Term and Conditions

Last Updated: January 2024

1. Acceptance of Terms

By accessing and using surfboardclothing.com (the “Site”), you accept and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Site or services.

2. User Obligations and Responsibilities

Account Registration

While not required for browsing, creating an account may be necessary for certain features. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

Prohibited Activities

You agree not to:

• Use the Site for any illegal purpose or in violation of any laws
• Submit false or misleading information
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Site
• Use any data mining, robots, or similar data gathering tools

3. Products and Services

Product Descriptions

We strive to accurately display our products, including:

• Atelier Cruiser and Performance Cruiser boards
• Hypto Krypto series surfboards
• Black Noiz and Holy Grail collections
• HS Signature and Cohort series
• Boardshorts, swimwear, and clothing
• Fins and hardware components

However, we do not warrant that product descriptions, colors, or other content is completely accurate, reliable, or error-free.

Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. If a product is unavailable after you place an order, we will notify you and provide a refund if payment was processed.

4. Orders and Payment

Order Process

When you place an order:

• You receive an order confirmation email (this is not acceptance of your order)
• We process orders within 1-2 business days after payment confirmation
• Order acceptance occurs when we ship the product
• We reserve the right to refuse or cancel any order for any reason

Pricing and Payment Methods

We accept the following payment methods:

• Visa
• MasterCard
• JCB
• PayPal

All prices are in US dollars. We reserve the right to adjust prices at any time, but price changes will not affect orders already accepted.

5. Shipping Policy

Shipping Methods and Timeframes

We offer two shipping options:

• Standard Shipping – $12.95 via DHL or FedEx
  • Delivery time: 10-15 business days after shipping
• Free Shipping – via EMS (minimum order $50)
  • Delivery time: 15-25 business days after shipping

Shipping Areas

We ship globally, excluding some Asian countries and remote regions. If you’re unsure about delivery to your location, please contact us before ordering.

Shipping Delays

While we strive to meet estimated delivery times, we are not responsible for delays caused by carriers, customs, weather, or other factors beyond our control.

6. Returns and Exchanges

Return Policy

We stand behind our performance-proven surf gear. You may return most items within 15 days of delivery if:

• Items are unused, unworn, and in original packaging with tags attached
• You provide proof of purchase (original receipt or order confirmation)
• You obtain a Return Authorization Number before shipping items back

Non-Returnable Items

For hygiene and safety reasons, the following items cannot be returned:

• Fins and hardware components
• All swimwear and boardshorts
• Surfboard accessories with opened packaging
• Custom orders from our HS Signature or Cohort series
• Products purchased from our HS Outlet section

Return Process

To initiate a return:

1. Email [email protected] within 15 days of receiving your order
2. Wait for approval and a Return Authorization Number
3. Package items securely in original packaging with all tags
4. Include a copy of your receipt and Return Authorization Number
5. Ship to: FCS Sales Store Returns, 4656 Frederick Street, El Paso, TX 79901 USA

Refunds

Refund processing timeline:

• Processing time: 3-5 business days after we receive and inspect your return
• Bank processing: 5-10 business days for the refund to appear in your account
• Total time: Typically 8-15 business days from when we receive your return

Refunds are issued to your original payment method. Original shipping fees are non-refundable unless the return is due to our error.

7. Intellectual Property

All content on this Site, including but not limited to:

• Text, graphics, logos, and images
• Product designs and descriptions
• Software and source code
• Brand names like Hypto Krypto, Atelier, and Black Noiz

are the property of FCS Sales Store or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from this Site without our express written permission.

8. Limitation of Liability

To the fullest extent permitted by law, FCS Sales Store shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or use
• Damages related to the use or inability to use our products or Site
• Issues arising from incorrect product use or failure to follow care instructions

Our total liability for any claim related to these Terms or your use of the Site shall not exceed the amount you paid for the product(s) in question.

9. Privacy

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and protect your data.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in El Paso County, Texas.

11. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

12. Contact Information