Cancellation policy

Table of Contents

SECTION 1 — TERMS AND CONDITIONS OF SALE

  • 1.1 Introduction & Acceptance of Terms
  • 1.2 Definitions
  • 1.3 Eligibility
  • 1.4 Product Listings & Availability
  • 1.5 Pricing & Payment
  • 1.6 Order Processing & Confirmation
  • 1.7 Shipping & Delivery
  • 1.8 Intellectual Property
  • 1.9 Governing Law & Dispute Resolution
  • 1.10 Modifications to Terms
  • 1.11 Limitation of Liability
  • 1.12 Severability
  • 1.13 Contact Information

SECTION 2 — LIABILITY WAIVER AND ASSUMPTION OF RISK

  • 2.1 Introduction & Purpose
  • 2.2 Intended Use Declaration
  • 2.3 Acknowledgment of Inherent Risks
  • 2.4 Assumption of Risk
  • 2.5 Release of Liability
  • 2.6 Indemnification
  • 2.7 Acknowledgment of Physical Fitness
  • 2.8 Acknowledgment of Surfing Skills
  • 2.9 Compliance with Laws
  • 2.10 Electronic Acknowledgment
  • Acknowledgment and Electronic Signature Block

SECTION 3 — PRODUCT PHOTOGRAPH DISCLAIMER

  • 3.1 Purpose
  • 3.2 Color & Appearance Variations
  • 3.3 No Warranty of Exact Match
  • 3.4 Customer Acknowledgment
  • 3.5 Contact for Concerns

SECTION 4 — RETURN AND REFUND POLICY

  • 4.1 General Policy
  • 4.2 Eligibility Requirements
  • 4.3 Non-Returnable Items
  • 4.4 How to Initiate a Return
  • 4.5 Return Shipping Costs
  • 4.6 Refund Processing
  • 4.7 Defective or Damaged Products
  • 4.8 Exchanges
  • 4.9 Dispute Resolution

 

SECTION 1

TERMS AND CONDITIONS OF SALE

Governing the purchase of products via www.pardisurfco.com

1.1   Introduction & Acceptance of Terms

These Terms and Conditions of Sale (hereinafter, the "Terms") govern all transactions conducted through the website located at www.pardisurfco.com (the "Website") operated by Pardi Surf Limited Liability Co, a company organized and existing under the laws of the State of California (hereinafter, the "Company").

By accessing or using the Website, browsing product listings, creating an account, or completing a purchase, you (the "Customer") acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately discontinue use of the Website and refrain from placing any order.

These Terms constitute a legally binding agreement between you and the Company. The Company reserves the right to enforce these Terms to the fullest extent permitted by applicable law. Your continued use of the Website following any posted update to these Terms constitutes your acceptance of the revised Terms as set forth in Section 1.10 below.

1.2   Definitions

As used throughout these Terms and Conditions, the following capitalized terms shall have the meanings set forth below:

1.     "Company" means Pardi Surf Limited Liability Co, including its officers, directors, employees, agents, affiliates, successors, and assigns.

2.     "Customer" means any individual or entity who accesses, browses, or makes a purchase through the Website, whether acting on their own behalf or as an authorized representative of a third party.

3.     "Products" means all surfboards, surfing equipment, accessories, apparel, and any other goods offered for sale on the Website, whether standard, custom, or limited-edition.

4.     "Website" means the online retail platform operated by the Company at www.pardisurfco.com, including all subdomains, associated pages, applications, and digital interfaces connected thereto.

5.     "Order" means any request submitted by a Customer through the Website to purchase one or more Products, which constitutes an offer by the Customer to purchase such Products subject to these Terms.

6.     "Agreement" means these Terms and Conditions of Sale, together with any other policies incorporated herein by reference, including without limitation the Liability Waiver and Assumption of Risk (Section 2), the Product Photograph Disclaimer (Section 3), and the Return and Refund Policy (Section 4).

7.     "Content" means all text, images, graphics, photographs, audio, video, data, trademarks, logos, product descriptions, and other material made available on or through the Website.

1.3   Eligibility

Use of the Website and purchase of Products through the Website is permitted only to individuals who meet all of the following eligibility requirements:

8.     Age Requirement. You must be at least eighteen (18) years of age to make a purchase independently. Individuals under the age of 18 may only purchase Products with the express consent of a parent or legal guardian, who must review and accept these Terms on behalf of the minor and assumes full responsibility for any resulting obligations.

9.     Legal Capacity. You must have the legal capacity to enter into a binding contract under applicable law. By placing an Order, you represent and warrant that you possess such legal capacity.

10. Age Confirmation. By completing the checkout process, you affirm that you are 18 years of age or older, or that you are a parent or legal guardian completing the purchase on behalf of a minor with full authority to do so. The Company reserves the right to request verification of age at any time and to cancel any Order where eligibility requirements are not satisfied.

11. Geographic Restrictions. The Company ships only to locations within Continental US excluding Alaska and Hawaii. The Company makes no representation that Products or Website services are available or lawful in all jurisdictions. Customers are responsible for compliance with local laws applicable to receipt and use of Products.

12. Account Registration. If account registration is required or offered, you represent that all information provided is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

1.4   Product Listings & Availability

All Products displayed on the Website are offered subject to availability at the time of Order. The Company makes commercially reasonable efforts to maintain accurate inventory information; however, the Company does not guarantee that any Product listed on the Website will be available at the time an Order is placed or fulfilled.

13. Availability. Product availability is subject to change without notice. In the event that a Product is unavailable after an Order has been submitted, the Company will notify the Customer as promptly as practicable and will offer, at the Company's discretion, a substitute product of comparable value, a backorder arrangement (if applicable), or a full refund of any amounts charged.

14. Discontinuation. The Company expressly reserves the right, at any time and without prior notice, to discontinue, modify, limit the quantity of, or withdraw any Product from sale. No Order constitutes an entitlement to any Product that has been discontinued or removed from the Website.

15. Product Descriptions. The Company endeavors to provide accurate and complete descriptions of its Products. However, the Company does not warrant that Product descriptions, specifications, or other Content is accurate, complete, reliable, current, or error-free. Please refer to Section 3 (Product Photograph Disclaimer) for important disclosures regarding visual representations of Products.

16. Custom and Made-to-Order Products. Certain Products may be manufactured on a custom or made-to-order basis. Lead times, specifications, and availability for such Products are subject to the terms communicated at the time of Order and may differ from standard Product offerings.

1.5   Pricing & Payment

17. Currency. All prices displayed on the Website are stated in United States Dollars (USD) unless otherwise expressly noted. The Company does not assume responsibility for any currency conversion fees or charges imposed by a Customer's bank or payment processor.

18. Price Changes. Prices are subject to change at any time without notice. The price applicable to any Order will be the price displayed on the Website at the time the Order is submitted, except in the case of a pricing error as described in Section 1.5.21 below.

19. Taxes. Applicable federal, state, and local sales taxes, use taxes, and any other governmental charges will be calculated and added to the Order total at checkout, based on the Customer's delivery address and applicable law. The Customer is solely responsible for any taxes applicable to their purchase that are not collected by the Company at the time of sale.

20. Accepted Payment Methods. The Company currently accepts the following forms of payment: Shopify Payments and Shopify Payments supported payment options (https://www.shopify.com/legal/terms-shopify-payments). All payment information is processed through secure third-party payment processors. The Company does not store complete payment card information on its servers.

21. Pricing Errors. In the event of a typographical error, technical malfunction, or other mistake resulting in an incorrect price being displayed on the Website, the Company reserves the right to cancel any Order placed at the incorrect price, even after Order confirmation has been issued, and will promptly notify the Customer and issue a full refund of any amount charged.

22. Payment Authorization. By submitting an Order, you authorize the Company to charge the payment method provided for the full amount of the Order, including applicable taxes and shipping fees. Failure of a payment to process may result in cancellation of the Order.

1.6   Order Processing & Confirmation

23. Nature of an Order. The submission of an Order by a Customer constitutes an offer to purchase Products from the Company and does not, by itself, constitute a binding contract. A binding contract of sale is formed only upon the Company's issuance of an Order Confirmation, as described in Section 1.6.24.

24. Order Confirmation. Following receipt of an Order, the Company will send an automated confirmation email to the email address provided by the Customer. This confirmation acknowledges receipt of the Order and does not guarantee acceptance or availability of the Products ordered. The Company reserves the right to reject or cancel any Order at its sole discretion, as set forth in Section 1.6.25.

25. Right to Refuse or Cancel Orders. The Company reserves the right, at its sole and absolute discretion, to refuse, cancel, or limit any Order for any reason, including without limitation: (i) suspected fraudulent activity; (ii) errors in pricing or product description; (iii) unavailability of Products; (iv) failure of payment authorization; (v) violation of these Terms; or (vi) shipping restrictions applicable to the Customer's location. In the event of cancellation, the Company will notify the Customer and issue a full refund of any amount already charged.

26. Order Modifications. Orders may not be modified or cancelled by the Customer after submission except as permitted in the Company's sole discretion. Customers wishing to request an Order modification or cancellation should contact the Company at kiana@pardisurfco.com as promptly as possible. The Company cannot guarantee that modification or cancellation requests will be accommodated once fulfillment has commenced.

1.7   Shipping & Delivery

27. Shipping Methods and Timelines. We will ship the product and choose the carrier at our discretion. Estimated delivery timelines are provided at checkout for informational purposes only and do not constitute a guaranteed delivery date. Actual delivery times may vary due to carrier delays, weather conditions, customs processing (for international orders), or other factors outside the Company's control.

28. Shipping Charges. Shipping and handling fees are calculated at checkout based on the size, weight, and destination of the shipment. All applicable shipping charges will be disclosed before the Customer completes the Order.

29. Transfer of Risk of Loss. Risk of loss and title for Products purchased from the Company transfer to the Customer upon delivery of the Product to the carrier. The Company is not responsible for loss, damage, theft, or delay of Products after they have been tendered to the carrier.

30. Customer Duty to Inspect. The Customer is responsible for inspecting all Products upon delivery. If a shipment appears damaged or if the packaging shows visible signs of mishandling, the Customer should: (i) note the damage on the carrier's delivery documentation before signing; (ii) photograph the exterior packaging and the Product; and (iii) notify the Company within five (5) business days of delivery in accordance with Section 4.7 of these Terms. Failure to timely report damage may affect the Customer's eligibility for a replacement or refund.

31. Undeliverable Shipments. If a shipment is returned to the Company as undeliverable due to an incorrect address provided by the Customer or a Customer's failure to accept delivery, the Company may, at its discretion, reship the Product subject to additional shipping charges, or cancel the Order and issue a refund less any shipping costs incurred.

1.8   Intellectual Property

32. Ownership. All Content available on or through the Website, including without limitation text, images, photographs, graphics, logos, trademarks, trade dress, product designs, software, and compilations thereof, is the exclusive property of the Company or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret law.

33. Limited License. Subject to Customer's compliance with these Terms, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for the purpose of browsing and purchasing Products for personal, non-commercial use. No other use is permitted without the prior written consent of the Company.

34. Prohibited Uses. Without the express prior written consent of the Company, Customers may not: (i) reproduce, copy, distribute, or transmit any Content; (ii) modify or create derivative works based on any Content; (iii) use any Content for commercial purposes; (iv) remove or alter any copyright, trademark, or proprietary notices; or (v) use any automated tools (including bots, scrapers, or crawlers) to access or collect data from the Website.

35. Trademarks. All trademarks, service marks, trade names, logos, and product names displayed on the Website are the property of the Company or their respective owners. Nothing in these Terms grants any right to use such marks without prior written permission from the Company or the respective owner.

36. User-Submitted Content. If the Customer submits any content to the Website (including reviews, photos, or comments), the Customer grants the Company a worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, publish, and display such content in connection with the Company's business operations and marketing activities.

1.9   Governing Law & Dispute Resolution

37. Governing Law. These Terms and any dispute arising out of or relating to them or to the purchase of Products from the Company shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

38. Informal Resolution. Before initiating any formal dispute resolution process, the Customer agrees to contact the Company at kiana@pardisurfco.com to attempt to resolve the dispute informally. The parties agree to negotiate in good faith for a period of thirty (30) days following notification of a dispute before proceeding to arbitration.

39. Binding Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the purchase or use of any Product shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its then-current rules. The arbitration shall take place in 725 South Figueroa, Suite 400, Los Angeles, CA 90017. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines that an award of fees is appropriate.

40. Opt-Out Provision. A Customer may opt out of the binding arbitration requirement by sending written notice of their decision to opt out to kiana@pardisurfco.com within thirty (30) days of first accepting these Terms. The opt-out notice must include the Customer's name, address, and a clear statement that the Customer is opting out of arbitration. If a Customer opts out, disputes shall be resolved in accordance with  Section 1.9.43.

41. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE CUSTOMER'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, the arbitration agreement in Section 1.9.39 shall be null and void.

42. Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or other proprietary rights. Any such claims shall be brought exclusively in the state or federal courts located in Orange County, California.  

43.  Court Resolution for Opt-Outs. If a Customer opts out of arbitration under Section 1.9.40, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the purchase or use of any Product shall be resolved exclusively in the state or federal courts located in Orange County, California. The Customer and the Company each consent to the personal jurisdiction of such courts and agree that venue is proper in those courts. All such disputes shall be governed by the laws of the State of California as set forth in Section 1.9.37.

1.10   Modifications to Terms

The Company reserves the right, at its sole discretion, to modify, update, amend, or replace any portion of these Terms at any time. When changes are made, the Company will update the "Effective Date" appearing at the top of this document. The Company may, but is not obligated to, provide additional notice of material changes via email or a prominent notice on the Website.

Your continued use of the Website or placement of an Order following the posting of any revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to any revised Terms, you must immediately discontinue use of the Website. It is your responsibility to review these Terms periodically for updates.

1.11   Limitation of Liability

 

44. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ANY CUSTOMER ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE PURCHASE OR USE OF ANY PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

45. Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE WEBSITE OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

46. Essential Basis. The Customer acknowledges that the limitations of liability set forth in this Section 1.11 reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between the parties. The Company would not be able to offer Products at current prices without these limitations.

47. Jurisdictional Exceptions. Some jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, the Company's liability shall be limited to the greatest extent permitted by applicable law.

1.12   Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

1.13   Contact Information

Questions, concerns, or notices regarding these Terms and Conditions of Sale should be directed to the Company using the contact information below:

 

Contact Method

Details

Company Name

PARDI SURF LIMITED LIABILITY CO

Mailing Address

751 S WEIR CANYON ROAD, ANAHEIM HILLS, CA, 92808

Email Address

KIANA@PARDISURFCO.COM

Phone Number

714-331-6117

Business Hours

MON-FRI 9:00AM-5:00PM PT

 

 

 

SECTION 2

LIABILITY WAIVER AND ASSUMPTION OF RISK

A standalone waiver acknowledged by Customer at the time of purchase

 

IMPORTANT LEGAL DOCUMENT

By completing your purchase, you are agreeing to a Release of Liability, Waiver of Legal Rights, and Assumption of Risk. Please read this document carefully and in its entirety before proceeding.

 

2.1   Introduction & Purpose

This Liability Waiver and Assumption of Risk (hereinafter, the "Waiver") is entered into by and between Pardi Surf Limited Liability Co (the "Company") and the individual completing the purchase (the "Customer"). This Waiver is a condition of the sale of any surfboard or related Product by the Company.

The purpose of this Waiver is to clearly disclose the inherent risks associated with the sport of surfing and the use of surfboard equipment; to confirm the Customer's voluntary assumption of those risks; and to define the extent to which the Company and its representatives may be held liable for injury, loss, or damage arising from the Customer's use of the Products. This Waiver applies to the Customer and, where applicable, to any minor for whom the Customer is making the purchase as a parent or legal guardian.

2.2   Intended Use Declaration

48. Authorized Use. All surfboards and related Products sold by the Company are designed, tested, and intended solely and exclusively for the sport of surfing on open ocean waters or natural bodies of water with wave action, in compliance with all applicable local, state, and federal laws and regulations governing water safety and ocean recreation.

49. Prohibited and Unsanctioned Uses. The Company expressly does not sanction, authorize, or accept any responsibility for the use of its Products for any purpose other than surfing as described in Section 2.2.48. Prohibited and unsanctioned uses include, but are not limited to:

○      Use in swimming pools, water parks, or enclosed artificial wave facilities not designed for surfboard use;

○      Use in rivers, streams, lakes, or other bodies of water not suitable for ocean-style surfing;

○      Use for aerial acrobatics, ramp tricks, or skateboard-park style applications;

○      Use in competitive events or exhibitions for which the Product was not specifically designed;

○      Use in violation of any local, state, federal, or maritime law or regulation;

○      Any use that involves towing by motorized watercraft unless the Product is expressly rated and designed for such use;

○      Any commercial use inconsistent with the Product's design specifications.

50. Off-Label Use at Customer's Risk. Any use of the Product for purposes other than those described in Section 2.2.48 constitutes off-label use. The Customer assumes sole and complete responsibility for all risks, injuries, losses, and damages arising from any such off-label use. The Company expressly disclaims all liability in connection with off-label use to the maximum extent permitted by applicable law.

2.3   Acknowledgment of Inherent Risks

The Customer expressly acknowledges that surfing is a physically demanding, inherently dangerous activity that involves significant and unavoidable risks of personal injury, property damage, and death. These risks exist regardless of the quality or condition of the equipment used and regardless of the skill level of the participant. The Customer specifically acknowledges the following known and foreseeable risks, without limitation:

51. Wipeouts and Falls. The risk of falling from the surfboard during wave riding, paddling, or entry into the water, including the risk of striking the surfboard itself upon falling;

52. Collision with Other Persons or Watercraft. The risk of colliding with other surfers, swimmers, kayakers, boats, jet skis, or other watercraft sharing the same body of water;

53. Impact with the Ocean Floor, Reef, or Other Submerged Objects. The risk of being driven into shallow water, coral reef, rock formations, sand bars, or other submerged hazards by wave action or current;

54. Drowning and Near-Drowning. The risk of submersion, water inhalation, or drowning, including risks associated with being held underwater by successive waves (hold-downs);

55. Rip Currents and Water Conditions. The risk of being caught in rip currents, undertows, shore breaks, or unexpected wave sets that may prevent the Customer from safely reaching shore;

56. Marine Life. The risk of encounter with marine animals including but not limited to sharks, rays, jellyfish, sea urchins, and other potentially harmful ocean life;

57. Sun and Environmental Exposure. The risk of sunburn, dehydration, heat exhaustion, hypothermia, and other conditions arising from prolonged environmental exposure during surfing;

58. Equipment-Related Risks. The risk of equipment malfunction, surfboard breakage, leash entanglement, fin injury, or failure of any component of the surfboard or associated gear;

59. Physical Exhaustion and Medical Events. The risk of overexertion, muscle failure, cardiac events, or other medical emergencies arising during physical activity in a water environment;

60. Other Risks. Any and all other risks, whether known or unknown, foreseen or unforeseen, that are inherent to or may arise in connection with ocean surfing or the use of a surfboard, including risks not specifically enumerated in this Section.

The Customer understands and agrees that the risks listed above are not exhaustive and that surfing may involve risks not currently anticipated or known. The Customer has had the opportunity to ask questions and to seek advice from appropriate professionals before proceeding with this purchase.

2.4   Assumption of Risk

 

THE CUSTOMER HEREBY VOLUNTARILY AND KNOWINGLY ASSUMES ALL RISKS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE USE OF THE PRODUCT, INCLUDING RISKS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE COMPANY, TO THE FULL EXTENT PERMITTED BY THE LAWS OF THE STATE OF CALIFORNIA.

 

The Customer expressly acknowledges that: (i) they have reviewed the risks enumerated in Section 2.3 and understand that such risks are inherent to the sport of surfing; (ii) they have independently evaluated these risks and considered their personal physical condition, skill level, and experience; and (iii) they freely and voluntarily choose to assume all such risks as a condition of purchasing and using the Product.

This assumption of risk applies to the Customer's use of the Product under all conditions, including but not limited to adverse weather, high surf, crowded lineups, unfamiliar surf breaks, and nighttime or low-visibility conditions.

2.5   Release of Liability

 

IN CONSIDERATION OF BEING PERMITTED TO PURCHASE THE PRODUCT, THE CUSTOMER, ON BEHALF OF THEMSELVES AND THEIR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER'S PURCHASE OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION CLAIMS FOR PERSONAL INJURY, BODILY INJURY, DISABILITY, WRONGFUL DEATH, OR DAMAGE TO PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

The Customer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the law of the State of California. If any portion of this Release is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

2.6   Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by any third party arising out of or relating to: (i) the Customer's use of the Product; (ii) the Customer's violation of these Terms or this Waiver; (iii) the Customer's violation of any applicable law, regulation, or third-party right; or (iv) any bodily injury or property damage caused by the Customer during the use of the Product.

The Company reserves the right, at the Customer's expense, to assume exclusive control of the defense of any matter subject to indemnification by the Customer, in which event the Customer agrees to cooperate fully with the Company in connection with such defense.

2.7   Acknowledgment of Physical Fitness

By completing this purchase, the Customer hereby represents, warrants, and affirms that:

61. The Customer is in good physical health and is not aware of any medical condition, physical limitation, disability, or health risk that would make participation in the sport of surfing inadvisable or dangerous;

62. The Customer has not been advised by a licensed medical professional to avoid strenuous physical activity or water sports;

63. The Customer takes sole responsibility for consulting with a qualified physician or healthcare provider prior to engaging in surfing if the Customer has any doubt regarding their physical fitness to do so;

64. The Customer is not relying on any representation, advice, or recommendation from the Company regarding the Customer's fitness or suitability to engage in surfing; and

65. The Company is a retail seller of surfboards and does not provide medical, physical fitness, or sports performance advice of any kind.

2.8   Acknowledgment of Surfing Skills

By completing this purchase, the Customer hereby represents, warrants, and affirms that:

66. The Customer possesses adequate surfing skills and experience for the type and difficulty of surfing for which they intend to use the Product, or the Customer commits to seeking proper instruction and supervised practice from a qualified surfing instructor prior to using the Product independently;

67. The Customer understands that the Product is not equipped with safety features designed to substitute for adequate surfing ability and that the Company makes no representation that the Product will prevent injury or improve the Customer's skill level;

68. The Customer assumes full responsibility for assessing their own skill level relative to the surf conditions they choose to enter; and

69. The Company strongly encourages all first-time surfers and those new to a particular type of surfboard to seek professional instruction before independent use.

2.9   Compliance with Laws

The Customer agrees to comply fully with all applicable local, state, federal, and international laws, statutes, ordinances, rules, and regulations governing the use of surfboards and participation in ocean water sports, including without limitation:

70. All applicable maritime laws and United States Coast Guard regulations;

71. All local beach, surf zone, and water access rules and regulations imposed by municipal, county, or state authorities, including designated surfing areas and restricted zones;

72. All applicable laws governing water safety equipment, including those pertaining to the use of surfboard leashes;

73. All rules and etiquette of the surf community reasonably designed to protect the safety of other surfers and water users;

74. All laws and regulations applicable to surfing by minors, including any minimum age requirements or adult supervision requirements; and

75. Any laws or regulations applicable to the import, export, or use of surfboards in foreign jurisdictions if the Customer transports the Product outside the United States.

2.10   Electronic Acknowledgment

By clicking the "Complete Purchase," "Place Order," or equivalent button on the Website checkout page, the Customer:

76. Confirms that they have read this Waiver carefully and in its entirety;

77. Represents that they fully understand the meaning, effect, and legal significance of this Waiver;

78. Acknowledges that they have had the opportunity to seek legal counsel before accepting this Waiver;

79. Voluntarily and knowingly agrees to be bound by all terms of this Waiver; and

80. Agrees that their electronic acceptance constitutes a valid and binding signature with the same legal force and effect as a handwritten signature, pursuant to applicable electronic signature laws including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA) as adopted by the State of California.

Acknowledgment and Electronic Signature Block

The following block is provided for informational and review purposes to represent what the Customer affirmatively acknowledges upon completing the purchase transaction. This does not replace the electronic acknowledgment mechanism on the Website.

 

I, the undersigned Customer, confirm that I have read, understood, and agree to the Liability Waiver and Assumption of Risk set forth in Section 2 of this Legal Documents Package. I voluntarily assume all risks described herein and release the Company from liability to the extent set forth above.

Customer Signature (Electronic or Written):

Customer Signature

Printed Full Legal Name:

Customer's Full Legal Name

Date of Acknowledgment:

Date (MM/DD/YYYY)

Order Number:

Order / Transaction Reference Number

If this Waiver is being accepted on behalf of a minor, the parent or legal guardian must sign and print their name above and indicate their relationship to the minor below.

Relationship to Minor (if applicable):

Parent / Legal Guardian Relationship

 

In the online checkout environment, the Customer's electronic acknowledgment, IP address, timestamp, and Order reference number will be automatically recorded as evidence of acceptance of this Waiver.

 

SECTION 3

PRODUCT PHOTOGRAPH DISCLAIMER

Governing the interpretation of all visual representations of Products on the Website

3.1   Purpose

This Product Photograph Disclaimer applies to all photographs, images, digital renderings, mockups, illustrations, color swatches, and other visual representations of Products displayed on the Website (collectively, "Product Images"). The purpose of this Disclaimer is to inform Customers that Product Images are provided for illustrative and reference purposes only and may not constitute an exact representation of the Products that will be received upon delivery.

By using the Website and placing an Order, the Customer acknowledges having read and understood this Disclaimer in its entirety. This Disclaimer is incorporated into and forms part of the Terms and Conditions of Sale set forth in Section 1 of this Legal Documents Package.

3.2   Color & Appearance Variations

81. Display Variability. Colors and tones displayed in Product Images on the Website may differ, sometimes significantly, from the actual color and appearance of the Product delivered to the Customer. Such differences may result from, among other factors:

○      Individual monitor, screen, or display device calibration and color profile settings;

○      Differences in ambient lighting conditions at the time photographs were taken;

○      Post-processing, color correction, and editing applied to photographs;

○      Screen resolution, brightness, and contrast settings of the Customer's device;

○      Variations in how different operating systems and web browsers render color profiles; and

○      Natural dye lot and pigment variations in the manufacturing process.

82. No Color Warranty. The Company makes no representation or warranty, express or implied, that the colors, shades, tones, or visual appearance of any Product as displayed in any Product Image accurately represent the color or appearance of the actual Product. The Company expressly disclaims any warranty of color accuracy or color matching.

3.3   No Warranty of Exact Match

THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY PRODUCT RECEIVED BY THE CUSTOMER WILL EXACTLY MATCH, IN COLOR, APPEARANCE, FINISH, DESIGN DETAILS, OR ANY OTHER VISUAL CHARACTERISTIC, ANY PHOTOGRAPH, RENDERING, MOCKUP, DIGITAL IMAGE, COLOR SWATCH, OR OTHER VISUAL REPRESENTATION DISPLAYED ON THE WEBSITE OR OTHERWISE PROVIDED TO THE CUSTOMER IN CONNECTION WITH THE SALE.

This disclaimer is made in addition to, and not in substitution for, any disclaimer of implied warranties set forth in the Terms and Conditions of Sale. Nothing in this Section 3.3 limits any warranty rights the Customer may have under applicable consumer protection laws that cannot be disclaimed.

3.4   Customer Acknowledgment

By placing an Order on the Website, the Customer expressly acknowledges and accepts all of the following:

83. The Customer has read and understood this Product Photograph Disclaimer;

84. The Customer understands that minor discrepancies between Product Images and the actual Product delivered are expected, inherent, and acceptable given the nature of the Products;

85. Such minor discrepancies do not, by themselves, entitle the Customer to return the Product or receive a refund, unless the Product is materially defective, or materially different from the written specifications described at the time of Order, in each case as set forth in Section 4.7 of these Terms;

86. The Customer has independently satisfied themselves as to the general appearance, design, and specifications of the Product prior to placing the Order; and

87. The Customer has had the opportunity to contact the Company with questions prior to purchase, as encouraged in Section 3.5 below.

3.5   Contact for Concerns

The Company understands that a surfboard is a significant purchase and that appearance and design are important considerations for many Customers. Prior to placing an Order, Customers with questions or concerns about the specific appearance, color, finish, or design characteristics of any Product are encouraged to contact the Company directly:

 

Contact Method

Details

Email

kiana@pardisurfco.com

Phone

714-331-6117

Response Time

10 business days

 

The Company will make commercially reasonable efforts to provide supplemental photographs, material samples, finish descriptions, or other information to assist Customers in making an informed purchasing decision.

 

SECTION 4

RETURN AND REFUND POLICY

Governing all returns, refunds, exchanges, and warranty claims

4.1   General Policy

The Company is committed to Customer satisfaction. This Return and Refund Policy (the "Return Policy") sets forth the conditions under which the Company will accept returns and issue refunds for Products purchased through the Website. This Return Policy is incorporated by reference into the Terms and Conditions of Sale set forth in Section 1 of this Legal Documents Package.

Eligible Products may be returned for a refund or exchange within thirty (30) calendar days from the date of confirmed delivery (the "Return Window"), subject to the eligibility requirements and exceptions set forth in this Section 4.

4.2   Eligibility Requirements

To be eligible for return, a Product must satisfy all of the following conditions at the time it is received by the Company:

88. Unused and Unridden. The Product must be in completely unused, unridden condition. Any Product that shows evidence of having been used in water, exposed to sunlight during use, or ridden in any manner is ineligible for return;

89. Original Condition. The Product must be in its original, unaltered condition, fins never screwed in, free from any modifications, repairs, new dings, pressure dents, wax application, sticker adhesive, or alterations of any kind made after delivery;

90. Original Packaging. The Product must be returned in its original packaging, including all protective materials, fin sets, leash plugs, fin key, hang tags, stickers, and any other accessories, documentation, or collateral materials originally included with the Product;

91. Within the Return Window. The Customer must initiate the return request within the Return Window as defined in Section 4.1 and must ship the Product to the Company such that it is received within a reasonable time thereafter; and

92. RMA Number Obtained. The Customer must have obtained a valid Return Merchandise Authorization (RMA) number from the Company prior to shipping the Product, as described in Section 4.4.

The Company reserves the right to reject any returned Product that does not meet all of the above eligibility requirements. In such cases, the Product may be returned to the Customer at the Customer's expense or held pending resolution of a dispute.

4.3   Non-Returnable Items

The following categories of Products are not eligible for return or refund under any circumstances, except where the Product is confirmed to be structurally defective as described in Section 4.7:

93. Custom and Personalized Surfboards. Any Product manufactured to the Customer's specific order, including custom shapes, custom color schemes, personalized graphics, custom dimensions, custom fin setups, or other Customer-specified features. Custom Products are made-to-order and cannot be resold; they are therefore final sale upon completion of manufacture;

94. Final Sale Items. Any Product designated as "Final Sale," "Clearance," or "As-Is" at the time of purchase, whether indicated in the Product listing, at checkout, or on the Order Confirmation;

95. Products Showing Signs of Use or Water Exposure. Any Product that has been ridden, waxed, used in water, fins have been screwed in, or shows physical signs of outdoor exposure or use, regardless of the extent of use;

96. Products Returned Outside the Return Window. Any Product for which a return request is initiated after the expiration of the 30-day Return Window, as described in Section 4.1;

97. Products Returned Without Original Packaging. Any Product returned without its complete original packaging, accessories, documentation, and included items;

98. Products with Unauthorized Modifications. Any Product that has been modified, repaired, or altered by the Customer or any third party after delivery; and

99. Digital Products and Non-Physical Purchases. Any digital downloads, gift cards, or other non-physical products or services purchased through the Website.

4.4   How to Initiate a Return

Customers wishing to initiate a return must follow the steps below. Products returned without following this process may be refused or returned to the Customer at the Customer's expense.

100.                Step 1 — Contact the Company. Within the Return Window, send an email to

kiana@pardisurfco.com with the subject line "Return Request – Order #[ORDER NUMBER]." The email must include:

○      The Customer's full name and contact information;

○      The Order number;

○      The name or SKU of the Product(s) to be returned;

○      The reason for the return; and

○      Photographs of the Product in its current condition (required for all returns).

101.                Step 2 — Await RMA Approval. The Company will review the return request and respond within [10] business days. If the return is approved, the Company will issue a Return Merchandise Authorization (RMA) number along with return shipping instructions. Return requests that do not meet eligibility requirements will be denied, with explanation provided to the Customer.

102.                Step 3 — Package the Product Securely. The Customer must repack the Product in its original packaging with all included accessories and documentation. Surfboards must be adequately protected to prevent shipping damage during the return journey. The Company is not responsible for damage to Products during return shipping.

103.                Step 4 — Affix RMA Number and Ship. The RMA number must be clearly written on the exterior of the return package. Ship the Product to:

            Return Address:
            751 S Weir Canyon Rd, Anaheim Hills, CA, 92808
            Attn: Returns Department — RMA #[RMA NUMBER]

104.                Step 5 — Provide Tracking Information. The Customer must email the return tracking number to kiana@pardisurfco.com within two (2) business days of shipping the return. The Company recommends using a trackable shipping method with carrier insurance appropriate to the value of the Product.

4.5   Return Shipping Costs

105.                Customer-Paid Return Shipping. Unless the return is the result of a confirmed defect or a Company error (such as shipment of a wrong item or a Product materially different from the Order), the Customer is solely responsible for all costs associated with return shipping, including but not limited to carrier fees, packaging materials, and insurance.

106.                Non-Refundable Original Shipping. Original outbound shipping and handling charges paid by the Customer at the time of Order are non-refundable in all cases, unless the return is the result of a Company error or a confirmed product defect under Section 4.7.

107.                Defective or Company-Error Returns. Where the Company confirms a product defect or Company shipping error, the Company will provide a prepaid return shipping label at no cost to the Customer. The Customer must use the carrier and method specified by the Company.

108.                Risk During Return Transit. The risk of loss, theft, or damage to the Product during return shipping remains with the Customer until the Product is received and confirmed by the Company. The Company strongly recommends that Customers insure return shipments for the full purchase value of the Product.

4.6   Refund Processing

109.                A 15% restocking fee will be applied to all returns. Calculation is based on the listed sale price of the returned item at time of sale.

4.7   Defective or Damaged Products

110.                Reporting Deadline. If a Product arrives damaged or is found to have a structural defect, the Customer must notify the Company within five (5) business days of the confirmed delivery date. Notification must be sent to kiana@pardisurfco.com and must include the Customer's Order number, a detailed written description of the damage or defect, and clear photographs documenting the issue.

111.                Company Response. Upon receipt and review of the Customer's report, the Company will investigate the claim and respond within [10] business days. If the Company confirms the damage or defect, the Company will, at its election and at no additional cost to the Customer:

○      Arrange for replacement of the Product with an equivalent or comparable Product; or

○      Issue a full refund to the Customer's original payment method.

112.                Return of Defective Product. The Company may require the Customer to return the defective Product before a replacement or refund is issued. Where a return is required, the Company will provide a prepaid return shipping label.

113.                Limitations. The Company's obligations under this Section 4.7 apply only to damage or defects that exist at the time of delivery and are not the result of: (i) Customer mishandling, misuse, or negligence; (ii) normal wear and tear; (iii) damage occurring after delivery; (iv) unauthorized modifications or repairs; or (v) damage caused during Customer-arranged return shipping.

4.8   Exchanges

114.                Exchange Availability. Exchanges for a different Product of equal or lesser value are available subject to stock availability and the eligibility requirements of Section 4.2. The Company cannot guarantee the availability of any specific Product for exchange at the time a return is processed.

115.                Exchange Process — Sequential. Unless a simultaneous exchange is arranged as described in Section 4.8.116, the Customer must first return the original Product and receive return confirmation from the Company before the exchange Product will be shipped. This process follows the same steps outlined in Section 4.4.

116.                Simultaneous Exchange. At the Company's discretion, a Customer may request a simultaneous exchange, under which the replacement Product ships before the original Product is received. Simultaneous exchanges require the Customer to provide a valid credit card authorization hold equal to the full retail value of the replacement Product, which will be released upon receipt and approval of the returned original Product.

117.                Price Differences. If the exchange Product is of greater value than the original Product, the Customer will be charged for the price difference. If the exchange Product is of lesser value, the Company will issue a partial refund for the difference, less any applicable restocking fee.

4.9   Dispute Resolution

Any dispute arising from or relating to a return, refund, exchange, or warranty claim under this Return Policy that cannot be resolved through good-faith communication with the Company shall be handled in accordance with the Governing Law and Dispute Resolution provisions set forth in Section 1.9 of the Terms and Conditions of Sale, including the binding arbitration clause, class action waiver, and opt-out provisions contained therein. By accepting this Return Policy, the Customer agrees to those dispute resolution terms as they apply to return and refund disputes.

For all return and refund inquiries, the Customer may contact the Company at:

 

Contact Method

Details

Email

kiana@pardisurfco.com

Phone

714-331-6117

Mailing Address

751 S Weir Canyon Rd, Anaheim Hills, CA 92808

Business Hours

MON-FRI 9:00AM-5:00PM PT