Terms & Conditions

LEGAL INFORMATION

44SURFSHOP SURFING COMPANY S.L.

C/ Hilarion Eslava 44,
28015 Madrid (Madrid), Spain.
Tel.: (+34) 91 543 66 08

www.44boardshop.com

Commercial Register: registro mercantil de Madrid -tomo 33310, folio 210, inscripción 1 con hoja M-599510

VAT identification number: ESB87246682

TERMS & CONDITIONS


1. INTRODUCTION

1.1. The Terms & Conditions of sale detailed below only govern the contractual relationship between the User/Customer, hereafter referred to as «You» and 44BOARDSHOP Retail Services hereafter referred to as «We» and as «44BOARDSHOP». This Terms & Conditions of sale are applicable only to the 44BOARDSHOP' Websites: www.44boardshop.com, www.44boardshop.co.uk, www.44boardshop.de, www.44boardshop.fr, www.44boardshop.it, www.44boardshop.pt, www.44boardshop.es.

1.2. Both parties accept these conditions unreservedly. These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our Terms & Conditions of sale, having read them. These Terms and Conditions of sale are important for you and 44BOARDSHOP as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between both.


2. ORDERING A PRODUCT

2.1. You must be at least 18 years old to order.

2.2. You have to place the order on our Websites: www.44boardshop.com, www.44boardshop.co.uk, www.44boardshop.de, www.44boardshop.fr, www.44boardshop.it, www.44boardshop.pt, www.44boardshop.es. (24 hours a day and 7 days a week).

The ordering process consists of 5 easy steps:

* You choose the products you would like to buy and confirm your basket. If you are interested by an article visible on the Websites follow this process to place the order. After clicking on the "Add to basket" button and verifying the characteristics of your order (colour, amount, size, price, etc…), you validate the choice of one or more selected products with a click.

* You choose your delivery method.

* You fill out the customer form: for the first order, the Customer has a form to fill-out containing the following information: title, first name, surname, complete delivery address, email, and telephone number.

* You select your method of payment.

* You accept the general terms and conditions of sale by ticking the box reserved to this effect on the order summary page.

2.3. When you place an order, you will receive confirmation in the form of an email.

2.4. If you submit an order for goods via this site by clicking "I accept", your order is an offer to us to buy the goods on our Websites. We will acknowledge receipt of your order by sending you an [automatically generated] email acknowledging your order. This is an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate email.

2.5. The selection on our site is live and reflects what is in stock at that moment. Placing an item in your shopping basket does not guarantee your right to purchase that item. Until you have completed the checkout process, another customer may purchase the item even if it is in your basket.

2.6. 44BOARDSHOP reserves the right to not accept or cancel any orders made on our websites.


3. PRODUCT SPECIFICATION

3.1. Published product details, specifications and suitability information is the best available at the time. 44BOARDSHOP shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s required for the repair of an item. If you have ordered an item that has an unsuitable product description we will remedy this by providing you a full refund upon the return of the item.

3.2. We encourage you to ensure all spare parts are fitted by a competent person in accordance with manufacturer specifications. 44BOARDSHOP cannot be held liable for any damage caused by the fitting of a spare part.

3.3. Please ensure that you have read your warranty conditions before attempting to install a part or otherwise an repair item. 44BOARDSHOP cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified technician.


4. PRICING

4.1. The prices for the products are indicated as below:

*- For European Union customers:

In accordance with the laws governing members of the European Union, 44BOARDSHOP is obliged to charge VAT on all orders delivered to destinations in member countries of the EU. The price displayed for each item sold by us includes VAT. However if we are shipping your order to a tax-free zone within the EU, we can deduct the VAT on prices, you just have to send us an email via our Customer Enquiry Form. We will remove the VAT when we invoice the order.

*- For other customers outwith the European Union:

VAT does not apply to orders that are to be shipped outside the European Union or to Tax Free Areas such as the Canarias Island, Channel Island (If you have any doubts about Tax Free Areas, please contact our Customer Services Team). These areas will be priced and billed with VAT deducted. Please note that local tax and customs duty may apply. For full details please consult your local Customs office.If you select a currency or a delivery country outside the European Union, prices will be displayed VAT free.


5. AVAILABILITY / ESTIMATED DELIVERY TIMES

5.1. We do our best to ensure availability of all advertised products and endeavor to dispatch all parts within the quoted time. If there is a delay we will inform you of this via email and the product will be dispatched as soon as it is available.

5.2. We have no liability to you for any delay in the delivery of products ordered. We will do our best to get all orders sent out as quickly as possible.

5.3. Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete we will inform you as soon as possible and offer you an alternative if available.


6. DELIVERY OF PARCELS

6.1. We will ship your parcel to the delivery address you indicated in the Personal Details form.

6.2. On our website, more specifically in your shopping basket, the exact shipping cost will be indicated before you finalise your order.

6.3. If an item is listed on our website as "In Stock" the time between the process of placing your order and the date when the courier delivers your parcel to the determined delivery address, is bound to 2 factors:

1. The shipping time: validation of your payment + preparation of your order + reception of your parcel by the courier service agent.
2. The time of delivery by the courier service agent. You will be informed from the beginning of this process, from the moment you receive an e-mail confirmation about your order being dispatched.

6.4. Your parcel will be prepared for shipment once your payment is processed and received correctly. Your parcel will be shipped using one of the following options you can choose:

For shipments within the European Union:
• TNT: Air transport. The available items will be delivered to you 1-2 working days after the shipment is done.
• CORREOS EXPRESS – GLS – DPD – PARCEL FORCE: ground transport; The items will be delivered to you 1-5 working days after the shipment is done (depending on the destination country).

For shipments outside of the European Union:
• TNT. The available items will be delivered 2-5 working days after the shipment is done (depending on the destination country). Our courier service partners do not deliver parcels to PO boxes, military addresses or hotels.

6.5. We indicate all process times in working days, excluding saturdays, sundays and bank holidays. If for any reason within the control of 44BOARDSHOP, the processing time is exceeded, we will inform you about the situation and propose an alternative solution.

6.6. The client is bound to be, either him/herself or any other designated person,at the delivery address. In the case of absence of the receiver, the courier will insist with several delivery attempts. If after these attempts the delivery is still unsuccessful, the parcel will be sent back to 44BOARDSHOP. After receiving the parcel, we will process a refund of the amount paid for the items. The shipping costs will be at the client's expense.


7. SECURE PAYMENT

7.1. 44BOARDSHOP uses Redsys to guarantee the security of your payments. 44BOARDSHOP has chosen to assure payment security with Redsys by encrypting the connection when transmitting information on the network. When you see the payment sign, you will know that your payment is secure. The name Redsys may appear on your bank account statement.



Redsys

7.2. Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons.

7.3. 44BOARDSHOP offers 3 methods of payment and other local payment methods.

- By Credit/Debit card:

We accept Visa, MasterCard, Maestro and American Express. Your Credit/Debit card will be charged at the time of placing your order through our secured payment gateway: Redsys. For online payment made by credit card, the "Secure Socket Layer" (SSL) security system is used, which allows for encrypting your banking information when on the network.

- By Bank transfer payments:

You will find our banking details when finishing the order as well as by email on the order confirmation (mail sent by Redsys); you will be able to perform the transfer at your bank. As soon as we have received your payment, the order will be shipped. Before selecting bank transfer as your payment method, please be aware that your bank will charge you an international transfer fee, therefore increasing the overall cost of your order. Once your payment is received, we will dispatch your goods. The processing of off-line payments may take several days.

Important: If you choose Bank Transfer as a payment method, your ordered items will be reserved or backordered once your payment is accepted on our account.

Important: Please transfer the total invoice amount using your name and the reference indicated when you are finishing the order.

- By PayPal :

You can pay quickly and securely with your PayPal account or your debit/credit card without sharing your financial information with 44BOARDSHOP. PayPal uses the latest in data encryption and anti-fraud technology to help keep your information secure, reducing the risk of online fraud.

Unfortunately, we do not accept cheques or postal orders, eurocheques, cash in any currency or International debit cards.

- Other local payment methods:

For Austria: DIRECTebanking 

For Belgium: DIRECTebanking - Local Bank Transfer Account 

For Denmark: Local Bank Transfer Account

For Finland: Suomen Verkkomaksut 

For France: Carte Bleue 

For Germany: Giropay – Sofortüberweisung – Local Bank Transfer Account – DIRECTebanking 

For Netherlands: iDeal - Eenmalige machtiging - Local Bank Transfer Account 

For Norway: Local Bank Transfer Account 

For Poland: Dotpay - Local Bank Transfer Account 

For Sweden: Local Bank Transfer Account 

For United Kingdom: Maestro - Local Bank Transfer Account

7.4. 44BOARDSHOP reserves the right to refuse an order placed which has not been totally paid.

7.5. 44BOARDSHOP controls all the orders that have been validated on the Websites. These controls aim to protect 44BOARDSHOP from abusive practices operated by a fraudster. Our services might ask you to provide additional information to unblock your order: proof of address or billing for the personindicated as the recipient. These requests will be made by email for example, for orders with delivery address different to the billing address.


8. CREDIT CARD SECURITY

8.1. In order to ensure secure payments, we offer the use of secure servers where information is protected by Secure Sockets Layer (SSL), the industry standard encryption technology. SSL works with Netscape Navigator, Microsoft Internet Explorer, AOL and other browsers. This encryption makes it virtually impossible for unauthorized parties to read any information that you send us.

8.2. When your order is processed your encrypted credit card number is removed from the web server. This means that there is no way that someone can obtain your credit card number from CRC so you can order with confidence! Please be aware that in the interests of credit card security you may be contacted prior to the dispatch of your order with a request for additional information.


9. SATISFIED OR YOUR MONEY BACK

9.1. Right to cancel:

The Distance Selling Regulations give you the right to cancel your purchase of an item without having to give a reason. Within 14 days beginning the day after the day on which you received the goods (a "cooling off period").

You must notify us of your cancellation in writing or in another durable medium by e-mail to our contact page or to our contact address: C/ Hilarion Eslava 44, 28015 Madrid (Madrid), Spain.

9.2. Cancellation consequences:

If you are in possession of the goods you are under the duty to retain the ítem and take reasonable care of them. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) as soon as possible.

Once you have notified us that you wish to cancel the contract, any sum debited to us from your credit card will be recredited to your account as soon as possible and in any event within 30 days of your cancellation.

Where we collect an item from you we reserve the right to charge the direct costs of recovery from the payment card used for the original order.

9.3. Refunds policy:

* If you return the goods to us because you have cancelled your purchase before has been shipped, we will process the refund within 30 days after you have given notice of your cancellation. In this case, we will refund the price of the goods in full. If you return an ítem to us within 30 days after receipt (cooling-off period), we will refund the cost of the item to you once this can be registered in our Returns department.

* If you are not satisfied with a product for any reason beyond our responsibility, you can send it back to us at your expense. Once we receive the product and confirm it has been returned to us in unused/unworn conditions and with the original labels and packaging, we will refund the amount you paid for the product, not including any of the generated postage costs.

* If we delivered a different product or size than the one you stated in your order, we will organise a collection for it at our expense. Once we receive the product and confirm it has been returned to us in unused/unworn conditions and with the original labels and packaging, we will refund the amount you paid for the product and shipping.

We will refund any money received from you using the same method originally used to pay for your purchase.

You must notify us of your cancellation in writing to our Customer Enquiry Form, if you are already in possession of the goods.

While you do not need to give us any reason for cancelling your contract and nor will you have to pay any penalty, it is essential that you return the goods to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the goods while they are in your possession.


10. RETURNS

10.1. You have the right to cancel your order, or return an already received item for refund within the 14 days “cooling off” period, explained in our refunds policy.

* We will happily refund any item purchased on 44BOARDSHOP´ Websites.

* We cannot accept returns on clothing that has been personalized e.g. with name printing or without label.

* A completed returns form has to be included in all returned parcels.

* We will issue any refunds to the method of payment that was used for the purchase. The refund process may take several days to be completed, depending on the respective bank or credit card company.


11. PRODUCT GUARANTEES

11.1. All our products have 2 years international manufacturer’s guarantee. If you find a defect, you may send us some pictures on which the defect is visible, so we can send them over to the manufacturer. When the manufacturer confirms that the defect is covered by warranty, we will organise a collection for the item and send it to the manufacturer once we receive it. They will then decide whether the item will be repaired or replaced by a new one.

- In the case of repair, the repaired item will be sent back to you.
- In the case of replacement by a new one, you can request to have the new item shipped to you at our expense, or to get the amount you paid for the item and shipping refunded to you.

11.2. The legal guarantee concerning product conformity does not apply in some cases:

*- when damage is caused by external factors such as shocks, lightning, power surges, rust and sand.

*- when damage is caused by the customer's non-respect of the manufacturer's instructions regarding the use and installation of the product.

*- when damage is caused by the customer's misuse of the product.

*- when the customer is aware of damage to the product at the time of placing his order.


12. RESPONSIBILITY

12.1. For all stages, from access to the Websites, browsing, filling in forms, placing an order, delivering items or any other service, 44BOARDSHOP only has an obligation for due care. Therefore, 44BOARDSHOP cannot be held responsible for any inconvenience or damages arising from the use of the Internet and completely outside the diligence and precautions taken by 44BOARDSHOP.

12.2. In particular, 44BOARDSHOP cannot be held responsible for any disruption in provision of the service, or any external intrusion or presence of a computer virus. Customers benefit from guarantees offered by the brands listed on the Websites.


13. REVIEWS & COMMENTS

13.1. We encourage you to leave reviews, suggestions and product questions on our Websites. Regularly monitor this content we reserve the right to remove, reject or edit it at any time. When submitting information to our Websites as a review, product question or customer comment you understand that what you have submitted is not copyright protected and you are permitting its appearance on the 44BOARDSHOP' Websites.


14. INTELLECTUAL PROPERTY

14.1. 44BOARDSHOP creates the majority of pictures and descriptions for the Websites. This information is copyright of 44BOARDSHOP and may not be used by any other party without express permission of 44BOARDSHOP.


15. PRIVACY POLICY

15.1. 44BOARDSHOP is committed to protecting your privacy. We will only use the information that we collect about you lawfully. We collect information about you for 2 reasons: firstly, to process your order and secondly to provide you with the best service possible. Removal from our mailing list can be done at any point by contacting our Customer Service Team.

15.2. The type of information we will collect about you when you place an order or register on our Websites includes:

*- Address

*- Phone Number

*- Email Address

*- Credit/Debit card details

15.3. This information is already stored on our internal systems and our Websites simply verifies you as a customer of 44BOARDSHOP. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information that we hold will be held securely in accordance with our internal security policy and the law. We will not transfer or sell your information. We may use technology to track the patterns of behaviour of visitors to our Websites. If you have any questions/comments about privacy, you should email us at lopd@44BOARDSHOP.com.

15.4. We use the information you provide for the following purposes:

*- To send updates regarding the status of your enquiry or order.

*- To improve the design and content of the 44BOARDSHOP´ Websites.

*- To understand the buying behaviour of our registered users.

*- To perform other general marketing and promotional activities focused on our products and services.

15.5. When you place an order we need to know your name, email address, delivery address, credit or debit card number and the card's expiry date. This allows us to process and fulfill your order and to notify you of the status of your request. We may also ask for your telephone number which enables us to contact you urgently if there is a problem with your order.

15.6. By submitting information to 44BOARDSHOP you consent to the collection and use of this information by 44BOARDSHOP and its Service Provider (if any). If we decide to change our privacy policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it.

15.7. We have designer our Websites to protect the information we collect online from unauthorized access. We safeguard your private information by implementing the appropriate physical, electronic and managerial procedure necessary to protect your privacy. To further protect your security, we also take the reasonable steps to verify your identity before granting access to your personal profile or making data changes. We are committed to protecting your privacy and have security measures in place to prevent unauthorized access to and disclosure of your personal information.

15.8. For statistical data, 44BOARDSHOP places a cookie (small text file) in your computer. Cookies are not harmful for your computer and can be read only by the websites that placed it in your computer. They are not virus spreaders, and cannot be used to search your hard drive. This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google").  Google Analytics uses "cookies", which are text files placed on your browser, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For further information see our Cookies page.

Our website uses social plugins ( "Plugins") of the facebook.com social network, which is operated by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins are marked with a Facebook logo or with the words "Facebook social Plugin".If you visit one of our websites, which contains such a plugin, your internet browser connects directly to the servers of Facebook. The content of the Plugin is transferred directly to your browser and is integrated to the website.

By integrating the plugin, Facebook receives the information that a corresponding website of ours has been viewed. If you are logged into Facebook, Facebook can assign your visit to your account. If you interact with the plugins, for example you confirm the "Like" button or make a comment, the corresponding information from your browser is sent directly to Facebook and saved there as well.

To find out the purpose and extent of the collection of data, the further processing and usage of your data by Facebook as well as your rights and possible settings to protect your privacy please consider the privacy statement of Facebook.

15.9. The above privacy statement may not be applicable in all countries of 44BOARDSHOP visitors or registered community users, as security policies may vary according to the individual Internet laws in each host country.

15.10. If we decide to change our Terms and Conditions, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

15.11. We put a lot of time and effort into describing and photographing the products we sell using manufacturer's Websites, catalogues, our own photography studio and often our own descriptions of the products. Although we aim that every picture and description is 100% accurate, mistakes do occur so let us know if you see or read something that isn't correct. If you have purchased something based on a picture or description on the Websites which turns out to be incorrect we will be happy to replace or refund the product (unused).

15.12. Unless otherwise stated, all rights, including copyright, in the content of these 44BOARDSHOP´ Websites are owned and controlled for these purposes by 44BOARDSHOP. In accessing 44BOARDSHOP´ Websites, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of these 44BOARDSHOP pages for any other purpose whatsoever, in any medium, without the prior written permission of 44BOARDSHOP.


16. DATA PROTECTION

16.1. The contract´s content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons your order´s data are not available via internet. We keep these data in confidence according to our privacy policy