy includes the right for us to issue a gift card instead of other tender or cash, at our discretion.

3.4 Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card you should contact Melbourne Surf Board Shop on 1300 WE SURF or go into the store where the purchase was made.

3.5 No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.

3.6 Checking your Gift Card balance, expiry date and transaction history
You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time in-store or by calling 1300 WE SURF. For balance enquiries, you will be required to provide the Gift Card number prior to getting access to the Gift Card information.

3.7 Can I exchange or get a refund of my Gift Card?
You cannot exchange or get a refund of your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.

3.8 Can I purchase a gift card using a gift card?
Gift Cards cannot be used to purchase another gift card

3.9 Can I purchase a gift card by Cheque?
Gift cards cannot be purchased by cheque.

3.10 Destruction of Gift Card with no value
All Gift Cards remain the property of Melbourne Surf Board Shop. If the Remaining Gift Card Value is zero your Gift Card cannot be reloaded. Our point of sale operator may destroy your expended Gift Card or you must destroy it by cutting it in half diagonally.

4.Expiry, cancellation and re-issue of Gift Cards

4.1 Expiry of Gift Cards
Your Melbourne Surf Board Shop Gift Card will be valid for use for one year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date, after the expiry date unused value will become the property of Melbourne Surf Board Shop.


4.3 Cancellation and voiding of Gift Cards

  1. Gift Cards cannot be cancelled once they are issued except if voided by Melbourne Surf Board Shop, if their value is used or if they expire.
  2. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and Melbourne Surf Board Shop may subject Gift Cards to a verification process.
  3. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Card.
  4. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.

4.4 Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.


5. Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.


6.Your Gift Card, your responsibility
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us.


7. Changes to Terms and Conditions of Use
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days' notice of such changes. We will give you notice by posting the changes on www.melbournesurfboardshop.com.au


8. Privacy and confidentiality
Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Cards. If you do not have a copy and are unable to access the notice online, please call 1300 WE SURF for a copy.

A copy of the Melbourne Surf Board Shop Privacy Policy is available at https://melbournesurfboardshop/pages/privacy-policy

It is important that you read and understand Privacy Policy and these Gift Card Terms of Use.

9. Errors and complaints
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1300 WE SURF.


10. Limitation of liability
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.


11. Applicable law
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

Version: October 2017