If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with Rusty Surfboards SA, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.

For T&C related to free delivery, click here

 

TERMS OF SERVICE


G-Surf import and export CC (“G-Surf”) provides its websites accessible at www.rustysurfboards.co.za (individually or collectively, the “Website”) to you subject to the following Terms of Use.  BY USING THE WEBSITE IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO G-SURF, YOU ARE AGREEING TO THE TERMS OF USE BELOW, PRIVACY POLICY, AS WELL AS THE, TERMS AND CONDITIONS OF SUPPLY AS THEY, MAY BE UPDATED AND AMENDED FROM TIME TO TIME. In addition, when using particular parts of the Website such as shopping, forums, watching videos, or blogs you agree to abide by any applicable posted guidelines for those services.  SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT PROVIDE SUBMISSIONS TO G-SURF. G-Surf may modify these terms of use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. G-Surf has the right but is not obligated, to strictly enforce the Terms of Use through litigation and prosecution.


Trademarks
 
Trademarks displayed on this Website are trademarks or registered trademarks of R..& Everything Else, Inc. and its affiliated companies in the United States and internationally. G-Surf has been granted an exclusive sub-license and right to use the Rusty name and trademark in the territory of South Africa, Mauritius and Reunion Islands by Rusty Surfboards Inc, the worldwide exclusive license holder.
 
Ownership of Website Content
 
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by G-Surf and/or its agents and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of G-Surf. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website. 
 
Submissions of User Content
 
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to G-Surf, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example, Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to G-Surf., including, for example, #rustysurfboards or #ourkind.  Such Submissions may be used on the Website and/or on other marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by G-Surf to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). G-Surf is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, G-Surf and its agents a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions. 
 
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use. 
 
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify G-Surf, our agents, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. 
 
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by G-Surf without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. 
G-Surf. reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. G-Surf is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of G-Surf, including its licensors and/or agents, and G-Surf. does not endorse any such opinions, statements, or materials.
 
You acknowledge and agree that G-Surf has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission. 
 
Feedback
 
Any questions, comments, suggestions, or other information about Rusty products or services submitted to G-Surf through this Website (“Feedback or Comments”) shall be deemed non-confidential and non-proprietary. G-Surf shall be free to use, reproduce, disclose and distribute such Feedback or Comments in any manner without limitation. G-Surf specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
 
Feedback and User Content
 
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback  or Comments and User Content originated. You understand that G-Surf does not control, and is not responsible for Feedback, Comments and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. G-Surf expressly disclaims any liability for such Feedback and User Content.  
 
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback, Comments and User Content, that you may not rely on said Feedback, Comments,  and User Content, and that under no circumstances will G-Surf be liable in any way for any Feedback, Comments and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback, Comments and User Content posted, emailed or otherwise made available. You acknowledge that G-Surf does not pre-screen or approve Feedback, Comments and User Content, but that G-Surf shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback, Comments  and User Content for any reason.
 
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. G-Surf expressly disclaims any liability for such organizations, events or individuals.
 
User Conduct
 
You agree not to transmit to G-Surf any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a G-Surf employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
 
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to G-Surf or Rusty Surfboards, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

G-Surf may refuse, delete, modify, edit or remove any Submissions at any time for any reason and G-Surf may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason. 

Establishing an Account
 
Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
 
Availability of Products, Services, Features and Content
 
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

External Sites
 
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that G-Surf is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.  

Confidentiality
 
Certain areas on this Website may contain G-Surf confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of G-Surf confidential information, may be a violation of G-Surf's rights and are strictly prohibited. By accessing G-Surf confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.

Copyright
 
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify G-Surf’s agent for notice of claims of copyright infringement ("Agent"), at online@rustysurfboards.co.za

You must provide our Agent with the following Notice: 
1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature. If valid, G-Surf will remove the infringing posting(s), subject to the applicable laws.
 
DISCLAIMER OF WARRANTIES
 
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, G-SURF DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, G-SURF DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
 
LIMITATION ON LIABILITY AND INDEMNITY OF G-SURF.
 
UNDER NO CIRCUMSTANCES SHALL G-SURF BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF G-SURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF G-SURF’S WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
 
You agree to indemnify and hold G-Surf, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees (the “Indemnified Parties”), harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your use of products or services, your breach of any of the representations and warranties herein, or your violation of any rights of another. 

You understand that participation in surfing can be dangerous. You expressly agree that surfing brings with it “inherent” risks, including falls and collisions. You recognize that falls, collisions and other incidents and accidents occur and injuries are a common and expected element of surfing and you understand that accidents, injury, illness, incapacity or death can arise in conjunction with participating in surfing. You agree that your participation in surfing is a conscious choice and you agree to accept and assume any and all risks in connection with surfing.
 
To the fullest extent permitted by law, you further agree to forever release, waive, hold harmless, indemnify, and defend the Indemnified Parties from and against any and all claims, demands, causes of action, liabilities, actions, and any and all medical expenses or other related expenses, including damage to property, asserted by others, by you, or on your behalf, your estate, executors, heirs, or assigns brought under any theory of legal liability, arising directly or indirectly out of your use of the products or services.  The above release includes, but is not limited to, any and all damages occasioned in the event of an incident, illness, or other incapacity, death, or damage to property, however caused.

Governing Law; Entire Agreement
 
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the PRIVACY POLICY or your use of the Website, will be governed by and construed in accordance with the laws of England and Wales., Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of the UK Courts and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and G-Surf with respect to the subject matter of the Terms of Use and Privacy Policy.

Privacy policy

G-Surf is committed to protecting your online privacy when visiting our Websites and social media applications. The purpose of this policy is to inform you about the types of information we gather about you when you visit G-Surf, how we use that information, whether we disclose it to anyone, and the choices you have regarding our use of the information. G-Surf does not require personal information from visitors in order to gain access to any part of our Website or applications. Any personal information you may provide will be on a voluntary basis. By using the Website, you signify that you agree with the terms of our current Privacy Policy as posted, as well as the posted Terms and Conditions. If you do not agree with this privacy policy or the Terms and Conditions, please do not use this site or provide any personal information to us.

Use of Personal Information

If you e-mail us for information, we may ask you to voluntarily provide us with personal information including your name, e-mail address, telephone number, and mailing address so that we may contact you to respond to your comments, questions, submissions, postings or requests for information. We or our agents or fulfillment service providers, on our behalf, may contact you if you elect to participate in our online sweepstakes, contests, or promotions as described below, or to alert you to new promotions, products and Website updates. If you submit a custom board request form on the website, we or our agents or fulfillment service providers, on our behalf, may contact you to dicsucss you requirements.

We may perform analyses of user behavior to allow us to measure consumer interest in the various areas of our Website for product and Website development purposes. Any information we collect is used for our own internal purposes to improve the content of this Website, to enhance users’ experience when visiting our Website, and to customize the content and/or layout of our pages. All analyses of user behavior described herein will be recorded on a group basis, and such analyses may be shared with our Website development consultants, or employment contractors.
If you participate in our on-line sweepstakes or contest offers or other online promotions, or submit writings, videos, or photographs, we may collect your name, address, zip code, phone number, age, and e-mail address for the purpose of entering you in our sweepstakes or contest and contacting you if you are eligible to receive a prize and otherwise as specified in the sweepstakes or contest official rules or other entry or submission guidelines. If you participate in our on-line sweepstakes or contest offers or other online promotions, we may send you information about promotions, products and Website updates. Your personal information will be kept in a secure database and will be used to alert you via e-mail or regular mail to new promotions, products and Website updates. If you choose to no longer receive information from us, you may opt-out from future emails by clicking on the link included in each email sent to you from G-Surf Indicate your preference to “unsubscribe” and we will remove you from our list. If you participate in our promotions, sweepstakes, walls, and/or blog(s), we may ask for your name and e-mail address when you submit a posting. Users will be identified by name and, as such, we suggest designating only your first name. Your e-mail address will not be published but will be used to possibly contact you in relation to your comment(s).
 
Social Media Applications

You may have the opportunity to utilize our applications on third party social media websites and services like Facebook. Consequently, you may share your personal information with that third party social media service provider and they may share data with us. In the event that you choose to provide your information to a third party social media service provider, your information will be governed by the policies of those service providers. We don’t exercise control over third party social media service providers. Those service providers may place their own cookies or other files on your computer, solicit personal information from you and follow different rules regarding the use of the information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. If you utilize a G-Surf application on a social media website such as on Facebook, we will have access to your Facebook profile, basic account information and other information that you grant us access to when you connect with our application. This information may include your name, date of birth, telephone number, e-mail address, profile picture, gender, networks, user ID, list of friends, photos uploaded by you and your photo albums and any other public information. This information will not be shared with us unless you accept our social media application. We will use this information only as necessary to operate our application. If you contact us with questions regarding the application, we may use your name and email address in order to respond to your question. We will not store your information and if you remove the G-Surf application from your Facebook privacy settings we will no longer have access to your information.
 
Links to or From Other Websites

The Websites and other social media applications may contain links to other web sites. G-Surf has no control over and assumes no responsibility or liability for the privacy practices of these websites. You should review the privacy policies of each website you visit.
 
How We Use Cookies

Like many other commercial sites, our site may utilize a standard technology called a “cookie” to collect information about how our site is used. Cookies were designed to help a Website recognize a user’s browser as a previous visitor and thus save and remember any preferences that may have been set while the user was previously browsing the site. Our cookie cannot retrieve any other data from your hard drive or pass on a computer virus. Our Websites may use cookies to enhance your visit. Cookies can securely store a user’s password, personalize home pages, identify which parts of a site have been visited or keep track of your preferences. Our cookies may collect a domain name and track a path through our Web pages. We only use cookies to gather the information indicated in this policy and do not use cookies to gather personal identifying information about you without your consent.

Disclosure to Third Parties

Except as specified herein, we do not share personal information about you with any third party without your permission. We may share personal information with our service providers, suppliers or other third parties to the extent necessary or appropriate for them to perform their services for us (for example, a sweepstakes prize fulfillment or delivery service). We may, from time to time, share personal information about you with third parties (such as advertising partners) to enable them to contact you about products or services that they offer.  When we share your personal information with third parties, they may use the information to send you information on their products or services, but G-Surf does not allow them to sell or transfer your personal information to others.

Collection and Use of Personal Information from Visitors 12 Years of Age or Younger. The Websites and applications are intended for use by individuals who are 13 years of age or older.  If you are under the age of 13, please do not submit personal information to our Websites.  G-Surf does not knowingly solicit, accept, use, disclose or retain personal information about individuals who are 12 years of age or younger.

Contacting Us Regarding Your Personal Information. Questions regarding this Privacy Policy, the accuracy of your personal information, the use of the information or any other questions regarding this website should be directed to online@rustysurfboards.co.za

This Privacy Policy is subject to change at our discretion. All changes will be posted as soon as they go into effect. We encourage you to visit this site often to stay informed.
January 2019

Contact Us
 
If you have any questions about these Terms of Use, please email us at online@rustysurfboards.co.za

Terms and Conditions of Supply

1. This Agreement is between You, the person placing an order for goods using the Rusty Surfboards SA website (“You”) and G-Surf import and export CC (“G-Surf”) and its agents
1.1 In these Terms:
"Goods" means those products made available by Rusty Surfboards SA that You wish to purchase, as indicated in Your Order.
"Order" means orders placed in accordance with the provisions of Section 3.1.
"Site" means the website owned and operated by G-Surf import and export CC and its agents (“G-Surf”) URL address http://www.rustysurfboards.co.za
2. Customer Obligations
2.1 By submitting Your Order You warrant, represent and undertake:
2.1.1 that You are aged 18 or over and are not ordering on behalf of another person
2.1.2 to provide any details reasonably requested by G-Surf to confirm that You are eligible to purchase the Goods
2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use
2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site. 
3. Orders for Goods
3.1 Orders must be placed:
3.1 via the ordering system on the Site or
3.2 Your submission of the Order, whether submitted via the Site or other represents an offer to purchase the Goods from G-Surf. G-Surf may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that G-Surf will supply any Goods to You.
3.3 You may request to change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this time may be rejected by G-Surf at its absolute discretion.
4. Limitations of Supply
4.1 G-Surf shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, G-Surf will contact You to give You a choice to receive a replacement or a refund.
5. Prices and Payment
5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site. Your Order is placed in accordance with these Terms.
5.2 Unless otherwise stated on the Site, all prices for Goods are in South African Rand. 
5.3 While G-Surf uses reasonable endeavours to ensure the accuracy of the prices and price related information stated on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced G-Surf will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site
6. Delivery and Carriage
6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.
7. Goods that are Defective on Delivery
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods 
7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact G-Surf by email (online@rustysurfboards.co.za) and inform us of the problem within 24 hours of delivery of the Goods. If G-Surf (acting reasonably) accepts that the Goods are damaged or missing, the Goods will be deemed "Defective on Delivery".
7.2 You must notify G-Surf immediately if there are any defects in the Goods. Provided You advise G-Surf within 24 hours we will review your request. Any time after this period G-Surf will not review any defect requests
7.3 If the Goods are Defective on Delivery, You agree to return the Goods to G-Surf in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
8. Transfer of Risk and Title in Goods
8.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order provided that G-Surf has received payment in full for the Goods.
8.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order.
9. Liability
9.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods.
9.2 Subject to Clauses 10, the total liability of G-Surf to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by G-Surf for the Goods to which the Order relates.
9.3 Subject to Clause 10, G-Surf shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
9.4 Subject to Clause 10, G-Surf shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if G-Surf has been advised of the possibility of such loss or damage.
9.5 Subject to Clause 10, G-Surf shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.
9.6 Subject to Clause 10, G-Surf accepts no liability in respect of any non-standard use of the Goods.
10. Force Majeure
G-Surf shall not be liable for failure to comply with these Terms owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
11. Notices
Any notice or other communication to be given under these Terms must be in writing, in the case of notices to G-Surf, in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.
12. General Provisions
12.1 In the interpretation of these Terms:
12.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and
12.1.2 "including" means including without limitation and includes shall be construed accordingly.
12.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
12.3 These Terms and any relevant Order accepted by G-Surf constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by G-Surf.
12.4 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.
12.5 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.
12.6 These Terms and any relevant Order are governed by the laws of UK and the parties hereby submit to the exclusive jurisdiction of the courts of UK in relation to any dispute arising out of them.
13. Campaigns
13.1 Summer Sale Campaign
13.1.1 Promotion discounts are valid on the total cost of the order before shipping costs and/or applicable taxes are applied.
13.1.2 G-Surf reserves the right to cancel, edit, shorten or extend promotions at any time.
13.1.3 Only one promotion per order may be applied unless noted specifically in the promotion details.
14. Split Payments
14.1 All surfboard deposit payments are non-refundable

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Free Delivery T&C's

1. For all shortboard models (under 7ft)
2. To South African residential or business addresses
3. The customer will be responsible for any additional costs (transport, storage, redelivery) if the courier is unable to complete the delivery to the provided address.
4. Standard Shipping Policy applies (Please see below)

SHIPPING POLICY

1. Online surfboard orders must have full and accurate customer delivery address details and contact mobile and landline telephone numbers. It is the customer's responsibility to provide the correct address details at checkout.

2. Include any specific delivery instructions to help the local courier connect with you directly.

3. Please open and inspect your surfboard parcel and board in front of the delivery person to ensure any damage is witnessed.

4. Please take photos of any damage to the surfboard and the parcel.

5. Report the damage to us immediately (SEE BELOW).


SURFBOARD SHIPPING DAMAGES

In the event your surfboard is received damaged:

1. Immediately email us at online@rustysurfboards.co.za describing your damages.

2. Please include pictures of the surfboard damage as well as the outside and inside of the packaging.

3. Do not discard any of the shipping materials until we have resolved the claim.

4. Do not use your surfboard if it arrives damaged.