Terms of service
Terms and Conditions of Sale
These terms of sale apply to Portugal, France, Germany and Spain, not including the Canary islands, Ceuta and Melilla.
You are reading these Terms and Conditions of Sale (“Terms”) because you are using eu.ktsurfing.com, a KT Surfing website available by desktop or mobile web, or smartphone application, (the “Site”) controlled by 4 Haiku S.L. Apartado de correos, 22, Tarifa, Spain.
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. Including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site.
Your use of the Site constitutes your agreement to follow and be bound by these Terms. By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us: info@ktsurfing.com. Your use of the Site is also governed by KT Surfing’s Warranty, Cookie and Privacy Policies. The Terms of Use are incorporated herein by this reference.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce Site that allows us to sell our products and services to you.
PERMISSIONS AND RESTRICTIONS OF WEBSITE MATERIALS
The entire content of this Site, including but not limited to the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
TRADEMARK
Trademarks: All trademarks displayed on the Site are owned by or licensed to us, and none of these marks, names or logos may be used without the prior written permission of their owner.
LINKS
Links provided within the Site may allow you to connect to other websites and services that are not under our control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
MODIFICATIONS
We may revise these terms from time to time. You are responsible for checking these terms when you visit our Site to review the current terms. If you do not agree with the terms, you should cease use of the Site immediately.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
>PLACING ORDERS ON THE SITE
ELIGIBILITY
“Customer”, “You”, “Your”: Refers to any individual or legal entity making a purchase from eu.ktsurfing.com website.
To place an order on the Site, you must be at least 18 years old, or older if that is required under applicable law to enter into an agreement with KT Surfing, and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Site is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available / in stock.
- your billing information is not correct or not verifiable.
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud.
- you are under 18, or under an older age if an older age is permitted under applicable law to enter into an agreement with KT Surfing.
- you are a reseller.
- there was an error in the price displayed on the Site.
- or we could not deliver to the address provided by you.
- due to an Event Outside Our Control (see below).
EMAIL & DATA CHECK
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Site will be investigated and if necessary prosecuted.
By making a purchase on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
CONFIRMATION ORDERS
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
CANCELLATION OR REFUSAL OF ORDERS
Please ensure your order is correct before placing it.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
>PRICE AND METHOD OF PAYMENT
AUTHORIZED PAYMENT METHODS
Payment for orders is made exclusively on the Site. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account immediately after the order is placed. Payments can only be processed if the billing information can be verified.
TITLE TRANSFER
We retain title in any product(s) until we have received full payment for such product(s).
PRICES AND CURRENCY
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
Prices are quoted in local currency Euro. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
If you are a legal entity, for items purchased on this Site. The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Accordingly, the VAT amount and rate are indicated in any invoice.
PRICE CHANGES
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
PROMOTIONS AND THEIR APPLICATION
KT Surfing reserves the right to organize promotional campaigns as part of its activities. Use of promotional codes are subject to the following terms and conditions:
.Promotional campaigns are only accessible to individuals acting in their capacity as consumers (ELIGIBILITY. Definitions “Customer”).
.The promotional code associated with the promotional campaign must be mentioned in the requested area at the time of validating the basket to be taken into account.
.Promotional codes are applicable only to products that can be added to the shopping card.
.No modification can be made to the order once it has been validated.
.Promotional codes provided to a customer by KT Surfing may be subject to use restrictions relating to specific products, product categories, or other use restrictions as determined in KT Surfing’s sole discretion.
.A promotional code will expire as indicated by KT Surfing and may expire prior to the actual use of the promotional code.
.Promotional codes cannot be combined with other offers, promotions, or discounts;
.Promotional code campaigns are only applicable as long as KT Surfing’s stock lasts. The Client can only use a promotional code once (1).
.Promotional codes are not transferable and cannot be redeemed or exchanged for cash.
.Promotional codes have no cash value.
.Only one promotional code per household.
.The offered discounts are valid only on the purchase of products and not on ancillary costs such as shipping fees.
.KT Surfing reserves the right to modify, extend, or cancel any promotional offer or discount at any time, without prior notice.
.If the order is placed in violation of these Terms, then KT Surfing will not be committed to the Customer and will inform them as soon as possible.
>SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays observed where our warehouse is located. We can only fulfill an order to a delivery address which is a home or office address in one of the destination countries listed on the checkout page: Spain (mainland and Balearic islands), Portugal, France and Germany. The Canary Islands, Ceuta and Melilla are not included.
SPLIT DELIVERY
Where possible, we try to deliver all items which you have ordered at the same time.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
SHIPPING LIMITATION
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. Please note shipping costs are estimate and may change due to board size and destination. KT Surfing reserves the right to adjust the shipping price based on the quoted rates. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting KT Surfing Customer Service regarding any claims for damaged and/or lost shipments as well as changes to any shipment information.
SHIPMENT TRACKING
Within the next 72h after your order confirmation.
You will receive an email confirming that your package is on its way to your home. This email will include a link to track your package.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
Any missing items, incorrect products, or damage to the goods must be reported to KT Surfing within twenty-four (24) hours of receipt. Contact us at info@ktsurfing.com.
DAMAGED GOODS IN TRANSIT
Remember that if the goods are damaged during shipping, KT Surfing is not responsible for it,
Upon timely notification, our team will initiate a formal carrier claim on the customer's behalf. Contact our customer care team at info@ktsurfing.com. Please note that claims must be submitted within 5 calendar days of delivery, so prompt reporting is essential. Final compensation is determined solely by the shipping carrier and falls outside KT Surfing's responsibility.
SHIPPING RATES
FREE SHIPPING
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive free ‘standard delivery’.
Our shipping rates:
Orders of €100 or more — Free standard delivery.
Orders under €100 — €26 flat rate shipping applies.
All surfboard orders — Free standard delivery included
SHIPPING DELAYS
DELAYS AND FAILURES ON DELIVERY
KT Surfing makes every effort to comply with the delivery times specified on our website. However, the Client’s absence at the time of delivery, insufficient information regarding the delivery, or an incorrect address may result in the inability of our partner carriers to deliver within the specified timeframe. In such cases, KT Surfing may arrange for alternative delivery methods, which could incur additional delivery costs, to be borne by the Client.
In the event of refusal to accept the parcel or return due to non-delivery (including due to high customs fees or inability to deliver), the initial delivery charges remain payable and will not be refunded. Return costs and any additional fees (including customs fees) will remain the responsibility of the Client.
This provision does not affect the right of withdrawal under the Real Decreto Legislativo 1/2007 updated by Ley 3/2014 of the Spanish Consumer Code, applicable to distance sales to consumers, under the conditions defined by law.
In the case of a delayed delivery, an investigation will be conducted with the carrier, which may take a minimum of 5 business days. During this period, no refund, replacement, or reshipment of products will be possible. If the situation is not resolved within a reasonable timeframe, an alternative solution may be offered to the Client, subject to contractual terms.
KT Surfing shall not be held liable for any consequences arising from a delay in delivery or loss of goods caused by a third party in the transport contract, by the Client’s failure (such as an incorrect address or absence during delivery), or due to an unforeseeable and insurmountable event (force majeure).
>RETURNS
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
On the sales generated in this Site, the Supplier warrants to the Customer, subject to the terms and conditions set out in this Limited Warranty, that the Products are free from any defect in the materials selected and manufacturing processes employed in the production of the Products.
This Limited Warranty shall be made by the KT Surfing in respect defects arising in each Product sold to the Customer during the period of one (1) year.
This limited warranty applies only to the original owner of the KT Surfing products and is not transferable to subsequent owners.
YOUR RIGHT OF WITHDRAWAL
In accordance with legal provisions in force, specifically Real Decreto Legislativo 1/2007 updated by Ley 3/2014 of the Spanish Consumer Code, Ley General para la Defensa de los Consumidores y Usuarios.
If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 14 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 14 calendar days after the last product is delivered, without giving us any reason.
If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 14 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
To be eligible for a refund, all items must be returned in their original, unused condition and complete with all supplied components, including fins and any accompanying accessories. Incomplete or used returns will not qualify.
Please note, return shipping cost for products purchased online are not free, meaning these costs will be deducted from your initial payment.
For practical information on how to return, see the Site. You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement (e.g. by a letter, fax or e-mail). It is sufficient that you send this statement to us before the withdrawal period ends.
If you inform us that you wish to return a product, we shall reimburse to you the purchase price (not the shipping costs), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products. The return costs are paid by you.
REFUND INFORMATION
Refunds will be issued based on the original form of payment.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
DISPUTE RESOLUTION
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and KT Surfing agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute.
Notice shall be sent to: KT Surfing Customer Service, Tarifa. Unless you indicate otherwise in your notice, KT Surfing shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that KT Surfing is unable to resolve the dispute with you through the Customer Service department referenced above, you and KT Surfing both agree the parties shall resolve their dispute utilizing binding arbitration in Spain. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
CHOICE OF LAW/JURISDICTION
You agree that the Platform, Terms of Sale, and any dispute between you and KT Surfing shall be governed in all respects by Spanish law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of KT Surfing products) shall be resolved individually, without resort to any form of class action, and exclusily in the competent courts of Barcelona, Spain.
In case you have a complaint, please contact us.
Owner: 4 HAIKU HI
Registered office: Apartado de Correos, 22. Tarifa, Spain.
TAX ID: B65113367
Phone: +34 956.682931
Email: info@ktsurfing.com