Terms And Conditions

Your Personal DetailsSharing is caring; it’s how we keep you inthe loop with what’s going on here and how we make sure that we’re doing stuffthat you like, however your privacy is important to us.  When you sign up to our newsletter you willbe providing us with certain pieces of personal information such as your e-mailaddress, and when making a purchase we’ll need to know things like yourdelivery and billing address for example to enable us to fulfill your order.  We treat this information with the utmostrespect and promise never to sell, rent or distribute this information toanyone for marketing purposes.

Unsubscribing

If you signed up to receive our newsletter and subsequently decide that you’d rather not be on our mailing list or database then just e-mail [email protected] or call to let us know.  We’ll immediately remove your details, although we’ll be sorry to say goodbye.

Linking To Other Sites

From time to time you may see links to other websites on our own.  The corner of the surf community that we sit in is quite small, and it’s by linking up with friends within our community that we learn and grow things.  We’ll only link with sites that we trust and believe in, however once you’ve clicked through to them then your privacy and information is their concern and not ours, although we hope that they’ll operate with the same integrity that we strive to.

Secure Payments

Buying a wooden surfboard is a big deal for many people.  As such, we use …… to ensure that if your order with us online then it will be processed securely.  If you’d prefer to deal person to person over the phone then please give us a call and we’ll process your payment that way.

We’ll need certain bits of information in order to fulfill your order to the highest standard, and these will include your full name, billing address, delivery address, contact number (we like to put a voice to a name), e-mail address and payment details.  Because of the price of our surfboards and workshops, it may be necessary on occasions for us to complete certain security checks during which time we may consult a credit reference agency.  Please don’t be offended if this happens to you, and understand that it’s just us trying to do the right thing and follow best practice.

Otter uses Paypal to ensure your order is processed securely.  All information received by Paypal is encrypted using 128-bit SSL (Secure Socket Layer) certificates. Once you’re on the Paypal website your transaction becomes governed by their terms and conditions, which can be found HERE.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our site, and in the materials published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  If, however, you’d like to print or download any images or extracts from our pages for your personal reference that’s a-ok with us, in fact we’d be flattered.  Please just make sure that if and when you use or refer to it you credit us as the authors and photographers as is only fair.  It helps to spread the word and keep us doing what we’re doing.

None of the materials or part of the materials on our site can be used for commercial purposes without us providing written permission.

Workshops

We cannot provide a course place for anyone under the age of 18 without accompaniment by an adult. We will provide all PPE (Personal Protection Equipment) you’ll need, but if you have your own, feel free to bring it along. We have all the tools you’ll need to use, but if you have your own and you like using them, bring them with you, just don’t forget to take them home. Your booking will not be confirmed until your payment is received in full. Courses cannot be booked less than ten days before the course, simply to give us enough time to prep all the materials ready for the start date. If you need to cancel your place on the course, we will encourage you to find a place on another course, because we will have prepped your materials and potentially turned other customers away. If you cannot make another course, we will be able to refund 70% of your fee only if we can fill the space with another booking. The 30% we keep hold of covers the costs of materials we will have prepped for your place.

Terms and Conditions of Sales

1. General

1.1. These are the terms and conditions of sale of Otter Surfboards Limited (trading as Otter Surfboards), whose registered office is at Unit 6, Mount Pleasant Ecological Park, Porthtowan, TR4 8HL.  Registered with Company Number 07431022.  These terms apply to all purchases, online and otherwise, using www.ottersurfboards.co.uk.  We think it’s a really good idea for you to read this document before placing an order with us so that we all know what’s what.

1.2. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

2. Your Order

2.1. Every order that you place with us will be subject to acceptance in accordance with these Terms and Conditions.  When purchasing online the final details of your order will be set out on the “CHECKOUT” page prior to proceeding to the “PAYMENT” page.  Once your debit or credit card payment has been authorized then we’ll send you an e-mail confirming receipt of your order and containing an order number and details of what it is that you’ve ordered.  This e-mail is not an order confirmation or order acceptance from Otter Surfboards.  We reserve the right to cancel any order and/or refuse access to the website.  If there are any errors in your order then it is your responsibility to inform us immediately.

3. Product Guarantee

3.1. Otter Surfboards are hand crafted products. All our surfboards are warranted to be made from the finest materials to the highest specifications and standards by an experienced group of craftsmen.  Our products are guaranteed to perform as intended by the shaper and designer.  Our products are not guaranteed against breakage or damage, however caused, simply because the circumstances of use are out of our control. Riding waves is a dynamic pursuit that places huge demands on equipment; even small waves can create sufficient hydraulic pressure to snap a surfboard.

3.2. Otter surfboards offers a limited guarantee against possible defects in materials and craftsmanship of surfboards and handplanes for 6 calendar months, commencing on the date that the product was purchased.  In the event of a defect arising during the guarantee period please get in touch at [email protected] or on +44 (0)7738 688165 so that we can make things right.

3.3. In such an event Otter Surfboards will repair your product, or replace it with a similar product, free of charge.  When making a claim you will need to provide your original dated receipt or invoice from Otter Surfboards.

3.4. This guarantee does not cover any damage caused by misuse or neglect, accidents, abrasion, exposure to extreme temperatures, solvents, acids or normal wear and tear through intended use.

3.5. This guarantee does not cover the cost of returning the product to our nominated repair location.

4. Price And Payments

4.1. All final prices are quoted in UK Pounds Sterling and are subject to additional item specific standard delivery charges.

4.2. Any discounts that we offer are time limited and are dependent on product availability.  Accordingly, the prices of such products may change from time to time.  Otter Surfboards reserves the right to discontinue any discounts and offers at any time and without prior warning.

4.3. When ordering through our website payment will take place through Paypal, which is an off-site gateway. You therefore accept Paypal Terms and Conditions, which can be found HERE. If we are unable to supply the product that you have ordered, we will contact you at the earliest possible time by telephone and/or e-mail to offer you either a full refund or a substitute product.  If we do not receive a response from you within 7 days of our first attempt to contact you, we will refund the total amount we deducted from your debit or credit card.

4.4. We will endeavor to ensure that all of the prices displayed on our website are accurate.  But we’re all human and we can’t guarantee that we won’t make an accidental typo at some point in the future.  If we find an error in the price of a product that you have ordered then we’ll contact you immediately.  If a product’s correct price is lower than the price stated on the website then we will charge the lower amount to your debit or credit card and ship the product off to you.  If it’s the other way though and the product’s correct price is higher than that stated on the website then we’ll be in touch so that you can choose to either continue your purchase at the correct price or cancel your order.  If we can’t get hold of you or you don’t respond to our e-mails within 7 days of our first attempt to contact you then we’ll deem the order cancelled, and we’ll refund the total amount that we deducted from your debit or credit card.

4.5. For deliveries outside of the UK and the European Union, you may be required to pay import duty, custom charges or other local taxes. Customs policies vary widely from country to country so please contact your local customs office for further information. Please note that the payment of any import duties, customs charges, local taxes or any administration charges paid to couriers in relation to these fees, is for your own account. Otter Surfboards Limited cannot be held responsible for the payment of any of the abovementioned charges.

5. Delivery

5.1. We will attempt to deliver the Goods to the place designated by you in the accepted order, during normal business hours.  We may employ a third party company as our carrier to make these deliveries.

5.2. Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any quotation, dispatch note or otherwise, is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control.

5.3. The delivery costs, as quoted, are for your account.  A delivery charge will be added to your order prior to acceptance, and will be paid by you. 

5.4. Handplanes, accessories and apparel orders are shipped by Royal Mail within the UK and European Union.

5.4.1. Standard shipping uses Royal Mail First Class shipping  and will only insure contents for up to £20 in value, so for the majority of our orders, the contents will not be covered. You order should arrive with you between 2-3 working days, but this is not guaranteed.

5.4.2. Special Delivery shipping will insure orders for up to £500 and guarantee delivery by 1p.m. the next day. Your parcel will also be traceable and we’ll have the tracking number, so get in touch if you need to know where it is

5.4.3. European orders will be shipped using Royal Mail International Mail. 

5.5.   For our surfboards, delivery within England and Wales is likely, but not guaranteed, to be £120. Though sadly the surfboards are deemed to be “uninsurable” by any courier, so your surfboard will not be covered whilst in transit and this happens to be one of the highest-risk periods for your purchase. We will do everything we can from our end by packing it well and covering it with ‘fragile’ and ‘top-load only’ stickers.

6. Risk And Title

7. Ownership of the Goods and the risk of damage to the Goods will pass to you upon products leaving our hands. The delivery of an item is something that concerns you the customer. 

8. Damage Or Loss In Transit

8.1. If the Goods have been delivered by the chosen carrier and have been damaged or lost in transit then let us know and we can happily chase the delivery up for you and keep you informed of our progress. However, we must stress that the delivery method is your choice and not all options come with a guarantee. See above.

8.2. Once you have received any compensation, get in touch and we can arrange to replace your item(s) as soon as possible.

9. Your Right Of Cancellation

9.1. Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any Goods within 14 working days of delivery.  A working day is any day other than weekend and bank or other public holidays, when you should be outside having fun.

9.2. We are obliged to exchange the Goods or provide you with a full refund provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered, unused and preferably in the same protective packaging that the Goods were delivered in.

9.3. When returning Goods to Otter Surfboards we recommend that for your own protection you use a recorded delivery service.  You are responsible for the cost of returning the Goods to us, unless we delivered the items to you in error or the Goods are faulty.

9.4. If you choose to exercise your right of cancellation after the Goods have been delivered to you, please return the item(s) to Otter Surfboards, Krowji, West Park, Redruth, Cornwall, TR15 3AJ, United Kingdom.  Wherever possible, you should repackage the unused goods securely in the original packaging.

9.5. If you do not return the Goods as required by this Contract, we may charge you a sum not exceeding the direct costs of recovering the Goods.

10.   Limitation Of Liability

10.1. To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any product purchased from Otter Surfboards Ltd or the use of or inability to use any such product including, but not limited to any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect or incidental damages.

10.2. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid for the product in question.

10.3. This does not include or limit in any way our liability:

10.3.1. For death or personal injury caused by our negligence;

10.3.2. For fraud or fraudulent misrepresentation;

10.3.3. Under section 2(3) of the Consumer Protection Act 1987; or

10.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4. Surfing and bodysurfing are activities undertaken at your own discretion in a dynamic and potentially lethal natural environment.  We recommend that you are aware of your personal limitations and use all necessary and appropriate equipment for the conditions to ensure your own personal safety.  Take appropriate advice and stay safe out there.

11. Governing Law

11.1. This Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.

11.2.  No waiver by us of any breach of the Contract by You, is considered as a waiver of any subsequent breach of the same or any other provision.

12. Amendments

12.1. We reserve the right to make changes to these Sale Terms at any time.  You will be subject to the Sale Terms in force at the time you place your order with us.

Have you really just read your way through all of that?  Well done you!  We’re sorry that it’s so wordy and legal but it’s just the way that things have to be these days.  We’d now recommend giving your brain a break and going for a surf, or, if it’s dark or flat or windy, putting the kettle on and sitting back with a cup of tea.

Prize Draw Terms and Conditions:

 

1.     No purchase necessary to enter the prize draw.

2.     This prize draw is open to persons aged 18 years or over, with the exception of employees of Otter Surfboards Ltd, their families, agents and anyone else connected with this promotion.

3.     Entries must be received by midnight on 25th January 2013. Otter Surfboards Ltd accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach Otter Surfboards Ltd by the relevant closing date for any reason. Entries via agents or third parties are invalid. Entries become the property of Otter Surfboards Ltd and are not returned.

4.     Only one entry per person. No entrant may win more than one prize.

5.     All correctly completed entries will be entered into a prize draw which will take place on 28th January 2013. The first entry drawn will be the winner.

6.     A correct entry consists of either a ‘share’ of our post or a new ‘like’ of the Otter Surfboards Ltd fan page on Facebook.

7.     The prize is one of our handplanes of any available shape and colour, or one of our hoodies of any available size and colour. The prize includes postage and packaging.

8.     Prizes are subject to availability.

9.     In the event of unforeseen circumstances, Otter Surfboards Ltd reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.

10.  The winner will be notified via Facebook messaging by February 1st 2013. The winner must claim their prize within 14 working days of Otter Surfboards Ltd sending notification. If the prize is unclaimed after this time, it will lapse and Otter Surfboards Ltd reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.

11.  To obtain details of the winner please email [email protected] stating the name of the prize draw in the subject heading four weeks after the closing date.

12.  Otter Surfboards Ltd will use any data submitted by entrants only for the purposes of running the prize draw, unless otherwise stated in the entry details. By entering this prize draw, all entrants consent to the use of their personal data by Otter Surfboards Ltd for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.

13.  The winner agrees to take part in reasonable post event publicity and to the use of their name and photograph in such publicity.

By entering the prize draw each entrant agrees to be bound by these terms and conditions.

 

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