TERMS AND CONDITIONS
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and Bert’s Surf Shop (“Bert’s “, “Our” or “Company”) the owner and administrator of this Website and all content and functionality contained herein.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
INTRODUCTION
- These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).
- This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
- Bert’s reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these terms.
- If You do not agree to be bound by these terms, You may not enter, access or use the Website, or purchase any Products through this Website, and You should exit the Website immediately. By accessing, using or ordering Products through the Website, You affirm that You have read this agreement and understand, agree and consent to all terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.
- At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” date indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Bert’s agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Our Website, the services provided through Our Website, any transaction or relationship between us resulting from Your use of Our Website, communications between us, or the purchase, order, or use of Our Products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Bert’s agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Bert’s further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Bert’s and may not preside over any kind of representative or class proceeding against Bert’s, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BERT’S, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING.
ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES
If you have any questions please contact Our Customer Service Department toll-free at (888) 425-6284 or via email at [email protected].
SHIPPING:
All orders are shipped via UPS/ USPS. Orders are typically shipped on the next business day after the order was placed. Orders placed on the weekend will be shipped the following business day. Packages are estimated to arrive within 3-8 business days within the United States. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. Customers are responsible for paying any shipping charges for sending back any unauthorized return. International orders may required additional tax fees upon arrival in which customer is responsible for paying.
If your tracking information shows that your package was delivered, but you can’t find it:
Within 48 hours of expected delivery (excluded weekends & Holidays)
– Verify the shipping address
– Look for a notice of attempted delivery
– Look around the delivery location for your package
– See if someone else accepted the delivery
– Check your mailbox or wherever else you receive mail.
– Wait 48 hours – in rare cases packages may say delivered up to 48 hours prior to arrival
If the address is correct and you have not yet received your package please call USPS @ Toll Free 1-800-ASK-USPS® (1-800-275-8777) or go into your local post office with the tracking details provided for more information.
REFUNDS AND RETURNS
Our Customer service team will handle it on a case by case basis. All requests for refunds will be handled by customer service and may require a return of unused/ un-opened Merchandise Refund may not be available if more than 30 days have passed from the date the customer was billed for the Merchandise. More stipulations to our refund/return policy are documented in our “Policies & Returns” details on our website.
REPRESENTATIONS; DISCLAIMERS
- It is our intention to provide You with the finest Products available, and we believe in the efficacy of every Product we sell.
- We endeavor to provide You with accurate information about Our Products.
OWNERSHIP; INTELLECTUAL PROPERTY
- The website, and all images and content at the website (collectively, “Materials”), are the sole and exclusive property of Bert’s or its licensors. No license or ownership rights in or to any of the materials are conveyed to You by virtue of this agreement or by Your purchase of any Product from the website.
- The materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the materials may be reproduced by You without Bert’s prior written permission.
YOUR REPRESENTATIONS
You hereby represent and warrant that:
- You have read this Agreement and thoroughly understand the terms contained in this Agreement;
- Any Products You purchase from the website will be used for Your personal, non-commercial use;
- You will not re-sell, re-distribute or export any Product that You order from the website;
- Bert’s has the right to rely upon all information provided to Bert’s by You;
- Bert’s may contact You by email, telephone or postal mail for any purpose, including but not limited to:
- Order follow-up calls
- Customer satisfaction surveys, and
- Inquiries about any orders You placed, or considered placing, at or through the website.
RESTRICTIONS
Without the express prior written authorization of Bert’s, You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Materials;
- Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Materials;
- Use any meta-tags or any other “hidden text” using the Website’s name or marks;
- “Deep-link” to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION
- This Agreement shall remain in force as long as You access the website, use any functions or features of the website, or order anything from the website.
- We reserve the right to terminate this agreement without notice and/or refuse to sell to anyone who we believe, in Our sole discretion
- Has violated any of the terms of this agreement,
- Is unable to provide us with sufficient information to allow us to properly fulfill a customer order.
LIMITATION OF LIABILITY; NO WARRANTIES.
- In no event shall Bert’s or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, “Claims”) arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
- Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever.
- The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Bert’s, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
NOTICE
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by Customers to Bert’s must be sent in writing to the following address: Bert’s Surf Shop, Attention: Corporate Office, 210 E New Bern Road, Kinston, NC 28504.
FORCE MAJEURE
Bert’s shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Bert’s performance.
MISCELLANEOUS
Bert’s does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Bert’s in writing, these terms and conditions may not be amended by You.
Customer Service: (888) 425-6284
E-Mail: [email protected]
© 2022 Bertsurfshop.com – Revised Aug 17, 2022
Name & Registered Office:
Bert’s Surf Shop