Terms & Conditions
These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of the website at eagerbeaversurfboards.com (the “Site”) of Banjo Wear Llc (“Company”, “we” “our” or “us”). Company may change these Terms and Conditions from time to time, at Company’s sole discretion, so we encourage you to review it periodically and check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions, including any changes thereto.
Use of the Site is restricted to your personal use and to make online purchases from Company. You shall not use this Site for any other purpose.
The Agreement between you and Company relating to your use of the Site, supersedes all prior or concurrent communications and proposals, in any form, between you and Company. No other terms or conditions apply. We may change or add to the Agreement from time to time without notice to you, so we encourage you to review these Terms and Conditions, and any and all other terms and conditions or policies forming the Agreement, from time to time and in any event each time you visit the Site.
You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be libelous, slanderous, defamatory or obscene, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity, including but not limited to Company.
Eligibility to use the Site
You must be over the age of consent to use the Site and, if you are not, you may only use or otherwise access the Site with the approval of your parent or legal guardian.
Company owns (or has the right to use) all content on this Site and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Company, is strictly prohibited.
You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted to Company and its Affiliates (as defined below) a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by Company in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of Company.
Our Company and any future affiliated or related companies and brands) (collectively, “Affiliates”) trademarks and design marks (collectively, the “CR Marks”), are trademarks or registered trademarks of our Company and/or our Affiliates, and the property thereof. All other product, brand and Company names and logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the CR Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited.
The information on this site is provided “as is” And without warranties or conditions of any kind, either express or implied. We specifically disclaims all warranties and conditions of any kind including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the content of the site (including any information, images, photos, video, material or downloadable content accessed from or through the site) will be accurate, uninterrupted or free of errors, defects, viruses or other harmful components, that viruses or errors will be corrected, or that the site or server upon which it resides are free from viruses or any other harmful components. Your use of the site is completely at your own risk. Under no circumstances will company, our affiliates or brands, or our employees or agents be liable for any damages including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages arising out of or in any way connected to the use of the site, the materials or content on the site, a delay or inability to use the site or otherwise arising in connection with the site, whether based in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of any such damages.
By using the Site, you agree to indemnify and hold Company and our Affiliates (including our/their respective officers, directors, agents, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Agreement, any law or regulation, and/or the rights of any third party.
We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will only be sent with your prior consent to the extent required by applicable laws and regulations (whether such consent is express or implied), and will contain an “unsubscribe” or “opt-out” link. The contents of any such e-mails or other commercial electronic messages you receive from us in connection with the Site shall also comply with applicable laws and regulations. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate spam.
Control of Your User ID and Password
You are responsible for all actions you take with your User ID and Password, including fees charged to your account. Therefore, we recommend that you not disclose your User ID or Password to any third parties. If you choose to share your User ID and Password with any third parties you are responsible for all actions taken with your account. If you lose control of your User ID and Password, you may lose control over your personal information and may be subject to legally binding actions taken using your User ID and Password.
Our links to other sites
In addition, our site may include content that is streamed by our site but hosted or made available by third parties. Company is not responsible for, and expressly disclaims any responsibility or liability associated with, your use of any such content.
This Site is controlled and operated by Company from Palmetto, Florida , US. You agree that your use of the Site is governed by the laws of the Province of Palmetto, Florida , US without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment, and further including the applicability or scope of this clause, shall be brought exclusively in a court of competent jurisdiction in Palmetto, Florida , US.
We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws and regulations. If any part of this Agreement are invalid or unenforceable for any reason whatsoever under applicable laws and regulations, the invalid or unenforceable provision shall be deemed severable from the Agreement and shall not affect the validity or enforceability of any remaining provisions.
Injunctive Relief and Provisional Relief
Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.
Terms and Conditions of Purchase and Sale
These Terms and Conditions of Purchase and Sale (“Terms and Conditions of Purchase and Sale”) set forth the terms and conditions that apply to the purchase of products, content and/or services (the “Products”) from the Company. We may change these Terms and Conditions of Purchase and Sale from time to time, at our sole discretion, so we encourage you to review it periodically and to check for updates when you visit this Site to make a purchase or are shopping on-line.
The terms “you” and “your” refer to the purchaser of Products using the Site.
Please read these terms and conditions of purchase and sale carefully! By using this site to make on-line purchases of products, you agree to be bound by and accept these terms and conditions of purchase and sale, including any changes thereto, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a governing law and injunctive relief clause.
As further discussed below, except as expressly provided for in these terms and conditions of purchase and sale , company does not make or give any representation or warranty with respect to the products you may purchase from this site and company’s liability shall be limited as further provided herein.
Price, Payment and Shipping Price
All prices quoted are payable in US Dollars. Taxes and shipping are extra depending on the delivery address and are displayed during check-out and in the applicable order confirmation. Although we strive to provide accurate product and pricing information, errors may occur. We reserve the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. We cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of the provisions above, in the event that the price or related information for a Product (as described on the Site and/or the applicable order confirmation) is incorrect due to an error in pricing or Product information, Company may, at its sole discretion, refuse or cancel your order, whether before or after Company’s acceptance thereof. If there is such an error in pricing and we cancel your order and reverse any charges that have been applied, we will contact you to ask you to place a new order for the Product at the correct price.
Company accepts American Express, MasterCard, Visa, PayPal, ApplePay and Amazon Pay for payment for purchases made through this Site. The cardholder must always be the person who places the order.
Credit Card Security
We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us.
SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address.
Nevertheless, there are certain risks associated with using the Internet and transmission of information via the Internet is not completely secure. Although we do our best, we cannot ensure or warrant the security of any information you transmit to our Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. We cannot be responsible for Internet fraud or theft. Please keep this in mind when providing information through the Site, and please also see the disclaimer below.
Consent to Use of Electronic Documents
You hereby consent to the exchange of information and documents between you and us over the Internet or by e-mail, and that this Agreement (together with any applicable order confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Company may revise or cease to make available any Products at any time without prior notice. In the event that Company is unable to deliver you a Product ordered due to lack of availability, Company will notify you via e-mail and your order will be automatically canceled with respect to such unavailable Product, provided that Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
Ownership; Risk of Loss
All Product(s) purchased from Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Company of the Product(s) to the third party delivery company. The shipment of such Products shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. Company expressly disclaims any and all liability associated with any damage to the product during shipment or any failure of the third party delivery company to deliver such product or any delay in such delivery.
All Product returns are subject to the Company Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
Exclusion of Warranties and Limitation of Liability
If you reside in a jurisdiction where this section or parts hereof may not be valid by virtue of local consumer protection laws, then this section does not apply to you and you maintain your recourses provided by law. Please read this entire section carefully. Certain federal, state or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the following disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Except as expressly provided for in this agreement, company does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties or conditions as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will company be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by company or otherwise related to this agreement or the transactions conducted on or from the site, even if company or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will company’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will company be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: Transmission errors or problems, telecommunications service providers, company’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of company.
For the purposes of this Agreement, “Company” shall include Company’s affiliated and related companies and brands (including all current, and any future affiliated companies and brands) (collectively, “Affiliates”) and Company’s and its Affiliates’ respective directors, officers, employees, agents, mandataries and contractors.