Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Return Policy
All sales are final. Cardiff by the Sea Surf Company, LLC., (aka Surfboardbuilders.com) reserves the right to vary from this policy on a case by case basis. Warranty claims need to be filed directly with the manufacturer of the product. If policy variance has been granted in writing or via email by Cardiff by the Sea Surf Company and a product needs to be returned, an RMA number is required before sending the product back to Cardiff by the Sea Surf Company, LLC.. An RMA can be obtained by contacting Cardiff by the Sea Surf Company, LLC. via telephone or email. All refunds are subject to product inspection upon return and may incur a restocking fee of 20% if product is not in brand new condition, the packaging is damaged or the item(s) are returned without an RMA. A refund will be processed after the product has been inspected. Please allow 7-14 days for the refund to deposited to your account. The customer is responsible for all return shipping charges for merchandise being returned except in the case of an incorrect item being shipped out.
Copyright
The entire content included in this site, including but not limited to graphics, code, or text, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cardiff by the Sea Surf Company, LLC., Inc.. The collective work includes works that are licensed to Cardiff by the Sea Surf Company, LLC., Inc.. Copyright 2007, Cardiff by the Sea Surf Company, LLC., Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Cardiff by the Sea Surf Company, LLC., Inc. or purchasing Cardiff by the Sea Surf Company, LLC., Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cardiff by the Sea Surf Company, LLC., Inc. or to purchase Cardiff by the Sea Surf Company, LLC., Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cardiff by the Sea Surf Company, LLC., Inc..
Trademarks
All trademarks, service marks and trade names of Cardiff by the Sea Surf Company, LLC., Inc. used in the site are trademarks or registered trademarks of Cardiff by the Sea Surf Company, LLC., Inc.
Colors and Designs
The colors used on surfboards are derived from the Pantone Matching System Color Chart according to the numbers displayed on this site. The appearance of these colors may vary materially when being viewed on a computer. Users are responsible for consulting a Pantone Matching System Color Chart for more accurate portrayal of actual color which will be used. Variations may result as the color work on surfboards will be completed by human beings. There will also be a variation from example designs show on the site or submitted by customers as the design work will be completed by human beings.
Delivery of Product
Timing for the delivery of products, including but not limited to custom surfboards, varies materially depending upon the custom surfboard ordered. Factors including but not limited to color, finish, materials (i.e. foam, epoxy, wood, etc.) can materially affect the time of completion and delivery of a custom surfboard. Standard foam, clear, sanded finish custom surfboards take a minimum of 3 weeks to build. Color and alternate finishing can add up to 9 weeks. Wood boards can take up to 6 months to complete.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cardiff by the Sea Surf Company, LLC., Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cardiff by the Sea Surf Company, LLC., Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cardiff by the Sea Surf Company, LLC., Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Cardiff by the Sea Surf Company, LLC., Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Cardiff by the Sea Surf Company, LLC., Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Cardiff by the Sea Surf Company, LLC., Inc. product is mistakenly listed at an incorrect price, or with incorrect product information, Cardiff by the Sea Surf Company, LLC., Inc., reserves the right to refuse or cancel any orders placed for incorrectly listed product(s). Cardiff by the Sea Surf Company, LLC., Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cardiff by the Sea Surf Company, LLC., Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Cardiff by the Sea Surf Company, LLC., Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Cardiff by the Sea Surf Company, LLC., Inc. products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Cardiff by the Sea Surf Company, LLC., Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Cardiff by the Sea Surf Company, LLC., Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cardiff by the Sea Surf Company, LLC., Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of abusive or obscene language, is strictly forbidden. Impersonation of others, including a Cardiff by the Sea Surf Company, LLC., Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, obscene, threatening, defamatory, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Cardiff by the Sea Surf Company, LLC., Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cardiff by the Sea Surf Company, LLC., Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cardiff by the Sea Surf Company, LLC., Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cardiff by the Sea Surf Company, LLC., Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Cardiff by the Sea Surf Company, LLC., Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our users, Cardiff by the Sea Surf Company, LLC., Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Cardiff by the Sea Surf Company, LLC., Inc., Cardiff by the Sea Surf Company, LLC., Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cardiff by the Sea Surf Company, LLC., Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Cardiff by the Sea Surf Company, LLC., Inc. does seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
Notice
Cardiff by the Sea Surf Company, LLC., Inc. may deliver notice to you by means of mail, e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cardiff by the Sea Surf Company, LLC., Inc..