PearseTEC Ltd. trading as Bigsurf
Detailed below are our terms of online service. It is important that you read and accept them prior to placing an order - by doing so we will deem such to be the case.
Our terms of trade are subject to constant review, to ensure the highest level of customer service. If you have any questions or comments please feel free to contact the owner, Pearse Geaney.
FIRST THE EASY ITEMS!
Safety First
Extreme sports can be dangerous. Customers must ensure that they read all instructions and if inexperienced, they should undergo instruction by qualified personnel before venturing out. If in doubt ask for advise. Don’t go out in offshore winds without rescue backup. Don't sail alone. bigsurf.ie cannot be held responsible in any way, shape or form.
Buying From BIGSURF is very simple!
Use our efficient mail order service through the website, or via telephone if you prefer. We supply all areas of the island of Ireland. Rest assured that no matter where you are, we will offer you the high level of service you expect.
Payment Methods
For security reasons we generally only accept payments by PayPal, Euro bank transfer, Lodgement into our bank account, Cash on collection, or cheque. Please note that orders cannot be dispatched until funds have cleared, so please allow for sufficient time for same.
Pricing & Specifications
Implied availability is not a guarantee of such, we will confirm this shortly after you have placed an order, or before if requested. All online prices are based in Euro(€) and include VAT currently (January 2010) @ 21%. Note that the shopping cart displayed price, includes VAT.
SHIPPING & LIMIT OF LIABILITY
Shipping
Although the shipping services we use are tried and tested, there is always a possibility something could go wrong.
All shipments are checked and wrapped thoroughly here at bigsurf.ie. Please inform us immediately in writing (email fine) if items are missing or damaged. Where requested to do so, consignment notes should be signed 'damaged' regardless of the apparent condition on delivery. You will receive a confirmation email when the order is sent - details regarding reception of goods will be detailed accordingly in that message.
We cannot be held responsible for associated loss, implied or otherwise, as a result of delays with shipping, or whilst damage or missing items are corrected.
This does not affect your statutory rights.
Delivering Our Service
Shipping costs shown in the shopping cart are generally quite accurate but if there is any difference, we will tell you. If you wish to email us for a quote prior to purchase we will endeavour to reply to all emails within 24hrs of receipt. Any advice or recommendation given is followed or acted upon entirely at your own risk.
Be Available To Accept!
Be available to accept your order as a signature maybe required. Enter an alternative delivery address (work or relative etc) to facilitate this. Repeat customers can provide instructions for items to be left.
We are generally charged a fee by our couriers for any re-attempted delivery or return to us. Where applicable, any such fees will be passed on to you.
Next Working Day Dispatch Deadline!
All orders placed by noon on an Irish working day are normally dispatched the same day. This is subject to stock, service and courier availability to us on the day.
Orders placed later than stated above on a working day are dispatched as soon as possible (eg. orders placed on Tuesday afternoon would be dispatched on Wednesday). If you're unsure please get in contact with us.
Free Ireland delivery
All orders with a value of €200 or more (excluding shipping!) are generally shipped free of charge to Irish addresses on a standard service. You will be informed of any variation, but be sure to tell us any special requests that you may have.
NEXT...YOUR SATISFACTION!
Buying Disclaimer
Whilst we make every effort to ensure all the details on the web site are accurate, we cannot accept responsibility for errors and omissions that may occur. We also reserve the right to change prices without prior notification.
Data Protection
bigsurf.ie operates in accordance with the Data Protection Act of 1998. Personal information held is not disclosed to any third party person or organisation.
Satisfaction Guaranteed
We want you to be happy with everything you purchase from us. If you're not, please get in contact with us immediately so we can help put any issue right. Our business is built on honest customer service and we constantly strive to better our last transaction.
If you remain dissatisfied with any item purchased by mail order / online, simply return it to us, unused and in the original packaging / condition, within 14 days of receipt by you. We will exchange any item for an alternative or process a refund within 30 days of receipt of the return.
Any items being sent back should be accompanied by a copy of the delivery note that comes out with each order. Clearly state the reason for the return on there.
Return carriage charges, insurance cover and proof of shipping remain the responsibility of the sender.
In instances where refunds are appropriate, these will be made by the same method as the original payment. Carriage paid is not refundable.
NOW...THE FORUM DO'S AND DONT'S!
FORUM DISCLAIMER
When you register with this site you are required to give a small amount of information, much of which is optional, anything you do give must be considered as becoming public information.
We will not tolerate postings which make personal attacks on individuals, or are similarly out of line in any other way. Any such postings or threads will be deleted.
You agree not to use the Bigsurf.ie online forums to post any material which is vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates any laws. You also agree that you will not post any copyrighted material that is not owned by yourself or the owners of these forums.
We do not welcome people joining this forum simply to complain about service they have received from shops, brands, importers etc. People are welcome to ask what sort of service other forum users have received from a particular company/brand, and then discuss their own issues in that context. However, any threads started by newbies simply to flame a particular company/brand/product will be deleted. Search the forum for other threads regarding the brand or company you have issues with before posting!
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the www.bigsurf.ie forums and their agents with respect to any claim based upon any post you may make. We also reserve the right to reveal whatever information we know about you in the event of a complaint or legal action arising from any message posted by yourself.
While we are happy to maintain a fairly relaxed stance when it comes to criticising or commenting on aspects of www.bigsurf.ie and this website, we'd rather that our forum was not used for overly blatant promotion of our direct competitors. Such postings will almost certainly be deleted if they are beyond the scope of normal discussion.
Although messages posted are not the responsibility of this forum and we are not responsible for the content or accuracy of any of these messages, we reserve the right to delete any message for any or no reason whatsoever. If you do find any posts are objectionable then please contact Pearse via email at pearse@bigsurf.ie.
The Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requires that Web Sites are to obtain parental consent before collecting, using, or disclosing personal information from children under 13. If you are below 13 then you can NOT use this forum. Do NOT register if you are below the age of 13.
By registering to use this website you meet the above criteria and agree to abide by all of the above rules and policies.
FINALLY...THE FORMALITIES!
WEBSITE TERMS AND CONDITIONS
All Users accessing and using this Web Site are deemed to have agreed to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions, you should not access or use this Web Site.
1. Definitions
"Agreement" means these terms and conditions under which you agree to be bound in the event you access or use this Web Site.
"Information" means any and all material (being written and/or stills or video material which shall include without limitation any source codes, files, computer languages or applications) contained in or creating this Web Site which is created by or on behalf of www.bigsurf.ie or any associates thereof.
"User" means you, the Web Site User.
"Web Site" means the web site at www.bigsurf.ie
2. Rights and Grant of Licence
2.1 The Information contained on this Web Site is owned by, licensed or authorised to be used by www.bigsurf.ie, its associates, assignees, licensees or sub-licensees thereof. The copyright in the Web Site is owned by www.bigsurf.ie.
2.2 Any form of reproduction of part or all of the Information is strictly prohibited save as provided in Clause 2.3 below.
2.3 The User may print or download [any Information/up to [two (2) stills or video image files and two (2) content files]] to a locally held disc provided the same is used solely for the User's own personal use. The User may copy the Information to individual third parties for their personal information and personal use, but only if:
2.3.1 the User acknowledges www.bigsurf.ie as the source of the Information and the Web Site alongside such copy of the Information; and
2.3.2 the User informs the third party that these conditions apply to any use of the Information.
2.4 The licence granted herein does not permit incorporation of the Information or Website (or any parts of the same) in any other work or publication, whether hard copy or electronic or otherwise.
2.5 All other rights not expressly granted herein are reserved to www.bigsurf.ie. All moral rights and related rights in or to the Information are asserted in full.
2.6 The licence granted herein may be revoked at any time, without reason and any user may be denied access to the Web Site at any time without reason.
3. Warranties
The User undertakes:
(a) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of www.bigsurf.ie;
(b) that in the event it has any right, claim, or action against any other User or other third party arising out of its or their use of the Web Site it shall pursue such right, claim or action independently of and without recourse to www.bigsurf.ie, other than at the express written permission of www.bigsurf.ie ;
(c) and acknowledges that www.bigsurf.ie has no obligation to provide the Web Site or any Information or to ensure the User is able to use, provide and/or access the Information or the Web Site; and
(d) to indemnify and keep indemnified www.bigsurf.ie against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, or the Web Site or of the User's obligations under this Agreement.
4. Exclusion of Liability/Disclaimer
4.1 The Web Site is part of an on-line community and as such receives content and Information from its Users. This Information is not reviewed or checked by www.bigsurf.ie and the views and opinions expressed in such Information may not reflect the views and opinions of www.bigsurf.ie.
4.2 www.bigsurf.ie provide the Web Site and the Information on an "as is" basis and make no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose.
4.3 In addition, the Web Site is accessible from the world-wide web and as such www.bigsurf.ie are not able to restrict those Users accessing the Web Site. To protect Users, www.bigsurf.ie advise that Users do not communicate personal details to other Users, other than where caution has been exercised. In any event communication of personal details is entirely at the User's own risk. www.bigsurf.ie accepts no liability and shall not be liable for any actions, losses costs, damages or inconvenience caused to Users resulting from interaction with other Users or third parties from the Web Site.
Without limitation to the above, should any User receive or view racist, abusive, obscene or offensive material on or as a result of accessing the Web Site, they should report the details of such incident to pearse@bigsurf.ie who will endeavour to prevent such incidents re-occurring so far as the same is technically possible and financially viable.
4.4 Further, www.bigsurf.ie makes no warranty or representation about;
(a) the reliability or technical efficiency of the Web Site;
(b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information or User's personal information or data;
(c) whether the Web Site or the Information is Year 2000 compliant;
(d) the suitability of the advertisements on the Web Site or the suitability, legality or otherwise of other web sites which may be accessible from the Web Site;
4.5 www.bigsurf.ie excludes all liability (so far as is permitted by law) in respect of ;
(a) any advertisements or other web sites which can be accessed via the Web Site; and
(b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Information; and
(c) any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site or the Information.
5. Termination
www.bigsurf.ie shall have the right to terminate this Agreement (and any licence granted therein) immediately and without notice to the User. In the event of termination, the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.
6. Amendments to Terms and Conditions
www.bigsurf.ie reserve the right to change and amend these Terms and Conditions from time to time. The User's continued use or access of the Web Site after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Web Site.
7. Severability
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
8. No waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this agreement.
9. Assignment
www.bigsurf.ie may freely charge, licence, transfer, assign or otherwise dispose of any of its rights or obligations hereunder.
The User shall not be entitled to charge, license, transfer, assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from www.bigsurf.ie.
10. Entire Agreement
This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
11. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Ireland, the courts of which shall alone be the courts of competent jurisdiction.