Terms and Conditions of Sale
These Terms and Conditions of Sale (these “Terms of Sale”) govern all aspects of your purchase of products and / or services via any Freshwater Bay Paddleboard Co website. In these Terms of Sale, “you” refers to you as our customer “We”, “Us” and “Freshwater Bay Paddleboard Co” refers to Freshwater Bay Paddleboard Company Limited, a limited liability company incorporated in England with its registered address at Freshwater Bay Paddleboard Company Limited, Cambridge Lodge, Gate Lane, Freshwater, PO40 9QD, United Kingdom. with company registration number 12951301 and VAT number 361735201. We can be contacted by email: firstname.lastname@example.org
- Our Contract
1.1 By placing an order with Us you are offering to purchase a product or service on and subject to these Terms of Sale. All orders are subject to availability and confirmation of the order price.
1.2 When you place an order or complete the payment approval process, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”).
1.3 If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation.
1.4 our contract for your purchase of products is exclusively with Us and governed by these Terms of Sale, despite any arrangements you may have made or discussions you may have had with any third parties. Please see Section 8 for further details.
2.1 Except regarding Custom Products as provided in Section 2.3 and services as provided in section 2.4, you can cancel your order for a product at no cost any time before we send you the Dispatch Confirmation relating to the applicable product. You can do this by notifying us of your cancellation at email: email@example.com
2.2 You can also cancel your order for any reason within the later of:
(a) 14 calendar days from the date on which you or a third party indicated by you (other than the carrier) receives the products purchased (or last product, lot or piece if it relates to products or multiple lots or pieces delivered separately).
(b) 28 calendar days from the date of the Dispatch Confirmation.
To cancel your order, follow the instructions in your order confirmation email.
You are responsible for returning the products to us. Provided that the products are returned to us within a further 14 days from the date of your order cancellation, then upon our receipt of the returned products, we will reimburse you for the amount you paid for the products purchased including our standard delivery charges (but not the additional cost of any special or premium delivery service you may have selected).
You bear the responsibility for returning the products to us and you may also be liable for a deduction if the value of the products returned has diminished due to their handling. We will use the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
- Pricing and Availability
3.1 All product pricing is provided online. All prices are inclusive of legally applicable VAT.
3.2 Delivery costs are calculated in the online checkout depending on the size of your order and the courier service you elect to deliver your order.
3.3 In the event a product has been mispriced, is unavailable or has a typographical error due to an honest mistake and a product’s correct price is higher than the price on the website, including any associated delivery charges, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Deliveries are performed via UK Royal Mail or another reputable courier service as described here. Dispatch and delivery time projections are estimates only. We do not guarantee delivery times and they should not be relied upon as such. Under no circumstances do we supply goods or services where time is of the essence.
When ordering products for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance and other handling charges must be paid by you, as we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
- Our Liability
Freshwater Bay Paddleboard Co will not be responsible for: (i) losses that were not caused by any breach on our part, (ii) any delay or failure to comply with our obligations under these Terms of Sale which arises from any cause which is beyond our reasonable control, (iii) any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these Terms of Sale limits or excludes our responsibility for fraud or fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct, or any other liability that under applicable law may not be so limited or excluded.
To the fullest extent possible under applicable law, except as expressly set out in these Terms of Sale we exclude any and all terms, conditions, warranties and representations of any kind whether express or implied, in relation to our products. However, this does not affect any of your statutory rights including in relation to products that are not of satisfactory quality, or your contract cancellation rights.
- Third Parties
8.1 We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with agreements or arrangements that you enter into with third parties, or your use of or reliance on any content, goods or services available on or through any third party sites or resources or in general any dealings with any third parties. If you have any problems or disputes in connection with such third party agreements, please address them directly with the applicable third parties.
8.2 Furthermore, Our websites may provide, or third parties may provide, links to other third party websites or resources. Because we have no control of such third party sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources, including their processing of personal data, which may differ from our policies.
- Disputes Governing Law
9.1 These Terms of Sale, their interpretation, the rights and remedies provided hereunder, and any and all claims and disputes related hereto, or the breach, termination or validity thereof, the relationships which result from or pursuant to these Terms of Sale, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of England and Wales, without respect to its conflict of laws principles.
9.2 You and we submit to the exclusive jurisdiction of the courts of England, in relation to any dispute arising out of or in connection with these Terms of Sale, provided that we may seek injunctive or other appropriate relief in any country or region if you have violated or threatened to violate the intellectual property rights of Us or a third party.
- Amendments to these Terms of Sale
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time that you order products from us, unless any change to those Terms of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
If any part of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining parts.
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.