Definitions in this Agreement

The following definitions apply throughout this document

  • We, Our: refers to Board Shapers and its associated entities as appropriate
  • User: refers to a person using the boarshapers.com.au website
  • Shaper: refers to someone that is registered as a Shaper on the boardshapers.com.au site and therefore has the ability to list surfboards for sale
  • Member: refers to a user of the site that has registered on the site
  • Purchaser: refers to a user or member of the site that has agreed to purchase or place an order for a board on the site

Introduction

Welcome to the Boardshapers.com.au website. The purpose of our site is to connect surfers with Surfboard Shapers and to enable surfers to order boards that the Shaper produces. By using the Boardshapers.com.au service you agree to the terms and conditions outlined in the agreement. Should you have any questions or concerns, please contact customer service [Link=info@boardshapers.comau].

This agreement is effective 01/07/2015 for all users of this web site

Usage

When using Boardshapers.com.au, you agree to the following:

  • not to use the site for a purpose other than what is intended;
  • not post content or items in inappropriate categories or areas on our sites and services;
  • not infringe any laws, third party rights or our policies;
  • not to use the Boardshapers.com.au service if you are not able to form legally binding contracts, or are suspended from using our services;
  • not to fail to deliver payment for items ordered or purchased by you, unless a documented agreement with the Shaper has been reached or you cannot authenticate the Shapers identity;
  • not to fail to deliver items purchased from you, unless a documented agreement with the Purchaser has been reached or you cannot authenticate the Purchaser's identity;
  • not to manipulate in any way the price of any item or interfere with other Shapers' listings;
  • not to circumvent or manipulate our fee structure, the billing process, or fees owed to Boardshapers;
  • not to post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • not to distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • not to distribute viruses or any other technologies that may harm Boardshapers.com.au or the interests or property of its’ users;
  • not to copy, modify or distribute rights or content from the Boardshapers.com.au service or our copyrights and trademarks;
  • not to collect information about users, including email addresses, without their consent.

Trading

We strive to maintain a safe trading environment, but you accept that there are some risks when trading online and using our site. You will not hold Boardshapers responsible for other users' content, actions or inactions, items they list. Our site is a venue to allow Shapers to offer and sell their surfboards to Purchasers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Shapers to sell items, the ability of Purchasers to pay for items or that a Purchaser or Shaper will actually complete a transaction or return an item. We endeavour to address any dispute or complaint quickly and fairly. In the event of any issue, please contact customer service. 

When you enter into a purchase or order transaction you create a legally binding contract with the Shaper. You must ensure that you comply with your obligations to that Shaper and are aware of any laws relevant to you as a Purchaser or Shaper. If another member breaches any obligation to you, you – not Boardshapers – are responsible for enforcing any rights that you may have.

You alone, and not Boardshapers, are responsible for ensuring that any activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the Shaper to the Purchaser. Further, we cannot guarantee continuous or secure access to the Boardshapers.com.au service, and the operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Boardshapers.com.au service.

Unless otherwise stated, all prices and amounts listed on this site are in Australian Dollars. The online merchant providing services here is also based on Australia

External Third Party Links

The Boardshapers.com.au website may link to other external websites operated by third parties external to Boardshapers.com.au. We have no control over these third party sites all of which will have separate policies governing their operation. Whilst we endeavour to provide useful, secure and operational links to our users, you access these at your own risk

Content

This site is owned and operated by Boardshapers. All systems, software and content used on this site are the sole property of Boardshapers or those supplying those systems, software or content under arrangement. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future

As a user of this site, you may use the content of this site only for the purpose of which is was intended. The primary purpose of this site is to connect Shapers with potential Purchasers of their products. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Boardshapers. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Breach

Boardshapers may, without notice to you and in our sole discretion (that shall be exercised reasonably, having regard to the circumstances), issue you a warning, restrict your activities on our site, temporarily or indefinitely suspend, or terminate your membership and refuse to provide our services to you if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our affiliates, directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

Product

Imagery

Please be aware that product images including artwork may appear differently in real life to their appearance on a computer, tablet, phone or other screen. Also, variations in artwork can occur in the finished product as the work performed is completed by hand

Image Placement

Image placement is at the discretion of the Shaper. Any specific request in regards to image placement will be taken into consideration but cannot be guaranteed

Listing

By selling an item on Boardshapers.com.au, you agree to pay Boardshapers fees for the sale. You also assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on our site, your listing will be posted on the site for order and can be viewed in your Shaper Portal.
  • Your item will appear in search results based on the contents of your listing.

Payments

When placing an order, payment for the full amount of the order must be provided at the time of sale by using one of our online payment methods. Payments are received and held by Boardshapers. On receipt of payment a deposit will be paid to the Shaper to commence work on any ordered board. Once the board has been delivered to the Purchaser, final payment will be made to the Shaper of the remaining funds. The following conditions apply:

  • Payment are to made by the Purchaser at the time of placing the order.
  • Deposit will be paid to the Shaper upon receipt of funds from the Purchaser.
  • Boardshapers ordering fee will be taken at time of receipt of funds.
  • On confirmation of delivery or pick up of ordered goods, final payment will be made to the Shaper.

Disputes

Where the Purchaser decides to no longer honour the contract of sale:

  • Boardshapers ordering fee is non refundable
  • Boardshapers will arbitrate between the Shaper and Purchaser. Based on the results of the arbitration, Boardshapers may opt to :
  • Return the unallocated payment amount to the Purchaser.
  • Negotiate to have the deposit returned from the Shaper to the Purchaser.

Boardshapers will endeavour to act fairly and considerably in any dispute, however Purchasers are reminded that they are entering into a contract when ordering surfboards through Boardshapers.com.au. Any change of mind by the Purchaser will generally not be resolved in their favour

Returns

All surfboards are purchased from a Shaper and manufactured according to the details supplied by the Purchaser. Any defects in the manufacturing process are to be addressed by the Purchaser with the Shaper. Boardshapers will assist where possible when there are defects in the delivered product. Contact Customer Service [Link = info@boardshapers.com.au] for more information

Despatch and Delivery

Responsibility

It is the members’ responsibility to arrange delivery of any purchased or ordered product directly from a shaper with the Shaper. If there are any issues with delivery Boardshapers will do everything in their power to solve the issue quickly and fairly. Contact Customer Service [Link =info@boardshapers.com.au] for more information. Boardshapers cannot be held responsible for any issue with the delivery of your product(s). 

Shiping Timeframe

It is the members’ responsibility to confirm the timeframe for delivery of any purchased items from a Shaper with the Shaper. If there are any issues the shiping time frame Boardshapers will do everything in their power to solve the issue quickly and fairly. Contact Customer Service [Link =info@boardshapers.com.au] for more information. Boardshapers cannot be held responsible if the delivery of an item is not at a specified time or to a specified location.

Contact

Board shapers is a Australian website

Email: info@boardshapers.com.au

Phone: 0439351348