TERMS OF USE AGREEMENT


The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Epic Surf Racks indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Epic Surf Racks. Epic Surf Racks reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark Notice
This site is owned and operated by Epic Surf Racks. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Epic Surf Racks, Copyright © 2009-2014, ALL RIGHTS RESERVED. All software used on the site is the sole property of Epic Surf Racks or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Epic Surf Racks’ prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Epic Surf Racks is a registered trademark, trademarks or service marks of Epic Surf Racks. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Epic Surf Racks. All other trademarks or service marks are property of their respective owners. The use of any Epic Surf Racks trademark or service mark without Epic Surf Racks' express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold
All of Epic Surf Racks’ products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Epic Surf Racks makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Epic Surf Racks site. Except as expressly stated herein, Epic Surf Racks expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, storage, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Epic Surf Racks arising from any product sold on the Epic Surf Racks website shall be the price of the product ordered. In no event shall Epic Surf Racks, its owners, directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Disclaimer and Limitation of Liability as to the Epic Surf Racks Websites
The Epic Surf Racks website and the materials therein are provided "as is". Epic Surf Racks makes no representations or warranties, either expressed or implied, of any kind with respect to the Epic Surf Racks sites, their operations, contents, information, materials or year 2000 compliance. Epic Surf Racks expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to storage, merchantability, and fitness for a particular purpose. You agree that Epic Surf Racks, its owners, directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Epic Surf Racks sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Epic Surf Racks or our suppliers, Epic Surf Racks shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Epic Surf Racks 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 canceled, Epic Surf Racks 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 Epic Surf Racks is not responsible for the operation of or content located on or through any such site.

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. Epic Surf Racks reserves the right at any time after receipt of your order to accept or decline your order for any reason. Epic Surf Racks reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Epic Surf Racks is a seller and reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Epic Surf Racks, unless pre-approved in writing by a member of management at Epic Surf Racks.

Delivery of Hand-Built Products
Epic Surf Racks' free-standing storage 'products' are hand-built to order, and usually ship within 7-20 business days, depending on the model. Once these 'products' are shipped, customer tracking information is provided via email, as a confirmation signature is required on ALL free-standing surf racks ('products'.)  Once this tracking information has been populated and sent any allocated shipping charges with the 'product's' transaction is then deemed non-refundable.  The customer shall be solely responsible to coordinate for receiving said 'products', as well as provide the adequate signature required, upon delivery.  Epic Surf Racks is in no way responsible for shipping charges, return shipping charges, punitive charges, and/or damages associated with 'products' which have been deemed 'failed to be received' or 'unable to deliver' as stated by the courier, of Epic Surf Rack's choosing.  If a 'product' has been proven to be 'failed to be received' or 'unable to deliver' the customer is responsible for any additional charges which may result to obtain said 'products', in addition to a $35 reprocessing fee, which may be allocated at Epic Surf Rack's discretion. 

Returns for Hand-Built Products
Epic Surf Rack's hand-built products come with a 60 day - satisfaction guarantee*.  If you are not happy for any reason you can return the product for 100% of the purchase price, less the cost of shipping, and handling charges. In addition, products over $300.00 are subject to a restocking fee of 25% of the total order value.  For hand-built products (i.e. Wooden Free-standing Surf Racks) the customer is to pay the associated return shipping amount, as well as ship via the same courier which product was initially sent. Defective/damaged items sent will be replaced or refunded to 100% of the purchase price at Epic Surf Rack's discretion.  

*Products that are excluded from the 60 day - satisfaction guarantee are Custom Orders, and Rush Orders.  All sales of Custom Orders and Rush Orders are final unless determined as a manufacturer's defect (as determined by a qualified representative of the manufacturer.)  Rush Orders are any orders in which the lead time for product has been expedited, in any way for the customer.  

Returns for Non-Hand-Built Products
Epic Surf Rack's non-hand-built products come with a 60 day - satisfaction guarantee.  This return policy is nullified if there is any noticeable wear and tear to the product, after fulfillment has been complete.  It needs to be returned in the same condition it was received, with all original packaging. 

Returns when Free-Shipping Option  / Local Pickup / Pickup From Store is Selected - 60 Day Satisfaction Guarantee
In the event customer is not satisfied with product, decides to return and had selected the 'Free-Shipping' Options at the inception of the purchase, the initial shipping cost will be deducted from the refund. The return shipping cost is also non-refundable, unless product is determined as a manufacturing defect by a qualified representitive at Epic Surf Racks. Any sale where any portion of the order has been expedited, or deemed as a rush order, is final, unless proven as a manufacturer defect, by a qualified representitive at Epic Surf Racks.  For items that have been pulled from our warehouse to be brought to the store for the free local-pickup option, the freight charges incurred to move the product from the warehouse are non-refundable.

Sales Taxes
Epic Surf Racks shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Orders shipping to international addresses will be charged the applicable taxes and duties.

Jurisdiction and Venue
You agree that any legal action brought against Epic Surf Racks shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Epic Surf Racks sites shall be an appropriate federal or state court located in San Diego County California.