Terms and Conditions

Terms & Conditions

Terms of Use Agreement

These terms and conditions set forth below shall govern your use of our website. Please read carefully. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

Your placement of an order and your submittal of any purchase order to Classic Malibu Pty Ltd indicates your acceptance of these terms and conditions. Classic Malibu Pty Ltd reserves the right to make changes to this site and these terms and conditions at any time without notice.

If you create an account with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

Credit

This document was created using a template from SEQ Legal (http://www.seqlegal.com).

Copyright Notice

Copyright 2016 © Classic Malibu

Subject to the express provisions of these terms and conditions:

(a)   we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

License to Use Website

You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

Notwithstanding any of the above, you may redistribute our newsletter in print and electronic form to any person. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

License to Use Website

You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

Notwithstanding any of the above, you may redistribute our newsletter in print and electronic form to any person. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Registration and accounts 

To be eligible for an individual account on our website, you must be at least 18 years of age.

You may register for an account with our website by completing and submitting the account registration form on our website. You must not allow any other person to use your account to access the website. You must notify us in writing or via email, immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

User login details

If you register for an account with our website, you will be asked to choose a user ID and password. You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Limited warranties

We do not warrant or represent:

(a)   the completeness or accuracy of the information published on our website;

(b)   that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Variation

We may revise these terms and conditions. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

Liability

Classic Malibu Pty Ltd is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

Classic Malibu Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed must obtain pre-approval with an acceptable method of payment.

We may require additional verifications or information before accepting any order.

Delivery

The delivery times provided by Classic Malibu Pty Ltd are estimates only. Classic Malibu Pty Ltd will not be held accountable for late deliveries or loss or damage relating to late deliveries. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Classic Malibu Pty Ltd cannot be held responsible for incorrectly entered delivery addresses.

Acceptance of the Goods

The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the goods should there be a fault.

Change of Address

Classic Malibu Pty Ltd will not be held responsible for an incorrect address being entered on your order. If this is not noticed until after your order is finalised, please contact us immediately.

We will attempt to update any incorrect order details. In the case that your order is processed and cannot be updated, please refer to our refunds & returns section for more information.

International Customs Charges

Some orders may incur a customs or import duty charge. Classic Malibu Pty Ltd do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office. All charges are to paid by the customer on delivery of order.

Pricing

Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars.   

Refunds & Returns

Returns must be in “as new” condition with tags attached unless faulty.

Classic Malibu Pty Ltd do not refund for incorrect choice but will offer a credit or exchange

We will happily exchange your item provided the item and its packaging is in its original condition with the original tags attached. Surfboards and any consignment products cannot be exchanges. We do not refund items that are on sale due to damage or faults that has been labeled on the product. You are responsible for shipping costs unless the item is faulty.

We do not accept responsibility for lost items in return and therefore it is advised to send via registered post.

All refunds, exchanges & credits will only be given once we have received all goods back from the customer.

Please contact us first (54743122) for returns authorization approval before returning item/s

See below for the time frame your exchange or refund must be made in:

Exchanges (full price items) – 1 months from date of purchase

Refunds (full price items) – 1 month from date of purchase

 Order Cancellations

If notified before goods have been dispatched, Classic Malibu Pty Ltd can accommodate order cancellations. If items have been shipped or a surfboard order has been shaped, Classic Malibu Pty Ltd reserves the right to refuse order cancellation.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, Classic Malibu Pty Ltd shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.

Classic Malibu Pty Ltd shall have 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, Classic Malibu Pty Ltd shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties.

You acknowledge that Classic Malibu Pty Ltd is not responsible for the operation of or content located on or through any third party sites.

Shipping & Returns Policy

When shipping both within Australia and international we want to ensure that your board arrives in mint condition. We endeavor to pack the board as best as possible. First, we wrap the board in a heavy-duty double sided bubble wrap, add cardboard protectors to the rails and nose and tail, and tape the fins together in the board. box for final shipping.

If damage does occur to your board during shipping please notify us immediately and email us photos of the damage. Classic Malibu Pty Ltd is not responsible for any damage to a surfboard or product while it is in transit by a third party freight company, however, we will endeavor to contact the freight company for compensation of your board if such does occur. 

Shipping Costs

Domestic (Aus wide)

Shipping costs are subject to change at any time.

Accessories small enough and being sent domestically are transported via Australia pre-paid parcel post and will take 2+ business days to arrive at their destination. Accessories sent via pre-paid will be sent as a flate-rate depending on the weight of the items.

If you have any questions regarding postage please select local pick-up (free) and call us (5474 3122) regarding your order to organize freight and payment via phone or email (info@classicmalibu.com).

Surfboards will vary depending on size and location of drop off. We use a freight service called e-go.com.au. When ordering surfboards, freight may be cheaper if you call us with your details and we can organize an exact quote. If you are willing to pick up from a close depot you can save up to 15%.

We may be able use Surfreight to drop off your board at a particular place along the Southern Queensland coast down to Manly and Torquay area, just off the highway if you are willing to pick it up. This is the cheapest freight option to send surfboards to this region. If you are interested in this shipping option please contact us directly for more information.

International Shipping

Please contact us directly via phone or email, for all international shipping and freight. The cost will depend on destination and means of transport of which we will need specific details for a quote.

Receiving Your Board

When receiving your board it is your responsibility to unpack the board while the driver is present, and inspect for damage. If the board is damaged in any way please mark the con-note as ‘damaged’ before signing that you have received it.

If the driver cannot wait for you to unpack the board, and the box shows ANY signs of possible damage, such as scuffs, crushing, or holes, please notify the driver.