Terms

Terms & Conditions

A) Definitions

These terms and conditions will refer to the following definitions below:

  • E-shop: means Swell Hunter’s web shops;
  • Right of Withdrawal means the option that the Consumer has to decide against conclusion of the Distance Contract within the Cooling-Off Period;
  • Distance Contract: means an agreement in respect of which Swell Hunter has organised a system of distance product sales using only one or more techniques for distance communication up to conclusion of the agreement;
  • Day: means a calendar day;
  • Technique for Distance Communication: means any method that can be used to conclude an agreement without the Consumer and Swell Hunter meeting concurrently in the same room;
  • Cooling-Off Period: means the term within which the Consumer may exercise his or her Right of Withdrawal;
  • Consumer: means a natural person who does not act in the course of a profession or business and who enters into a distance contract with Swell Hunter;
  • Working day: Monday to Friday excluding public holidays.

B) Scope

i) These General Conditions apply with effect from 24 November 2015 to all offers of Swell Hunter in its E-shops and to all Distance Contracts entered into with Swell Hunter.

ii) In addition to these General Conditions, supplementary conditions may apply to certain products where this is expressly indicated.

C) Offer

i) The description of products will be sufficiently detailed to allow the Consumer to appraise the offer adequately. The offer will include a full and accurate description of the offered products and will show a true and fair view of the product’s characteristics and features. Any pictures used by Swell Hunter may be modified to improve the quality of the image for users’, but will still be a faithful representations of the products offered. Obvious errors or mistakes should be notified to Swell Hunter by the ‘Contact Us’ button on the homepage. Any offers on manifest errors will not be binding for Swell Hunter.

ii) If an offer has a limited term of validity or involves certain conditions, the offer will expressly state so.

iii) The website will contain information that makes it clear to the Consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

  • • the term for acceptance of the offer or the term within which the price will be honoured;
  • • the methods of payment, delivery or performance of the agreement;
  • • delivery costs, (only applicable for non-UK mainland standard delivery);
  • • the manner in which the agreement will be formed and the transactions necessary for that purpose; and
  • • whether or not the Right of Withdrawal applies.

D) The Swell Hunter Agreement

i) The agreement will have been formed once the Consumer electronically accepts an offer of Swell Hunter, subject to the provisions of 3ii);

ii) Swell Hunter will promptly issue an electronic order confirmation to confirm receipt of acceptance of the offer upon the Consumer's electronic acceptance of the offer. Provided the receipt of that acceptance has not been confirmed, the Consumer may cancel the agreement.

iii) Swell Hunter will adopt suitable technical and organisational measures to protect the electronic transmission of data and will provide a secure web environment. Swell Hunter will adopt suitable security measures for electronic payment by the Consumer.

iv) Third parties PayPal and Stripe will be use as facilitators of payment and Swell Hunter cannot be held responsible for any loss experienced as a direct or indirect result of payment through these third parties.

v) Within the scope of the law, Swell Hunter may verify the Consumer's ability to fulfil his or her payment obligations and the facts and factors that are relevant to entering into the Distance Contract in a responsible manner. If those inquiries give Swell Hunter sound reasons not to enter into the contract, it may deny an order or application.

E) Prices and Delivery Charges

i) The prices will be those in effect at the time of ordering a product. All prices will be denominated in GBP.

ii) The price does not include any conversion costs which may occur when using PayPal or Stripe to pay for Swell Hunter goods. Swell Hunter will not be held responsible for any curreny conversion and/or any other costs associated with fulfilling payment on Swell Hunter’s site using Stripe and/or PayPal.

iii) Special price offers, including discounts, will be valid only for the validity term stated in the offer and will be subject to products being in stock. The statement to that effect will be posted on the website in relation to the special price offer; or on another form of media specifically used by Swell Hunter for its marketing purposes.

iv) Prices quoted in the E-shop are exclusive of shipping charges unless otherwise stated. The amount of the shipping and return charges does not depend on the volume of products ordered, but on the total order value or any campaigns applicable.

F) PAYMENT/REFUNDS

i) The available payment methods are Stripe and PayPal. The available payment methods are displayed in the E-shop.

ii) Information on Stripe can be found: https://stripe.com/gb

iii) Information on PayPal can be found: https://www.paypal.com/uk/webapps/mpp/home

iv) Swell Hunter will not store any credit or debit card data. Acceptance of the applicable payment methods’ terms and conditions must be accepted prior to payment.

v) If a payment term has been agreed by Swell Hunter, the Consumer will be in default by the mere expiration of that term. Payment terms may be agreed in writing only on the conditions stipulated at that time.

vi) If Stripe or PayPal is selected as payment method, the conditions of the relevant credit card issuer; Stripe or of PayPal will apply. Swell Hunter is not a party to the relationship between the Consumer and the credit card issuer.

vii) The Consumer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that Swell Hunter will incur due to the Consumer's failure to fulfil his or her (payment) obligations.

viii) In the event of late payment, Swell Hunter will be authorized to terminate the agreement with immediate effect or suspend (further) delivery until the Consumer has fulfilled his or her payment obligations in full, including payment of the costs.

G) Delivery

i) Currently Swell Hunter delivers to customers who have an address in Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Northern Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Luxembourg, Romania, Slovakia, Slovenia, Spain and Sweden.

ii) Swell Hunter will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible. Subject to the provisions of paragraph E of this Article, the average delivery time is four to five business days from the order date if a product is in stock for mainland UK. Other countries will have a substantially longer average delivery time.

iii) If delivery cannot be made within the average term or cannot be made at all, for example, because a product is out of stock, the Consumer will be informed accordingly as quickly as possible.

Swell Hunter will not be liable for any loss whatsoever due to a quoted delivery term being exceeded.

iv) Unless a longer delivery term is agreed, Swell Hunter will fulfil the order within 20 days. If the order cannot be fulfilled within 20 days, Swell Hunter will inform the Consumer accordingly, and the Consumer will have the right to cancel the agreement at no cost.

H) Returns / Right of Withdrawal

i) The Consumer is required to inspect the products (or have them inspected) immediately after receipt.

ii) Goods should not be accepted from the courier if the box appears visually damaged from the outside.

iii) The Consumer has the right to cancel the purchase without giving any reason within 14 business days of delivery of the product in question providing that the products have not damaged and/or used. A product must be returned in its original undamaged packaging.

iv) Without prejudice to the Consumer's statutory rights, the Consumer may cancel the purchase in the way described above by contacting Swell Hunter's customer service using the following link: http://swellhunter.co.uk/contact stating the words RETURN at the start of the message, the reason for the return (optional), and a telephone number for a member of our customer service team to contact the consumer on. The return shipping costs will be at the Consumer's expense.

v) If the Consumer has exercised his or her Right of Withdrawal described in 8iv), Swell Hunter will refund the amount paid by the Consumer including any applicable postage within 21 days of the cancellation of the purchase.

vi) Under a discount campaign, the Consumer has the right to cancel the purchase of the products without giving any reason within seven days of delivery of those products. If the Consumer wishes to cancel the purchase with regard to only one product, the original purchase price (without a discount) of the product less the total discount given in the order will be refunded to the Consumer;

I) Transfer of Ownership

i) Swell Hunter will retain the ownership of the products until the Consumer has paid the full invoice amount and evidence of delivery has occurred to the consumer.

ii) Until the ownership has transferred, the Consumer may not create any charge on, sell, redeliver, and/or dispose of the products.

iii) The risks and rewards of ownership will transfer on delivery of the products to the Consumer.

J) Warranty

i) Swell Hunter products are covered by a 3 month warranty from the date of purchase;

ii) The warranty does not cover general wear and tear;

iii) Pictures will need to be provided prior to a warranty request being issued;

iv) The warranty is subject to a fair use policy. Swell Hunter products should not be used near rocks or any other areas that could cause damage to the board;

v) The warranty is not valid where a user’s actions have resulted in damage to the board;

vi) The warranty does not explicitly cover, without limitation to other restrictions, a peeling standing pad; any punctures to the board; rubbing off of the logo; damaged fins or a broken bag.

K) Associated Marketing

i) Swell Hunter may include links on its website to other websites that could be relevant or informative to visitors. Those links are included for informative purposes only. Swell Hunter is not responsible for the content of any website to which it refers or for the use that may be made of it.

L) Events Beyond Reasonable Control

Swell Hunter will not be obliged to fulfil its obligations towards the Consumer or the obligation will be suspended for the duration in which events arise beyond reasonable control, including but not limited to riots, industrial action, acts of God, terrorism, civil commotion, refusals to grant licences or permissions, fire, business interruption, power failure, failure of delivery or timely delivery by suppliers or other third parties hired and lack of any government permit required as well as extraordinary weather conditions. In addition, force majeure includes interruptions of any telecommunication or other network connection of the communication system used and/or unavailability of its website at any time.

M) Intellectual Property

1) The Consumer expressly acknowledges that all intellectual property rights of information, signs, announcements or other statements displayed in relation to the products and/or the website will vest in Swell Hunter, its affiliated companies, its suppliers or other right holders. 'Intellectual property rights' means patent rights, copyrights, trademark rights, drawing rights, design rights and/or other (intellectual property) rights, including generic rights to databases and topography of semiconductor products or other products as well as non-patentable technical and/or commercial know-how, methods and concepts.

2) That consumer agrees to refrain from any use that infringes the intellectual property rights described in this article.

N) Privacy

1) Swell Hunter will process the Consumer's data only in accordance with its privacy policy. A Privacy Policy is set out on the website and can be found at http://swellhunter.co.uk/privacy.

O) Applicable Law / Dispute Resolution

1) All agreements and offers entered into with Swell Hunter will be governed exclusively by UK Law.

2) The Consumer may submit questions and/or complaints by emailing contactus@swellhunter.co.uk with an estimated reply.