Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are unhappy with. If you are not sure about anything, just phone us on 01723 377565.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Dexters Surf Shop, School & Hire Centre Ltd whose trading name is Dexters Surf Shop a company registered in England and Wales under number 08817129 whose registered office is at 5 Belgrave Crescent, Scarborough, North Yorkshire, YO11 1UB and whose trading address is Dexters Surf Shop , Kepwick House Peasholm Gap North Bay Scarborough, North Yorkshire, YO12 7TN with email address email@example.com; telephone number 01723 377565; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website www.dexterssurfshop.com on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the Website you can set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
- a newspaper, periodical or magazine except subscription contracts for the supply of them;
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
- in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.dexterssurfshop.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Dexters Surf Shop , Kepwick House Peasholm Gap, North Bay Scarborough, North Yorkshire, YO12 7TN without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: Dexters Surf Shop Complaints Handling Policy Our complaints policy We are committed to providing a high-quality legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. If you have a complaint, please contact us with the details. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman. What will happen next? 1. We will send you a letter acknowledging receipt of your complaint within fourteen days of receiving it, enclosing a copy of this procedure. 2. We will then investigate your complaint. This will normally involve passing your complaint to our client care partner, [name], who will review your matter file and speak to the member of staff who acted for you. 3. Dexters Surf Shop will then invite you to a meeting to discuss and hopefully resolve your complaint. We will do this within 14 days of sending you the acknowledgement letter. 4. Within three days of the meeting, Dexters Surf Shop will write to you to confirm what took place and any solutions s/he has agreed with you. 5. If you do not want a meeting or it is not possible, [name] will send you a detailed written reply to your complaint, including his/her suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter. 6. At this stage, if you are still not satisfied, you should contact us again and we will arrange for another partner …or… someone unconnected with the matter at the firm …or, for a sole practitioner: Dexters Surf Shop to review there decision …or… appropriate alternative such as review by another local solicitor or mediation] to review the decision. 7. We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons. 8. If you are still not satisfied, you can then contact the Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ about your complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it). For further information, you should contact the Legal Ombudsman on 0300 555 0333 or at firstname.lastname@example.org.
- We aim to follow these codes of conduct, copies of which you can obtain as follows:
English Surfing Federation available from www.surfingengland.org
- These terms and conditions were created using a document from Rocket Lawyer).
Surf School & Hire Centre Teams & Condition
Please read the following section carefully. By signing this form you agree to the following conditions.
I am able to swim 50 metres.
I am confident in the water wearing a Lifejacket or Buoyancy Aid and am willing to comply with all safety instructions / regulations.
Lifejackets or Buoyancy Aids are provided for your safety/comfort and will be worn as instructed.
I am physically fit and able to take part in the training, rental or activity. An illness/disability will not necessarily prevent you from attending a course or renting equipment however it is essential that Dexters Surf Shopis made aware of your condition prior to accepting your booking. Contact your own GP for advice if necessary. Conditions that may be affected by the waves and weather action must be brought to the attention of Dexters Surf Shop.
Dexters Surf Shop’sdecision is final as to whether the course proceeds in light of weather or other conditions that in our view make the continuation of the course or rental unwise/or unsafe. In adverse weather conditions the Instructor may decide to limit the course.
Smoking is not permitted on or near any craft, pontoons or whilst wearing flotation devices. Drinking alcohol and carrying out water activities are incompatible. Course participants and rental clients agree not to consume alcohol during the course or period of rental.
Dexters Surf Shop or its staff do not accept responsibility for death of, or injury to the client or loss or damage to the Clients property.
LATE RETURNWHEN HIRINGOR EQUITPMENT DAMAGE:
Failure to return Equipment may be the subject of criminal complaint for theft against the practice of civil responsibility of the contract between the parties.
If you deliver the rented equipment after the time period of rental has expired, you agree to pay any additional charge for that period of time.
By this you agree to accept all responsibility and liability for any loss or damage to the equipment (however caused) which occurs during the course of your activity.
Any damage/loss must be reported to us immediately and the Customer will be responsible for the damage/loss occurring. You also agree to compensate us, for any and all loss of or damage to the equipment including, if required by the centre, the replacement of the Equipment and authorize the Centre to apply charges to the fee.
EXAMPLES OF COSTS*
Small dents, chips and scratches incur a charges of 25 + VAT each
Large dents, chips and scratches incur a charges of 50 + VAT each
Total Loss (Equipment lost or damaged which is beyond repair)
Paddles 90 + VAT Each
Life Jackets 100 + VAT Each
Foam Board 240 + VAT Each
Epoxy Board 550 + VAT Each
Fly XL Paddleboard 3500 +VAT Each
Single Paddleboard 450 + VAT Each
Kayaks 450 + VAT Each
Body boards 50 + VAT Each
*these are only examples of costs of equipment the price may vary.
LIABILITY: Dexters Surf Shop, School & Hire Centre Ltdaccept no responsibility for students. All care is taken to ensure student safety. All participants will be expected to listen to and adhere to all instructions and any advice given byDexters Surf Shop, School & Hire Centre Ltd.s staff at all times. We will refuse to teach any student/participant who is under the influence of alcohol or substance, or appears in no fit state to take part. This decision is made by the head coach on the day No refunds are offered in this situation.
All person(s) are required to sign a declaration prior to taking part in any activity and are responsible for ensuring all details are correct. Parents/Guardians of participants aged 18 or under will be required to sign their declaration and release from and stay within the beach vicinity at all times during the activity.
RISK: Please do not bring valuables with you. We do not accept any responsibility for loss or damage to personal items.
All our activitys have a degree of risk to both people and personal property, even if enjoyed under the proper supervision of qualified and experienced instructors. Our activitys are physical and strenuous that requires those taking part to have a reasonable standard of swimming ability (50 meters) and personal fitness. All activity attendees must therefor disclose any medical conditions, illnesses, allergies, physical impairments and have available and prescription medication they may require upon sign-in.
You should not participate in any activity if you are suffering from any heart condition or if you are pregnant. If you are unsure as to whether your condition will affect your ability, we advise you seek medical advice before booking your course. All activity members must not be under the influence of substance or alcohol at the time of the lesson which may adversely affect their mental/physical abilities.
All course members must agree to abide by all instructions and decisions thatDexters Surf Shop, School & Hire Centre Ltdstaff and instructors make to ensure the safety and wellbeing of all participants.
Person(s) attending activitys are to use our equipment during their activity.Dexters Surf Shop, School & Hire Centre Ltdtakes all reasonable measures to ensure that equipment is safe and in good condition for use, course members are responsible for immediately reporting any damage or total loss cause to the equipment, or that becomes apparent whilst the equipment is in their possession. (see examples of cost)
Dexters Surf Shop, School & Hire Centre Ltddoes not seek to limit or exclude any liability for personal injury or loss of life which may occur as a result of its own negligence or that of its employees, offices of agents.Dexters Surf Shop, School & Hire Centre Ltdassumes no liabilityin respect of any personal injury, loss, damages, consequential loss or third party claims which occur though no faults of its own, employees, officers or agents. All other liability or conditions implied by law and excluded to the fullest extent possible.
ACECEPTANCE OF RISK:Booking is accepted by us, on the understanding that you realize the hazards involved in surfing and water sports. You acknowledge that by the very nature of the activities you are exposed to an element of personal risk and that all activities are of a potentially hazardous and unpredictable nature above those associated with conventional holidays. You therefore accept and consent to the risks inherent in the implementation of this contract as reasonable limitations to the companys liability as set out in these terms and conditions. All participants agree to abide by all instructions given and decisions as communicated to the participant by theDexters Surf Shop, School & Hire Centre Ltdcoaches to ensure the safety and well being of our customers.
HOILYDAY INSUANCE:Comprehensive personal travel insurance is a must for any holiday whether at home or abroad. We strongly recommend that you have insurance cover for the duration of your visit to us, that is adequate for your needs and the types of activities you will be undertaking during your holiday, specifically but not limited to the activity of surfing and water sports. We do not check insurance policies; however we reserve the right to request written details (insurers name, policy number and emergency contact number) of your policy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
DISABILITIES & MEDICAL PROBLEMS:If you or any member of your party has a medical problem or disability that may affect your booking, in particular your ability to take part, please tell us before you confirm your booking and give us full details in writing as early as possible before your arrival. If we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the reservation.