1. Definitions

Order means the order for specific Products you place with us, including any changes that are subsequently agreed by the parties. If you are purchasing through the Website, your Order will be displayed to you in the checkout of the Website. If you are purchasing directly with one of our sales representatives, your Order will be as set out in an order confirmation provided to you. If any changes to your Order are agreed, you will be provided with an updated order confirmation reflecting those changes.

Product or Products means any products available for sale by us, as displayed on our Website from time to time.

Purchase Agreement means this agreement.

Purchase Price means the price payable for any Products under the Order.

We or us means Electric Surf LLC. Our has a corresponding meaning.

Website means electricsurf.com. 

2. General

This Purchase Agreement, and the documents incorporated by reference in this Purchase Agreement, set out the entirety of the terms of your purchase of Products from us. By placing an Order with us in any way and paying the Purchase Price, you are taken to have agreed to the terms of this Purchase Agreement.

3. Your Purchase

You agree to purchase, and we agree to sell to you, the Products detailed in the Order on the terms and conditions of this Purchase Agreement and the documents incorporated by reference in this Purchase Agreement.

4. Your Order

The Products ordered by you will be prepared to any specifications detailed in the Order. However, from time to time, certain Products will not be available or may not be available for a certain period of time. If this is the case, we will contact to you confirming available alternatives.

5. Payment and Cancellation

The Purchase Price payable will be specified on your Order, including as updated.

Once you have paid the Purchase Price and submitted your Order, you will not be able to cancel your order.

6. Shipping and other costs

Products ordered by you will be delivered to the address contained in your Order.

The Purchase Price includes the costs of shipping.

If you are located in the United States, all import duties and other costs will be included in the Purchase Price.

If you are located outside of a state of the United States, you will be responsible for the payment of all import duties, levies and other costs. You will also be responsible for managing any customs and importation requirements as necessary in your jurisdiction.

Please note that we may not be able to guarantee shipping to all locations and will contact you where necessary to discuss shipping options with you.

7. Returns

Unused merchandise may be returned for a refund within 30 days of purchase. Items over $500 are subject to a 5% restocking fee. Efoils, jetboards, and used items are not returnable.

8. Safety Waiver

Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.

We take every precaution to ensure that the Products are as safe as possible, and that at all times clear, up-to-date instructions for use and care of the Products are provided to our users. Using the Products at all times in conformity with all instructions, manuals, user guides, and other materials will significantly reduce the risk of harm to you and any person using the Products with you. We encourage you to familiarize yourself with all instruction and safety materials.

You acknowledge and agree that you use the Products freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in using the Products.

You further acknowledge and agree that due to the nature of the activities associated with the Products, it would be unreasonable for us to be in any way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products. To the full extent permitted by law, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees or agents.

This waiver is binding on you, and your executors, your legal personal representative and your estate, and we will rely on this waiver.

9. Severance

If at any time any provision of this Purchase Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair: