Terms & Conditions

TERMS OF USE

Please review these Terms of Use applicable to the WSL online store.  These Terms of Use are in addition to the Worldsurfleague.com Terms and Policies. Your use of this web site (“Site”), including the ordering of products, constitutes your acceptance of the following terms and conditions.  Association of Surfing Professionals LLC d/b/a World Surf League  (“WSL”) and Exchange Collective, Inc. (“EC”) (collectively referred to as “we” or “us”) reserve the right to revise these Terms of Use at any time without prior written notice.  As a result, we encourage you to review these Terms of Use whenever you purchase products via this Site.

 

About The Site

WSL is responsible for the hosting, operation and maintenance of the Site. Exchange Collective is responsible for purchases and sales of products made through the Site. Some orders placed through the Site are fulfilled by the applicable third-party vendor or manufacturer and delivered directly to you.

 

Acceptance of Terms

This Site is designed for and targeted to individuals who are at least 18 years of age or older. In order to use and access the features and services provided by this Site you must be 18 years of age or older.  If you are not an adult, please stop and discontinue your use of this website. If for any reason you do not agree with these Terms of Use, including this Site's Privacy Policy, please discontinue using this Site. By using this Site, you agree to be legally bound by these Terms of Use. We reserve the right to change the terms of these Terms of Use or to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. You should visit this page regularly and review these Terms of Use for the current terms, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.

 

Representations

By using this website you represent and warrant that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms of Use.

 

Products

We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages.  You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid us products and services ordered through the Site.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.  WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Products may be purchased while supplies last.  Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you.  An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you prior to cancelling the order. 

 

Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through the Site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

Advertising Disclaimer and Trademarks

The descriptions of products and services that are posted on our site are the representations of the third-party retailers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

 

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from any third-party retailers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We 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 cancelled, we will immediately authorize a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs or images are courtesy of third-party retailers or the respective manufacturers.

 

Use of Site

We welcome your comments about the Site; however, any comments, reviews, messages, suggestions or other communications (collectively "Comments") sent to the Site shall be and remain the exclusive property of WSL and/or EC.  Your submission of any such Comments shall constitute an assignment to WSL and EC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  WSL and EC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Comments that you do not wish to assign to us.

 

Use Restrictions

Each time you use a password or log in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with these terms and conditions.  You agree that you will not under any circumstances

• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s WSL account without permission;
• interfere or attempt to interfere with the proper functioning of the Site or the Services;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
• use the communication systems provided by, or contacts made through, the Site for any commercial solicitation purposes;
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

Disclaimer And Limitation Of Liability

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

Payment Terms and Sales Taxes

All payments accepted through the Site will be processed by a third-party secure payment processing company (i.e. Stripe, Inc.).

All payments must be in United States dollars.  If any unauthorized use of your credit card occurs as a result of your credit card purchase on the Site notify your credit card provider in accordance with its reporting rules and procedures.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

Shipping Policy

Shipping is provided by the applicable third-party vendor or manufacture and shipping is Ground delivery only (or similar). Please check the individual product page for specific delivery options and updated carriers. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.

Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon processing of payment and may be delayed should we experience difficulties doing so.

There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, EC will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, EC or the applicable third-party retailer will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, EC will send you an e-mail message asking if you want to cancel the order. If you do not advise EC that you would like to cancel the order, EC will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs.

These shipping terms are accepted by you by placing an order with us.

 

Warranty and Return Policy

Most of the products and services available through the Site are covered under the manufacturer’s warranty. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers and third-party retailers participating on our site, and you agree that under no circumstances will WSL be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through the Site.

While we do not offer any warranties with respect to the products and services available through the Site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications. For more information or to return products you can visit the Returns section of this site or e-mail our Returns Department at support@wslstore.com and make sure to include your name, invoice or order number, SKU number, and nature of the problem.

All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick-up of the damaged merchandise.

Defective returns can be returned directly to us within 60 days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item. After 60 days, all manufacturers’ warranties apply and you should contact the appropriate warrant service provider identified in the product description.

Non-defective returns can be accepted directly by us within 60 days from the invoice date for, at our discretion, credit or exchange. Non-defective returns may be subject to a 15% restocking fee at WSL’s discretion.

Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. Defective merchandise can be returned for repair only to the manufacturer directly or to any authorized service center in your area. See the description of the particular product for warranty information as provided by the manufacturer. Some products in our store that are made by and fulfilled by third party brands (Billabong, Rip Curl, LEUS Towels, etc.) cannot be returned FOR ANY REASON. Please check the information provided in the description of the particular products you are ordering for information about return options.

These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through the Site.

 

Privacy

We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

 

Termination

In addition to any other legal or equitable remedies, WSL may without prior notice to you immediately terminate your account or revoke your right to access or use the Site.  Upon notice of termination of your account, you shall immediately cease all access to and use of the Site and WSL shall immediately revoke all passwords and account identification issued to you and deny your access to the site in whole or part.  However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

 

Applicable Law and Jurisdictional Matters

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or WSL may bring to enforce these Terms of Use or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in California, and you expressly consent to the jurisdiction of said courts.