Terms

Our Payment Policy

We accept the following methods of payment – PayPal, Bank Deposit, Australian Money Order, Bank Cheques and Personal Cheques.
Note that PayPal accepts most major credit and debit cards – even if you don’t have a PayPal account.

Paying via PayPal with no PayPal account
Paying via PayPal with no PayPal account

If you are going to use a payment method other than PayPal, please email us to let us know.
Please include your name and/or item number in the description field if you’re paying by EFT (bank deposit).

Please make your payment within 3 days of purchase so that we can quickly ship your item.
If you require more than three days, please contact us before making your purchase.

Our Shipping & Handling Policy

We aim to ship all items within 1 business day of receipt and clearance of payment, based on Eastern Australian Standard Time.
Please note that weekends and public holidays are NOT business days.

We will email you when your items have been shipped.

When paying via PayPal, we will ship to your PayPal shipping address. Please ensure that it is correct.

Registered Post is HIGHLY recommended and is available for approximately $3 more than the equivalent Standard or Express rate. Registered Post also has the advantage of including insurance up to the value of $100, should your goods go missing.

Please Note: Shipping charges are for Shipping, Packaging and Handling costs.

Every effort is made to ensure items are very carefully packaged and addressed, however, unless Registered Post was used, you are taking full responsibility for items lost or damaged in the post. Refunds will not be offered if your item goes missing whilst in the care of Australia Post. The use of Registered Post is highly recommended.

FREE SHIPPING OFFER*

The Free Shipping offer for orders over a certain amount comes with the following restrictions:

  • Does not include certain large or bulky items such as surfboards, HandiRacks etc
  • Only covers postage within Australia

OVERSEAS BUYERS

Please contact us for a shipping quote, preferably before placing your order

Our Return/Warranty Policy

Returns

All sales are final unless the item is not as described.
Colour may vary according to your monitor settings.

We take great pride in our listings – and guarantee that everything we sell is represented accurately with both our written description and pictures.

We know you will be MORE than satisfied with your purchase!

Warranty

The Surf Guru items are backed by a 12 month manufacturer warranty against defective materials or workmanship.

Our Customer Service Policy

Our Main Purpose is to make sure that you are happy.

We have a great service record,  but we are human and sometimes mistakes do happen.
If, for any reason, you are not 100% satisfied, please contact us and we will resolve your issue.
The vast majority of mistakes and miscommunications can be resolved quickly and easily, without any ill feeling whatsoever.
You can rest assured, that if the issue is of our making, then we will rectify it immediately one way or another.
Your satisfaction is our prime concern.

Questions

We welcome any questions you may have about our products. Please contact us.
We normally respond to any questions within 24 hours, and generally much quicker.
We are happy to answer any question.

TERMS AND CONDITIONS OF USE


We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun.  Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the thesurfguru.com.au Web site means that you accept those changes.

THANKS AGAIN FOR VISITING!

Restrictions on Use of Our Online Materials

All Online Materials on the thesurfguru.com.au site are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and all other intellectual property are protected by US and/or International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of thesurfguru.com.au or of other owners used with their permission. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the thesurfguru.com.au site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by thesurfguru.com.au or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to thesurfguru.com.au through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our thesurfguru.com.au mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

thesurfguru.com.au WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  • USE OF (OR INABILITY TO USE) THE SITE
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
  • FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
  • ERROR ON OUR SITE
  • OMISSION ON OUR SITE
  • INTERRUPTION OF AVAILABILITY OF OUR SITE
  • DEFECT ON OUR SITE
  • DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
  • COMPUTER VIRUS OR LINE FAILURE
  • PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
    • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
    • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
    • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Links to Other Site

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a thesurfguru.com.au-operated site or have moved to another site. thesurfguru.com.au is not responsible for the content or practices of third party sites that may be linked to our site. When thesurfguru.com.au provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that thesurfguru.com.au is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any thesurfguru.com.au site or endorsement, sponsorship or support of thesurfguru.com.au, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all thesurfguru.com.au Web site, along with all related documentation and all copies and installations. thesurfguru.com.au may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And thesurfguru.com.au is entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the the State of   Queensland, Australia as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate thesurfguru.com.au and/or its affiliates’ intellectual property rights, thesurfguru.com.au and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Queensland, Australia, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Brisbane. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Brisbane . Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

thesurfguru.com.au may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.

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